On final day of session, Gov. Abbott vetoes Botox patient safety bill filed after KXAN investigation

AUSTIN (KXAN) — Gov. Greg Abbott vetoed legislation which aimed to enhance Botox patient safety and transparency Monday, calling the measure "unnecessary and overly-burdensome" for business in Texas.

Senate Bill 378 would have prohibited barbers, cosmetologists and estheticians from administering Botox and other injectables unless they were licensed or authorized to give the shots. The measure would also have given the Texas Department of Licensing and Regulation more disciplinary authority over those professionals. 

"The passage of SB 378 is a critical step that protects the public from unqualified individuals administering potentially dangerous injections. This common-sense legislation ensures cosmetologists and barbers are not performing injections without proper physician supervision,” the bill's author, Sen. Charles Schwertner, R-Georgetown, explained after the measure was sent to the governor on May 21. KXAN has reached out to Schwertner's office for comment after the veto.

"Texas should be removing barriers for small businesses and occupational licensees," Senate Secretary Patsy Spaw said on the chamber floor Monday, reading the governor's written words verbatim. "Senate Bill 378 by Schwertner does just the opposite by, among other things, prohibiting a licensed cosmetologist or barber from 'making an incision into the dermis, layer of a person's skin.' Barbers who nick a customer's neck during a straight razor shave should not fear the loss of their licenses as we work to make government more efficient and less intrusive for Texans and businesses."

While most of the governor's vetoes will be delivered after the session, SB 378's passage timeline required him to take action sooner or the bill would have gone into law without his signature. It is his first veto of a Senate bill this session.

"I disapprove of this bill," Abbott wrote to Senators before sine die, the official end of the session. "Since you remain gathered in regular session and continue to conduct formal business, I am delivering this disapproval message directly to you along with the unsigned official enrolled copy of the bill."

Schwertner told lawmakers earlier in the session there have been increased reports of "Botox parties" which include unauthorized and unsafe injections to friends and family without proper supervision.

Schwertner previously shared with KXAN investigators that, by law, estheticians and cosmetologists can only perform injections, including Botox, under the authority of a physician. He added that while the Texas Medical Board has disciplinary authority over physicians who are authorizing the injections, there is no oversight when it comes to professionals including estheticians or cosmetologists who could be in violation. 

During a House committee hearing in April, lawmakers received nearly 50 written comments from many Texas estheticians and injectors opposing the legislation and sharing concerns about their businesses being impacted. 

Patient protection advocates have been pushing for oversight in the growing industry. The legislation was filed after a KXAN investigation uncovered that anyone in Texas can become certified to do injections, including Botox. KXAN’s “Backroom Botox” investigation highlighted medical concerns after a Botox treatment led to an emergency in the back room of a local boutique in Dublin, a city north of Austin.