83R4026 SLB-F
By: Zerwas H.B. No. 713
A BILL TO BE ENTITLED
AN ACT
relating to the dispensing of pharmaceuticals with an aesthetic
purpose by physicians and therapeutic optometrists.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 3, Occupations Code, is
amended by adding Chapter 116 to read as follows:
CHAPTER 116. DISPENSING OF PHARMACEUTICALS WITH AN AESTHETIC
PURPOSE
Sec. 116.001. DEFINITIONS. In this chapter:
(1) "Pharmaceutical with an aesthetic purpose" means a
drug that:
(A) requires a prescription for dispensing;
(B) has been approved by the federal Food and
Drug Administration; and
(C) is:
(i) listed in the pharmaceutical with an
aesthetic purpose group under Section 116.005; or
(ii) not a controlled substance and is
prescribed for the enhancement of a patient's appearance.
(2) "Physician" means a person licensed to practice
medicine under Subtitle B.
(3) "Therapeutic optometrist" means a person licensed
to practice therapeutic optometry under Chapter 351.
Sec. 116.002. DISPENSING PERMITTED; FEE AUTHORIZED. (a) A
physician or therapeutic optometrist may dispense to the
physician's or therapeutic optometrist's patients a pharmaceutical
with an aesthetic purpose in excess of the patient's immediate
needs without obtaining a license under Chapter 558. The physician
or therapeutic optometrist may charge a fee for dispensing the
pharmaceutical.
(b) A physician or therapeutic optometrist may not dispense
to that physician's or therapeutic optometrist's patients a
pharmaceutical with an aesthetic purpose in excess of the patient's
immediate needs if the pharmaceutical is prescribed for a use other
than the enhancement of the patient's physical appearance.
(c) A therapeutic optometrist may not dispense a
pharmaceutical with an aesthetic purpose if that prescription does
not fall within the scope of the practice of therapeutic optometry,
as defined by Section 351.002.
Sec. 116.003. NOTICE; LABELING; RECORDKEEPING.
(a) Before dispensing a pharmaceutical with an aesthetic purpose
to a patient, a physician or therapeutic optometrist must inform
the patient that the prescription for the pharmaceutical may be
filled at a pharmacy or dispensed in the physician's or therapeutic
optometrist's office.
(b) Each state and federal labeling and recordkeeping
requirement applicable to the pharmaceutical with an aesthetic
purpose must be followed and documented. A record maintained under
this section must be accessible as provided under state and federal
law.
Sec. 116.004. RULES; FEES. The Texas Medical Board shall
adopt rules for physicians, and the Texas Optometry Board shall
adopt rules for therapeutic optometrists, with the advice of the
Texas State Board of Pharmacy, to govern the packaging, labeling,
and dispensing of pharmaceuticals with an aesthetic purpose under
this chapter. The Texas Medical Board and the Texas Optometry Board
shall adopt reasonable fees as necessary to implement this chapter.
A fee adopted under this section may not exceed a fee adopted under
Section 554.006 for authorizing a pharmacist to dispense
pharmaceuticals.
Sec. 116.005. PHARMACEUTICAL WITH AN AESTHETIC PURPOSE
GROUP. The pharmaceutical with an aesthetic purpose group consists
of:
(1) bimatoprost; and
(2) eflornithine.
SECTION 2. Section 157.002(f), Occupations Code, is amended
to read as follows:
(f) Subsections (b) and (c) do not authorize a physician or
a person acting under the supervision of a physician to keep a
pharmacy, advertised or otherwise, for the retail sale of dangerous
drugs, other than as authorized under Chapter 116 and Section
158.003, without complying with the applicable laws relating to the
dangerous drugs.
SECTION 3. Section 563.051(d), Occupations Code, is
amended to read as follows:
(d) This section does not authorize a physician or a person
acting under the supervision of a physician to keep a pharmacy,
advertised or otherwise, for the retail sale of dangerous drugs,
other than as authorized under Chapter 116 and Section 158.003,
without complying with the applicable laws relating to the
dangerous drugs.
SECTION 4. The Texas Medical Board and Texas Optometry
Board shall adopt rules for the implementation of Chapter 116,
Occupations Code, as added by this Act, not later than March 1,
2014.
SECTION 5. (a) Except as provided by Subsection (b) of
this section, this Act takes effect immediately if it receives a
vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.
(b) Sections 116.002 and 116.003, Occupations Code, as
added by this Act, take effect March 1, 2014.