Texas 2013 - 83rd Regular

Texas Senate Bill SB227 Compare Versions

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Old	New	Differences
1	1	By: Williams S.B. No. 227
2	2	(Zerwas)
3	3	Substitute the following for S.B. No. 227: No.
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the dispensing of aesthetic pharmaceuticals by
9	9	physicians and therapeutic optometrists; imposing fees.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle A, Title 3, Occupations Code, is
12	12	amended by adding Chapter 116 to read as follows:
13	13	CHAPTER 116. DISPENSING OF AESTHETIC PHARMACEUTICALS
14	14	Sec. 116.001. DEFINITIONS. In this chapter:
15	15	(1) "Aesthetic pharmaceutical" means:
16	16	(A) a drug listed in the aesthetic pharmaceutical
17	17	group under Section 116.005; or
18	18	(B) a drug that:
19	19	(i) is not a controlled substance;
20	20	(ii) requires a prescription for
21	21	dispensation;
22	22	(iii) has been listed with the federal Food
23	23	and Drug Administration; and
24	24	(iv) is prescribed for the enhancement of
25	25	an individual's appearance.
26	26	(2) "Physician" means a person licensed to practice
27	27	medicine under Subtitle B.
28	28	(3) "Therapeutic optometrist" means a person licensed
29	29	to practice therapeutic optometry under Chapter 351.
30	30	Sec. 116.002. DISPENSING PERMITTED; FEE AUTHORIZED. (a) A
31	31	physician or therapeutic optometrist may dispense to the
32	32	physician's or therapeutic optometrist's patients an aesthetic
33	33	pharmaceutical in excess of the patient's immediate needs without
34	34	obtaining a license under Chapter 558. The physician or
35	35	therapeutic optometrist may charge a fee for dispensing the
36	36	pharmaceutical.
37	37	(b) A therapeutic optometrist may not dispense an aesthetic
38	38	pharmaceutical if that prescription does not fall within the scope
39	39	of the practice of therapeutic optometry, as defined by Section
40	40	351.002.
41	41	Sec. 116.003. NOTICE; LABELING; RECORDKEEPING.
42	42	(a) Before dispensing an aesthetic pharmaceutical to a patient, a
43	43	physician or therapeutic optometrist must inform the patient that
44	44	the prescription for the pharmaceutical may be filled at a
45	45	pharmacy, if available at a pharmacy, or dispensed in the
46	46	physician's or therapeutic optometrist's office.
47	47	(b) Each state and federal labeling and recordkeeping
48	48	requirement applicable to an aesthetic pharmaceutical must be
49	49	followed and documented. A record maintained under this section
50	50	must be accessible as provided under state and federal law.
51	51	Sec. 116.004. RULES; FEES. The Texas Medical Board and the
52	52	Texas State Board of Pharmacy shall jointly adopt rules for
53	53	physicians, and the Texas Optometry Board and the Texas State Board
54	54	of Pharmacy shall jointly adopt rules for therapeutic optometrists,
55	55	to govern the packaging, labeling, and dispensing of aesthetic
56	56	pharmaceuticals under this chapter. The Texas Medical Board and
57	57	the Texas Optometry Board shall adopt reasonable fees as necessary
58	58	to implement this chapter. A fee adopted under this section may not
59	59	exceed a fee adopted under Section 554.006 for authorizing a
60	60	pharmacist to dispense pharmaceuticals.
61	61	Sec. 116.005. AESTHETIC PHARMACEUTICAL GROUP. The
62	62	aesthetic pharmaceutical group consists of:
63	63	(1) bimatoprost;
64	64	(2) hydroquinone; and
65	65	(3) tretinoin.
66	66	SECTION 2. Subsection (f), Section 157.002, Occupations
67	67	Code, is amended to read as follows:
68	68	(f) Subsections (b) and (c) do not authorize a physician or
69	69	a person acting under the supervision of a physician to keep a
70	70	pharmacy, advertised or otherwise, for the retail sale of dangerous
71	71	drugs, other than as authorized under Chapter 116 and Section
72	72	158.003, without complying with the applicable laws relating to the
73	73	dangerous drugs.
74	74	SECTION 3. Subsection (d), Section 563.051, Occupations
75	75	Code, is amended to read as follows:
76	76	(d) This section does not authorize a physician or a person
77	77	acting under the supervision of a physician to keep a pharmacy,
78	78	advertised or otherwise, for the retail sale of dangerous drugs,
79	79	other than as authorized under Chapter 116 and Section 158.003,
80	80	without complying with the applicable laws relating to the
81	81	dangerous drugs.
82	82	SECTION 4. The Texas Medical Board, Texas Optometry Board,
83	83	and Texas State Board of Pharmacy shall adopt rules for the
84	84	implementation of Chapter 116, Occupations Code, as added by this
85	85	Act, not later than March 1, 2014.
86	86	SECTION 5. (a) Except as provided by Subsection (b) of
87	87	this section, this Act takes effect immediately if it receives a
88	88	vote of two-thirds of all the members elected to each house, as
89	89	provided by Section 39, Article III, Texas Constitution. If this
90	90	Act does not receive the vote necessary for immediate effect, this
91	91	Act takes effect September 1, 2013.
92	92	(b) Sections 116.002 and 116.003, Occupations Code, as
93	93	added by this Act, take effect March 1, 2014.