84R7625 BEF-F
By: Zerwas H.B. No. 1483
A BILL TO BE ENTITLED
AN ACT
relating to the dispensing of aesthetic pharmaceuticals by
physicians and therapeutic optometrists; imposing fees.
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 AESTHETIC PHARMACEUTICALS
Sec. 116.001. DEFINITIONS. In this chapter:
(1) "Aesthetic pharmaceutical" means:
(A) a drug listed in the aesthetic pharmaceutical
group under Section 116.005; or
(B) a drug that:
(i) is not a controlled substance;
(ii) requires a prescription for
dispensation;
(iii) is legally marketed under 21 U.S.C.
Section 355, if it is a new drug subject to that section; and
(iv) is prescribed for the enhancement of
an individual'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 an aesthetic
pharmaceutical 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 therapeutic optometrist may not dispense an aesthetic
pharmaceutical 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 an aesthetic pharmaceutical to a patient, a
physician or therapeutic optometrist must inform the patient that
the prescription for the pharmaceutical may be filled at a
pharmacy, if available 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 an aesthetic pharmaceutical 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 to govern the packaging,
labeling, and dispensing of aesthetic pharmaceuticals 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. AESTHETIC PHARMACEUTICAL GROUP. The
aesthetic pharmaceutical group consists of:
(1) bimatoprost;
(2) hydroquinone;
(3) tretinoin;
(4) metronidazole;
(5) tazarotene;
(6) eflornithine;
(7) dapsone;
(8) salicylic acid;
(9) urea topicals;
(10) mequinol; and
(11) resorcinol.
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 the Texas Optometry
Board shall adopt rules for the implementation of Chapter 116,
Occupations Code, as added by this Act, not later than March 1,
2016.
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, 2015.
(b) Sections 116.002 and 116.003, Occupations Code, as
added by this Act, take effect March 1, 2016.