Texas 2015 - 84th Regular

Texas House Bill HB1483 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R23105 BEF-F
2	2	By: Zerwas, Turner of Harris H.B. No. 1483
3	3	Substitute the following for H.B. No. 1483:
4	4	By: Crownover C.S.H.B. No. 1483
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the dispensing of aesthetic pharmaceuticals by
10	10	physicians and therapeutic optometrists; imposing fees.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle A, Title 3, Occupations Code, is
13	13	amended by adding Chapter 116 to read as follows:
14	14	CHAPTER 116. DISPENSING OF AESTHETIC PHARMACEUTICALS
15	15	Sec. 116.001. DEFINITIONS. In this chapter:
16	16	(1) "Aesthetic pharmaceutical" means:
17	17	(A) a drug listed in the aesthetic pharmaceutical
18	18	group under Section 116.005; or
19	19	(B) a drug that:
20	20	(i) is not a controlled substance;
21	21	(ii) requires a prescription for
22	22	dispensation;
23	23	(iii) is legally marketed under 21 U.S.C.
24	24	Section 355, if it is a new drug subject to that section; and
25	25	(iv) is prescribed for the enhancement of
26	26	an individual's appearance.
27	27	(2) "Physician" means a person licensed to practice
28	28	medicine under Subtitle B.
29	29	(3) "Therapeutic optometrist" means a person licensed
30	30	to practice therapeutic optometry under Chapter 351.
31	31	Sec. 116.002. DISPENSING PERMITTED; FEE AUTHORIZED. (a) A
32	32	physician or therapeutic optometrist may dispense to the
33	33	physician's or therapeutic optometrist's patients an aesthetic
34	34	pharmaceutical in excess of the patient's immediate needs without
35	35	obtaining a license under Chapter 558. The physician or
36	36	therapeutic optometrist may charge a fee for dispensing the
37	37	pharmaceutical.
38	38	(b) A therapeutic optometrist may not dispense an aesthetic
39	39	pharmaceutical if that prescription does not fall within the scope
40	40	of the practice of therapeutic optometry, as defined by Section
41	41	351.002.
42	42	Sec. 116.003. NOTICE; LABELING; RECORDKEEPING.
43	43	(a) Before dispensing an aesthetic pharmaceutical to a patient, a
44	44	physician or therapeutic optometrist must inform the patient that
45	45	the prescription for the pharmaceutical may be filled at a
46	46	pharmacy, if available at a pharmacy, or dispensed in the
47	47	physician's or therapeutic optometrist's office.
48	48	(b) Each state and federal labeling and recordkeeping
49	49	requirement applicable to an aesthetic pharmaceutical must be
50	50	followed and documented. A record maintained under this section
51	51	must be accessible as provided under state and federal law.
52	52	Sec. 116.004. RULES; FEES. The Texas Medical Board shall
53	53	adopt rules for physicians and the Texas Optometry Board shall
54	54	adopt rules for therapeutic optometrists to govern the packaging,
55	55	labeling, and dispensing of aesthetic pharmaceuticals under this
56	56	chapter. The Texas Medical Board and the Texas Optometry Board
57	57	shall adopt reasonable fees as necessary to implement this chapter.
58	58	A fee adopted under this section may not exceed a fee adopted under
59	59	Section 554.006 for authorizing a pharmacist to dispense
60	60	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. Section 157.002(f), Occupations Code, is amended
67	67	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. Section 563.051(d), Occupations Code, is amended
75	75	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 and the Texas Optometry
83	83	Board shall adopt rules for the implementation of Chapter 116,
84	84	Occupations Code, as added by this Act, not later than March 1,
85	85	2016.
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, 2015.
92	92	(b) Sections 116.002 and 116.003, Occupations Code, as
93	93	added by this Act, take effect March 1, 2016.