Texas 2015 - 84th Regular

Texas Senate Bill SB588 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R1308 BEF-F
2	2	By: Huffman S.B. No. 588
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the dispensing of aesthetic pharmaceuticals by
8	8	physicians and therapeutic optometrists; imposing fees.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle A, Title 3, Occupations Code, is
11	11	amended by adding Chapter 116 to read as follows:
12	12	CHAPTER 116. DISPENSING OF AESTHETIC PHARMACEUTICALS
13	13	Sec. 116.001. DEFINITIONS. In this chapter:
14	14	(1) "Aesthetic pharmaceutical" means:
15	15	(A) a drug listed in the aesthetic pharmaceutical
16	16	group under Section 116.005; or
17	17	(B) a drug that:
18	18	(i) is not a controlled substance;
19	19	(ii) requires a prescription for
20	20	dispensation;
21	21	(iii) is legally marketed under 21 U.S.C.
22	22	Section 355, if it is a new drug subject to that section; and
23	23	(iv) is prescribed for the enhancement of
24	24	an individual's appearance.
25	25	(2) "Physician" means a person licensed to practice
26	26	medicine under Subtitle B.
27	27	(3) "Therapeutic optometrist" means a person licensed
28	28	to practice therapeutic optometry under Chapter 351.
29	29	Sec. 116.002. DISPENSING PERMITTED; FEE AUTHORIZED. (a) A
30	30	physician or therapeutic optometrist may dispense to the
31	31	physician's or therapeutic optometrist's patients an aesthetic
32	32	pharmaceutical in excess of the patient's immediate needs without
33	33	obtaining a license under Chapter 558. The physician or
34	34	therapeutic optometrist may charge a fee for dispensing the
35	35	pharmaceutical.
36	36	(b) A therapeutic optometrist may not dispense an aesthetic
37	37	pharmaceutical if that prescription does not fall within the scope
38	38	of the practice of therapeutic optometry, as defined by Section
39	39	351.002.
40	40	Sec. 116.003. NOTICE; LABELING; RECORDKEEPING.
41	41	(a) Before dispensing an aesthetic pharmaceutical to a patient, a
42	42	physician or therapeutic optometrist must inform the patient that
43	43	the prescription for the pharmaceutical may be filled at a
44	44	pharmacy, if available at a pharmacy, or dispensed in the
45	45	physician's or therapeutic optometrist's office.
46	46	(b) Each state and federal labeling and recordkeeping
47	47	requirement applicable to an aesthetic pharmaceutical must be
48	48	followed and documented. A record maintained under this section
49	49	must be accessible as provided under state and federal law.
50	50	Sec. 116.004. RULES; FEES. The Texas Medical Board shall
51	51	adopt rules for physicians and the Texas Optometry Board shall
52	52	adopt rules for therapeutic optometrists to govern the packaging,
53	53	labeling, and dispensing of aesthetic pharmaceuticals under this
54	54	chapter. The Texas Medical Board and the Texas Optometry Board
55	55	shall adopt reasonable fees as necessary to implement this chapter.
56	56	A fee adopted under this section may not exceed a fee adopted under
57	57	Section 554.006 for authorizing a pharmacist to dispense
58	58	pharmaceuticals.
59	59	Sec. 116.005. AESTHETIC PHARMACEUTICAL GROUP. The
60	60	aesthetic pharmaceutical group consists of:
61	61	(1) bimatoprost;
62	62	(2) hydroquinone; and
63	63	(3) tretinoin.
64	64	SECTION 2. Section 157.002(f), Occupations Code, is amended
65	65	to read as follows:
66	66	(f) Subsections (b) and (c) do not authorize a physician or
67	67	a person acting under the supervision of a physician to keep a
68	68	pharmacy, advertised or otherwise, for the retail sale of dangerous
69	69	drugs, other than as authorized under Chapter 116 and Section
70	70	158.003, without complying with the applicable laws relating to the
71	71	dangerous drugs.
72	72	SECTION 3. Section 563.051(d), Occupations Code, is amended
73	73	to read as follows:
74	74	(d) This section does not authorize a physician or a person
75	75	acting under the supervision of a physician to keep a pharmacy,
76	76	advertised or otherwise, for the retail sale of dangerous drugs,
77	77	other than as authorized under Chapter 116 and Section 158.003,
78	78	without complying with the applicable laws relating to the
79	79	dangerous drugs.
80	80	SECTION 4. The Texas Medical Board and the Texas Optometry
81	81	Board shall adopt rules for the implementation of Chapter 116,
82	82	Occupations Code, as added by this Act, not later than March 1,
83	83	2016.
84	84	SECTION 5. (a) Except as provided by Subsection (b) of
85	85	this section, this Act takes effect immediately if it receives a
86	86	vote of two-thirds of all the members elected to each house, as
87	87	provided by Section 39, Article III, Texas Constitution. If this
88	88	Act does not receive the vote necessary for immediate effect, this
89	89	Act takes effect September 1, 2015.
90	90	(b) Sections 116.002 and 116.003, Occupations Code, as
91	91	added by this Act, take effect March 1, 2016.