85R7025 BEE-F
By: Oliverson H.B. No. 2420
A BILL TO BE ENTITLED
AN ACT
relating to the dispensing of aesthetic pharmaceuticals by
physicians; authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 Section 158.003 and
Subchapter B, Chapter 158, without complying with the applicable
laws relating to the dangerous drugs.
SECTION 2. Chapter 158, Occupations Code, is amended by
designating Sections 158.001, 158.002, and 158.003, Occupations
Code, as Subchapter A, Chapter 158, Occupations Code, and adding a
subchapter heading to read as follows:
SUBCHAPTER A. PROVISION OF DRUGS AND SUPPLIES UNDER CERTAIN
CIRCUMSTANCES
SECTION 3. Chapter 158, Occupations Code, is amended by
adding Subchapter B to read as follows:
SUBCHAPTER B. DISPENSING OF AESTHETIC PHARMACEUTICALS
Sec. 158.051. DEFINITION. In this subchapter, "aesthetic
pharmaceutical" means:
(1) a drug listed in the aesthetic pharmaceutical
group under Section 158.055; or
(2) a drug that:
(A) is not a controlled substance;
(B) requires a prescription for dispensation;
(C) is legally marketed under 21 U.S.C. Section
355, if it is a new drug subject to that section; and
(D) is prescribed for the enhancement of an
individual's appearance.
Sec. 158.052. DISPENSING PERMITTED; FEE AUTHORIZED. A
physician may dispense to the physician's patients an aesthetic
pharmaceutical in excess of the patient's immediate needs without
obtaining a license under Chapter 558. The physician may charge a
fee for dispensing the pharmaceutical.
Sec. 158.053. NOTICE; LABELING; RECORDKEEPING. (a) Before
dispensing an aesthetic pharmaceutical to a patient, a physician
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 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. 158.054. RULES; FEES. The board shall adopt rules to
govern the packaging, labeling, and dispensing of aesthetic
pharmaceuticals under this subchapter. The board shall adopt
reasonable fees as necessary to implement this subchapter. A fee
adopted under this section may not exceed a fee adopted under
Section 554.006 for authorizing a pharmacist to dispense
pharmaceuticals.
Sec. 158.055. 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) topical medications containing urea;
(10) mequinol; and
(11) resorcinol.
SECTION 4. 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 Section 158.003 and Subchapter B,
Chapter 158, without complying with the applicable laws relating to
the dangerous drugs.
SECTION 5. The Texas Medical Board shall adopt rules for the
implementation of Subchapter B, Chapter 158, Occupations Code, as
added by this Act, not later than January 1, 2018.
SECTION 6. (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, 2017.
(b) Sections 158.052 and 158.053, Occupations Code, as
added by this Act, take effect July 1, 2018.