Bill Text: TX SB227 | 2013-2014 | 83rd Legislature | Enrolled

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Bill Title: Relating to the dispensing of aesthetic pharmaceuticals by physicians and therapeutic optometrists; imposing fees.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Vetoed) 2013-06-14 - Vetoed by the Governor [SB227 Detail]

Download: Texas-2013-SB227-Enrolled.html

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S.B. No. 227

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) has been listed with the federal Food
and Drug Administration; 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 and the
Texas State Board of Pharmacy shall jointly adopt rules for
physicians, and the Texas Optometry Board and the Texas State Board
of Pharmacy shall jointly 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; and
(3) tretinoin.
SECTION 2. Subsection (f), Section 157.002, 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. Subsection (d), Section 563.051, 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, Texas Optometry Board,
and Texas State Board of Pharmacy shall adopt rules for the
implementation of Chapter 116, Occupations Code, as added by this
Act, not later than March 1, 2014.
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, 2013.
(b) Sections 116.002 and 116.003, Occupations Code, as
added by this Act, take effect March 1, 2014.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 227 passed the Senate on
March 12, 2013, by the following vote: Yeas 29, Nays 2; and that
the Senate concurred in House amendment on May 25, 2013, by the
following vote: Yeas 28, Nays 2.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 227 passed the House, with
amendment, on May 21, 2013, by the following vote: Yeas 127,
Nays 19, three present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor