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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 83(R)

Senate Bill 227

Senate Author:  Williams

Effective:  Vetoed

House Sponsor:  Zerwas


            Senate Bill 227 amends the Occupations Code to authorize a physician or therapeutic optometrist to dispense to a patient an aesthetic pharmaceutical in excess of the patient's immediate needs for a fee and without obtaining a license to practice pharmacy. The bill sets out notice, labeling, and recordkeeping requirements before such pharmaceuticals may be dispensed and prohibits a therapeutic optometrist from dispensing an aesthetic pharmaceutical that does not fall within the scope of practice of therapeutic optometry.

Senate Bill 227 requires the Texas Medical Board, the Texas State Board of Pharmacy, and the Texas Optometry Board to adopt rules governing the packaging, labeling, and dispensing of aesthetic pharmaceuticals and requires the Texas Medical Board and the Texas Optometry Board to adopt fees as necessary. The bill specifies that the aesthetic pharmaceutical group consists of bimatoprost, hydroquinone, and tretinoin.

 

Reason Given for Veto: "SB 227 would circumvent existing safeguards for the dispensing of certain prescription cosmetic drugs by allowing physicians and optometrists to sell these medications directly. It is the role of pharmacists--who are trained specifically in drug interactions, side effects and allergies--to dispense the medications. Additionally, the State Board of Pharmacy has the authority to inspect pharmacies to ensure drugs are stored securely and at safe temperatures.

 

"I share concerns from within the health care community that though these drugs are used for aesthetic purposes, they are still prescription-strength drugs with potentially dangerous side effects and interactions, and therefore should remain subject to existing safety protocols and oversight."