82R7834 SLB-F

By: Van de Putte S.B. No. 1081

A BILL TO BE ENTITLED

AN ACT

relating to the dispensation of pharmaceuticals with an aesthetic purpose by physicians.

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 Sections [Section] 158.003 and 158.004, without complying with the applicable laws relating to the dangerous drugs.

SECTION 2. Chapter 158, Occupations Code, is amended by adding Sections 158.004 and 158.0045 to read as follows:

Sec. 158.004. DISPENSING OF PHARMACEUTICALS WITH AN AESTHETIC PURPOSE. (a) In this section, "pharmaceutical with an aesthetic purpose" means:

(1) a drug listed in the pharmaceutical with an aesthetic purpose group under Section 158.0045; or

(2) a drug that:

(A) is not a controlled substance;

(B) requires a prescription for dispensation;

(C) has been approved by the federal Food and Drug Administration; and

(D) is prescribed for the enhancement of an individual's appearance.

(b) A physician licensed under this subtitle may dispense to that physician's patients a pharmaceutical with an aesthetic purpose 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.

(c) Before dispensing a pharmaceutical with an aesthetic purpose to a patient, a physician must inform the patient that the prescription for the pharmaceutical may be filled at a pharmacy or dispensed in the physician's office.

(d) Each state and federal labeling and recordkeeping requirement applicable to the pharmaceutical with an aesthetic purpose must be followed and documented. A record maintained under this section must be accessible as provided under state and federal law.

(e) The board, with the advice of the Texas State Board of Pharmacy, shall adopt rules to govern the packaging, labeling, and dispensation of pharmaceuticals with an aesthetic purpose by a physician under this section and reasonable fees as necessary to implement this section. A fee adopted under this subsection may not exceed a fee adopted under Section 554.006 for authorizing a pharmacist to dispense pharmaceuticals.

Sec. 158.0045. PHARMACEUTICAL WITH AN AESTHETIC PURPOSE GROUP. The pharmaceutical with an aesthetic purpose group consists of:

(1) bimatoprost;

(2) eflornithine;

(3) finasteride;

(4) fluocinolone;

(5) hydroquinone;

(6) tretinoin;

(7) minoxidil; and

(8) tazarotene.

SECTION 3. 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 Sections [Section] 158.003 and 158.004, without complying with the applicable laws relating to the dangerous drugs.

SECTION 4. The Texas State Board of Pharmacy shall adopt rules for the implementation of Section 158.004, Occupations Code, as added by this Act, not later than March 1, 2012.

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, 2011.

(b) Section 158.004, Occupations Code, as added by this Act, takes effect March 1, 2012.