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

(In the Senate - Filed March 2, 2011; March 16, 2011, read first time and referred to Committee on Health and Human Services; April 11, 2011, reported adversely, with favorable Committee Substitute by the following vote: Yeas 8, Nays 0; April 11, 2011, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 1081 By: Nichols

A BILL TO BE ENTITLED

AN ACT

relating to the dispensing of pharmaceuticals with an aesthetic purpose by physicians and therapeutic optometrists.

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 PHARMACEUTICALS WITH AN AESTHETIC

PURPOSE

Sec. 116.001. DEFINITIONS. In this chapter:

(1) "Pharmaceutical with an aesthetic purpose" means:

(A) a drug listed in the pharmaceutical with an aesthetic purpose group under Section 116.005; or

(B) a drug that:

(i) is not a controlled substance;

(ii) requires a prescription for dispensing;

(iii) has been approved by 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 a pharmaceutical with an aesthetic purpose 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 physician may not dispense to that physician's patients a pharmaceutical with an aesthetic purpose in excess of the patient's immediate needs if the pharmaceutical is prescribed for a use other than the enhancement of the patient's physical appearance.

Sec. 116.003. NOTICE; LABELING; RECORDKEEPING. (a) Before dispensing a pharmaceutical with an aesthetic purpose to a patient, a physician or therapeutic optometrist must inform the patient that the prescription for the pharmaceutical may be filled 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 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.

Sec. 116.004. RULES; FEES. The Texas Medical Board shall adopt rules for physicians, and the Texas Optometry Board shall adopt rules for therapeutic optometrists, with the advice of the Texas State Board of Pharmacy, to govern the packaging, labeling, and dispensing of pharmaceuticals with an aesthetic purpose 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. PHARMACEUTICAL WITH AN AESTHETIC PURPOSE GROUP. The pharmaceutical with an aesthetic purpose group consists of:

(1) bimatoprost; and

(2) eflornithine.

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 and Texas Optometry Board shall adopt rules for the implementation of Chapter 116, 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) Sections 116.002 and 116.003, Occupations Code, as added by this Act, take effect March 1, 2012.

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