By: Williams S.B. No. 227
 
  (Zerwas)
 
  Substitute the following for S.B. No. 227:  No.
 
 
 
A BILL TO BE ENTITLED
 
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.