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A BILL TO BE ENTITLED
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AN ACT
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relating to the dispensation of aesthetic pharmaceuticals by |
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physicians. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 157.002(f), Occupations Code, is amended |
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to read as follows: |
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(f) Subsections (b) and (c) do not authorize a physician or |
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a person acting under the supervision of a physician to keep a |
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pharmacy, advertised or otherwise, for the retail sale of dangerous |
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drugs, other than as authorized under Sections [Section] 158.003 |
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and 158.004, without complying with the applicable laws relating to |
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the dangerous drugs. |
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SECTION 2. Chapter 158, Occupations Code, is amended by |
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adding Sections 158.004 and 158.005 to read as follows: |
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Sec. 158.004. DISPENSING OF AESTHETIC PHARMACEUTICALS. (a) |
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In this section, "aesthetic pharmaceutical" means: |
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(1) a drug listed in the aesthetic pharmaceutical |
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group under Section 158.005; or |
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(2) a drug that: |
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(A) is not a controlled substance; |
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(B) requires a prescription for dispensation; |
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(C) has been listed with the federal Food and |
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Drug Administration; and |
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(D) is prescribed for the enhancement of an |
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individual's appearance. |
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(b) A physician licensed under this subtitle may dispense to |
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that physician's patients an aesthetic pharmaceutical in excess of |
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the patient's immediate needs without obtaining a license under |
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Chapter 558. The physician may charge a fee for dispensing the |
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aesthetic pharmaceutical. |
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(c) Before dispensing an aesthetic pharmaceutical to a |
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patient, a physician must inform the patient that the prescription |
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for the aesthetic pharmaceutical may be filled at a pharmacy, if |
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available at a pharmacy, or dispensed in the physician's office. |
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(d) Each state and federal labeling and recordkeeping |
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requirement applicable to the aesthetic pharmaceutical must be |
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followed and documented. A record maintained under this section |
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must be accessible as provided under state and federal law. |
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(e) The board, with the advice of the Texas State Board of |
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Pharmacy, shall adopt rules to govern the packaging, labeling, and |
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dispensation of aesthetic pharmaceuticals by a physician under this |
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section and reasonable fees as necessary to implement this section. |
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A fee adopted under this subsection may not exceed a fee adopted |
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under Section 554.006 for authorizing a pharmacist to dispense |
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pharmaceuticals. |
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Sec. 158.005. AESTHETIC PHARMACEUTICAL GROUP. The |
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aesthetic pharmaceutical group consists of: |
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(1) bimatoprost; |
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(2) hydroquinone; |
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(3) tretinoin; |
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(4) metronidazole; and |
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(5) tazarotene. |
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SECTION 3. Section 563.051(d), Occupations Code, is |
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amended to read as follows: |
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(d) This section does not authorize a physician or a person |
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acting under the supervision of a physician to keep a pharmacy, |
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advertised or otherwise, for the retail sale of dangerous drugs, |
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other than as authorized under Sections [Section] 158.003 and |
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158.004, without complying with the applicable laws relating to the |
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dangerous drugs. |
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SECTION 4. The Texas Medical Board shall adopt rules for the |
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implementation of Section 158.004, Occupations Code, as added by |
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this Act, not later than March 1, 2014. |
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SECTION 5. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect immediately if it receives a vote of |
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two-thirds of all the members elected to each house, as provided by |
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Section 39, Article III, Texas Constitution. If this Act does not |
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receive the vote necessary for immediate effect, this Act takes |
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effect September 1, 2013. |
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(b) Section 158.004, Occupations Code, as added by this Act, |
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takes effect March 1, 2014. |