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A BILL TO BE ENTITLED
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AN ACT
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relating to the dispensing of aesthetic pharmaceuticals by |
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physicians and therapeutic optometrists; imposing fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 3, Occupations Code, is |
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amended by adding Chapter 116 to read as follows: |
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CHAPTER 116. DISPENSING OF AESTHETIC PHARMACEUTICALS |
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Sec. 116.001. DEFINITIONS. In this chapter: |
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(1) "Aesthetic pharmaceutical" means: |
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(A) a drug listed in the aesthetic pharmaceutical |
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group under Section 116.005; or |
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(B) a drug that: |
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(i) is not a controlled substance; |
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(ii) requires a prescription for |
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dispensation; |
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(iii) is legally marketed under 21 U.S.C. |
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Section 355, if it is a new drug subject to that section; and |
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(iv) is prescribed for the enhancement of |
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an individual's appearance. |
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(2) "Physician" means a person licensed to practice |
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medicine under Subtitle B. |
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(3) "Therapeutic optometrist" means a person licensed |
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to practice therapeutic optometry under Chapter 351. |
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Sec. 116.002. DISPENSING PERMITTED; FEE AUTHORIZED. (a) A |
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physician or therapeutic optometrist may dispense to the |
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physician's or therapeutic optometrist's patients an aesthetic |
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pharmaceutical in excess of the patient's immediate needs without |
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obtaining a license under Chapter 558. The physician or |
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therapeutic optometrist may charge a fee for dispensing the |
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pharmaceutical. |
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(b) A therapeutic optometrist may not dispense an aesthetic |
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pharmaceutical if that prescription does not fall within the scope |
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of the practice of therapeutic optometry, as defined by Section |
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351.002. |
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Sec. 116.003. NOTICE; LABELING; RECORDKEEPING. |
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(a) Before dispensing an aesthetic pharmaceutical to a patient, a |
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physician or therapeutic optometrist must inform the patient that |
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the prescription for the pharmaceutical may be filled at a |
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pharmacy, if available at a pharmacy, or dispensed in the |
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physician's or therapeutic optometrist's office. |
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(b) Each state and federal labeling and recordkeeping |
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requirement applicable to an 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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Sec. 116.004. RULES; FEES. The Texas Medical Board shall |
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adopt rules for physicians and the Texas Optometry Board shall |
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adopt rules for therapeutic optometrists to govern the packaging, |
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labeling, and dispensing of aesthetic pharmaceuticals under this |
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chapter. The Texas Medical Board and the Texas Optometry Board |
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shall adopt reasonable fees as necessary to implement this chapter. |
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A fee adopted under this section may not exceed a fee adopted under |
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Section 554.006 for authorizing a pharmacist to dispense |
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pharmaceuticals. |
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Sec. 116.005. 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; |
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(5) tazarotene; |
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(6) eflornithine; |
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(7) dapsone; |
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(8) salicylic acid; |
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(9) urea topicals; |
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(10) mequinol; and |
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(11) resorcinol. |
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SECTION 2. 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 Chapter 116 and Section |
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158.003, without complying with the applicable laws relating to the |
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dangerous drugs. |
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SECTION 3. Section 563.051(d), Occupations Code, is amended |
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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 Chapter 116 and Section 158.003, |
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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 and the Texas Optometry |
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Board shall adopt rules for the implementation of Chapter 116, |
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Occupations Code, as added by this Act, not later than March 1, |
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2016. |
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SECTION 5. (a) Except as provided by Subsection (b) of |
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this section, this Act takes effect immediately if it receives a |
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vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |
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(b) Sections 116.002 and 116.003, Occupations Code, as |
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added by this Act, take effect March 1, 2016. |