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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; authorizing fees. |
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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 Section 158.003 and |
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Subchapter B, Chapter 158, without complying with the applicable |
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laws relating to the dangerous drugs. |
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SECTION 2. Chapter 158, Occupations Code, is amended by |
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designating Sections 158.001, 158.002, and 158.003, Occupations |
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Code, as Subchapter A, Chapter 158, Occupations Code, and adding a |
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subchapter heading to read as follows: |
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SUBCHAPTER A. PROVISION OF DRUGS AND SUPPLIES UNDER CERTAIN |
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CIRCUMSTANCES |
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SECTION 3. Chapter 158, Occupations Code, is amended by |
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adding Subchapter B to read as follows: |
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SUBCHAPTER B. DISPENSING OF AESTHETIC PHARMACEUTICALS |
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Sec. 158.051. DEFINITION. In this subchapter, "aesthetic |
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pharmaceutical" means: |
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(1) a drug listed in the aesthetic pharmaceutical |
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group under Section 158.055; 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) is legally marketed under 21 U.S.C. Section |
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355, if it is a new drug subject to that section; and |
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(D) is prescribed for the enhancement of an |
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individual's appearance. |
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Sec. 158.052. DISPENSING PERMITTED; FEE AUTHORIZED. A |
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physician may dispense to the physician'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 may charge a |
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fee for dispensing the pharmaceutical. |
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Sec. 158.053. NOTICE; LABELING; RECORDKEEPING. (a) Before |
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dispensing an aesthetic pharmaceutical to a patient, a physician |
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must inform the patient that the prescription for the |
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pharmaceutical may be filled at a pharmacy, if available at a |
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pharmacy, or dispensed in the physician'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. 158.054. RULES; FEES. The board shall adopt rules to |
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govern the packaging, labeling, and dispensing of aesthetic |
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pharmaceuticals under this subchapter. The board shall adopt |
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reasonable fees as necessary to implement this subchapter. A fee |
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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. 158.055. 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) topical medications containing urea; |
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(10) mequinol; and |
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(11) resorcinol. |
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SECTION 4. 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 Section 158.003 and Subchapter B, |
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Chapter 158, without complying with the applicable laws relating to |
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the dangerous drugs. |
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SECTION 5. The Texas Medical Board shall adopt rules for the |
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implementation of Subchapter B, Chapter 158, Occupations Code, as |
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added by this Act, not later than January 1, 2018. |
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SECTION 6. (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, 2017. |
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(b) Sections 158.052 and 158.053, Occupations Code, as |
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added by this Act, take effect July 1, 2018. |