Bill Text: TX HB713 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the dispensing of pharmaceuticals with an aesthetic purpose by physicians and therapeutic optometrists.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-02-18 - Referred to Public Health [HB713 Detail]
Download: Texas-2013-HB713-Introduced.html
| 83R4026 SLB-F | ||
| By: Zerwas | H.B. No. 713 | |
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| 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 | ||
| drug that: | ||
| (A) requires a prescription for dispensing; | ||
| (B) has been approved by the federal Food and | ||
| Drug Administration; and | ||
| (C) is: | ||
| (i) listed in the pharmaceutical with an | ||
| aesthetic purpose group under Section 116.005; or | ||
| (ii) not a controlled substance and is | ||
| prescribed for the enhancement of a patient'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 or therapeutic optometrist may not dispense | ||
| to that physician's or therapeutic optometrist'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. | ||
| (c) A therapeutic optometrist may not dispense a | ||
| pharmaceutical with an aesthetic purpose 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 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. Section 157.002(f), 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. Section 563.051(d), 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, | ||
| 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. | ||
