Bill Text: TX SB1081 | 2011-2012 | 82nd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the dispensing of pharmaceuticals with an aesthetic purpose by physicians and therapeutic optometrists.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed - Dead) 2011-05-22 - Committee report sent to Calendars [SB1081 Detail]
Download: Texas-2011-SB1081-Comm_Sub.html
Bill Title: Relating to the dispensing of pharmaceuticals with an aesthetic purpose by physicians and therapeutic optometrists.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed - Dead) 2011-05-22 - Committee report sent to Calendars [SB1081 Detail]
Download: Texas-2011-SB1081-Comm_Sub.html
By: Van de Putte, Birdwell | S.B. No. 1081 | |
(In the Senate - Filed March 2, 2011; March 16, 2011, read | ||
first time and referred to Committee on Health and Human Services; | ||
April 11, 2011, reported adversely, with favorable Committee | ||
Substitute by the following vote: Yeas 8, Nays 0; April 11, 2011, | ||
sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 1081 | By: Nichols |
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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) a drug listed in the pharmaceutical with an | ||
aesthetic purpose group under Section 116.005; or | ||
(B) a drug that: | ||
(i) is not a controlled substance; | ||
(ii) requires a prescription for | ||
dispensing; | ||
(iii) has been approved by 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 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 may not dispense to that physician'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. | ||
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. 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 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, | ||
2012. | ||
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, 2011. | ||
(b) Sections 116.002 and 116.003, Occupations Code, as | ||
added by this Act, take effect March 1, 2012. | ||
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