Bill Text: TX SB1606 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the dispensing of aesthetic pharmaceuticals by physicians; authorizing fees.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-21 - Referred to Health & Human Services [SB1606 Detail]
Download: Texas-2017-SB1606-Introduced.html
| 85R7025 BEE-F | ||
| By: Creighton | S.B. No. 1606 | |
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| relating to the dispensing of aesthetic pharmaceuticals by | ||
| physicians; authorizing fees. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. 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 Section 158.003 and | ||
| Subchapter B, Chapter 158, without complying with the applicable | ||
| laws relating to the dangerous drugs. | ||
| SECTION 2. Chapter 158, Occupations Code, is amended by | ||
| designating Sections 158.001, 158.002, and 158.003, Occupations | ||
| Code, as Subchapter A, Chapter 158, Occupations Code, and adding a | ||
| subchapter heading to read as follows: | ||
| SUBCHAPTER A. PROVISION OF DRUGS AND SUPPLIES UNDER CERTAIN | ||
| CIRCUMSTANCES | ||
| SECTION 3. Chapter 158, Occupations Code, is amended by | ||
| adding Subchapter B to read as follows: | ||
| SUBCHAPTER B. DISPENSING OF AESTHETIC PHARMACEUTICALS | ||
| Sec. 158.051. DEFINITION. In this subchapter, "aesthetic | ||
| pharmaceutical" means: | ||
| (1) a drug listed in the aesthetic pharmaceutical | ||
| group under Section 158.055; or | ||
| (2) a drug that: | ||
| (A) is not a controlled substance; | ||
| (B) requires a prescription for dispensation; | ||
| (C) is legally marketed under 21 U.S.C. Section | ||
| 355, if it is a new drug subject to that section; and | ||
| (D) is prescribed for the enhancement of an | ||
| individual's appearance. | ||
| Sec. 158.052. DISPENSING PERMITTED; FEE AUTHORIZED. A | ||
| physician may dispense to the physician's patients an aesthetic | ||
| pharmaceutical in excess of the patient's immediate needs without | ||
| obtaining a license under Chapter 558. The physician may charge a | ||
| fee for dispensing the pharmaceutical. | ||
| Sec. 158.053. NOTICE; LABELING; RECORDKEEPING. (a) Before | ||
| dispensing an aesthetic pharmaceutical to a patient, a physician | ||
| must inform the patient that the prescription for the | ||
| pharmaceutical may be filled at a pharmacy, if available at a | ||
| pharmacy, or dispensed in the physician's office. | ||
| (b) Each state and federal labeling and recordkeeping | ||
| requirement applicable to an aesthetic pharmaceutical must be | ||
| followed and documented. A record maintained under this section | ||
| must be accessible as provided under state and federal law. | ||
| Sec. 158.054. RULES; FEES. The board shall adopt rules to | ||
| govern the packaging, labeling, and dispensing of aesthetic | ||
| pharmaceuticals under this subchapter. The board shall adopt | ||
| reasonable fees as necessary to implement this subchapter. A fee | ||
| adopted under this section may not exceed a fee adopted under | ||
| Section 554.006 for authorizing a pharmacist to dispense | ||
| pharmaceuticals. | ||
| Sec. 158.055. AESTHETIC PHARMACEUTICAL GROUP. The | ||
| aesthetic pharmaceutical group consists of: | ||
| (1) bimatoprost; | ||
| (2) hydroquinone; | ||
| (3) tretinoin; | ||
| (4) metronidazole; | ||
| (5) tazarotene; | ||
| (6) eflornithine; | ||
| (7) dapsone; | ||
| (8) salicylic acid; | ||
| (9) topical medications containing urea; | ||
| (10) mequinol; and | ||
| (11) resorcinol. | ||
| SECTION 4. 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 Section 158.003 and Subchapter B, | ||
| Chapter 158, without complying with the applicable laws relating to | ||
| the dangerous drugs. | ||
| SECTION 5. The Texas Medical Board shall adopt rules for the | ||
| implementation of Subchapter B, Chapter 158, Occupations Code, as | ||
| added by this Act, not later than January 1, 2018. | ||
| SECTION 6. (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, 2017. | ||
| (b) Sections 158.052 and 158.053, Occupations Code, as | ||
| added by this Act, take effect July 1, 2018. | ||
