Section 9.  Section 9(b) of chapter 94C, as so appearing, is hereby amended by inserting after the paragraph that begins “For the purposes of this section, ’therapeutic contact lenses’” the following paragraphs:

Notwithstanding any other provision of law, a physician may, when acting in accordance with applicable federal law and any provision of this chapter which is consistent with federal law and in good faith and in the practice of medicine, dispense and sell aesthetic pharmaceuticals directly to patients in amounts greater than necessary for immediate and proper treatment.  Prior to dispensing an aesthetic pharmaceutical to a patient, a physician must inform the patient of the option to fill the prescription for the aesthetic pharmaceutical at a pharmacy, if available.  Physicians dispensing aesthetic pharmaceuticals must comply with all applicable state and federal labeling and recordkeeping requirement.  Records maintained under this section must be accessible as provided under state and federal law. The department shall promulgate rules and regulation governing the dispensing and sale of aesthetic pharmaceuticals pursuant to this section.  

For purposes of this section “aesthetic pharmaceutical” shall mean, (i) bimatoprost, hydroquinone, metronidazole, and tretinoin, or (ii) a prescription medication that (A) is classified by the department as a schedule VI controlled substance; (B) has been registered with or approved by the federal Food and Drug Administration; and (C) is prescribed for the skin, the treatment of certain skin conditions, or the enhancement of a patient’s appearance.