Tex. HEALTH & SAFETY Code § 483.0001. SHORT TITLE.
This Act may be cited as the Texas Dangerous Drug Act.
Added by Acts 1993, 73rd Leg., ch. 789, Sec. 18, eff. Sept. 1, 1993.
DANGEROUS DRUGS
Tex. HEALTH & SAFETY Code ch. 483
in effectTex. HEALTH & SAFETY Code § 483.001. DEFINITIONS.
In this chapter:
(1) "Board" means the Texas State Board of Pharmacy.
(2) "Dangerous drug" means a device or a drug that is unsafe for self-medication and that is not included in Schedules I through V or Penalty Groups 1 through 4 of Chapter 481 (Texas Controlled Substances Act). The term includes a device or a drug that bears or is required to bear the legend:
(A) "Caution: federal law prohibits dispensing without prescription" or "Rx only" or another legend that complies with federal law; or
(B) "Caution: federal law restricts this drug to use by or on the order of a licensed veterinarian."
(3) "Deliver" means to sell, dispense, give away, or supply in any other manner.
(4) "Designated agent" means:
(A) a licensed nurse, physician assistant, pharmacist, or other individual designated by a practitioner to communicate prescription drug orders to a pharmacist;
(B) a licensed nurse, physician assistant, or pharmacist employed in a health care facility to whom the practitioner communicates a prescription drug order; or
(C) a registered nurse or physician assistant authorized by a practitioner to carry out a prescription drug order for dangerous drugs under Subchapter B , Chapter 157 , Occupations Code.
(5) "Dispense" means to prepare, package, compound, or label a dangerous drug in the course of professional practice for delivery under the lawful order of a practitioner to an ultimate user or the user's agent.
(6) "Manufacturer" means a person, other than a pharmacist, who manufactures dangerous drugs. The term includes a person who prepares dangerous drugs in dosage form by mixing, compounding, encapsulating, entableting, or any other process.
(7) "Patient" means:
(A) an individual for whom a dangerous drug is prescribed or to whom a dangerous drug is administered; or
(B) an owner or the agent of an owner of an animal for which a dangerous drug is prescribed or to which a dangerous drug is administered.
(8) "Person" includes an individual, corporation, partnership, and association.
(9) "Pharmacist" means a person licensed by the Texas State Board of Pharmacy to practice pharmacy.
(10) "Pharmacy" means a facility where prescription drug or medication orders are received, processed, dispensed, or distributed under this chapter, Chapter 481 of this code, and Subtitle J, Title 3, Occupations Code. The term does not include a narcotic drug treatment program that is regulated by Chapter 466 , Health and Safety Code.
(11) "Practice of pharmacy" means:
(A) provision of those acts or services necessary to provide pharmaceutical care;
(B) interpretation and evaluation of prescription drug orders or medication orders;
(C) participation in drug and device selection as authorized by law, drug administration, drug regimen review, or drug or drug-related research;
(D) provision of patient counseling;
(E) responsibility for:
(i) dispensing of prescription drug orders or distribution of medication orders in the patient's best interest;
(ii) compounding and labeling of drugs and devices, except labeling by a manufacturer, repackager, or distributor of nonprescription drugs and commercially packaged prescription drugs and devices;
(iii) proper and safe storage of drugs and devices; or
(iv) maintenance of proper records for drugs and devices. In this subdivision, "device" has the meaning assigned by Subtitle J, Title 3, Occupations Code; or
(F) performance of a specific act of drug therapy management for a patient delegated to a pharmacist by a written protocol from a physician licensed by the state under Subtitle B, Title 3, Occupations Code.
(12) "Practitioner" means:
(A) a person licensed by:
(i) the Texas Medical Board, State Board of Dental Examiners, Texas Optometry Board, or State Board of Veterinary Medical Examiners to prescribe and administer dangerous drugs; or
(ii) the Texas Department of Licensing and Regulation, with respect to podiatry, to prescribe and administer dangerous drugs;
(B) a person licensed by another state in a health field in which, under the laws of this state, a licensee may legally prescribe dangerous drugs;
(C) a person licensed in Canada or Mexico in a health field in which, under the laws of this state, a licensee may legally prescribe dangerous drugs; or
(D) an advanced practice registered nurse or physician assistant to whom a physician has delegated the authority to prescribe or order a drug or device under Section 157.0511 , 157.0512 , or 157.054 , Occupations Code.
(13) "Prescription" means an order from a practitioner, or an agent of the practitioner designated in writing as authorized to communicate prescriptions, or an order made in accordance with Subchapter B , Chapter 157 , Occupations Code, or Section 203.353 , Occupations Code, to a pharmacist for a dangerous drug to be dispensed that states:
(A) the date of the order's issue;
(B) the name and address of the patient;
(C) if the drug is prescribed for an animal, the species of the animal;
(D) the name and quantity of the drug prescribed;
(E) the directions for the use of the drug;
(F) the intended use of the drug unless the practitioner determines the furnishing of this information is not in the best interest of the patient;
(G) the name, address, and telephone number of the practitioner at the practitioner's usual place of business, legibly printed or stamped; and
(H) the name, address, and telephone number of the licensed midwife, registered nurse, or physician assistant, legibly printed or stamped, if signed by a licensed midwife, registered nurse, or physician assistant.
(14) "Warehouseman" means a person who stores dangerous drugs for others and who has no control over the disposition of the drugs except for the purpose of storage.
(15) "Wholesaler" means a person engaged in the business of distributing dangerous drugs to a person listed in Sections 483.041 (c)(1)-(6).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.03(h), 5.04(b), eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 14, Sec. 200, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 237, Sec. 10, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 588, Sec. 26, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 351, Sec. 29, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 789, Sec. 18, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 965, Sec. 6, 82, eff. June 16, 1995; Acts 1997, 75th Leg., ch. 1095, Sec. 18, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1180, Sec. 22, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 112, Sec. 6, eff. May 11, 2001; Acts 2001, 77th Leg., ch. 1254, Sec. 11, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1420, Sec. 14.795, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 88, Sec. 10, eff. May 20, 2003.
Acts 2013, 83rd Leg., R.S., Ch. 418 (S.B. 406 ), Sec. 24, eff. November 1, 2013.
Tex. HEALTH & SAFETY Code § 483.002. RULES.
The board may adopt rules for the proper administration and enforcement of this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Tex. HEALTH & SAFETY Code § 483.003. DEPARTMENT OF STATE HEALTH SERVICES HEARINGS REGARDING CERTAIN DANGEROUS DRUGS.
(a) The Department of State Health Services may hold public hearings in accordance with Chapter 2001 , Government Code, to determine whether there is compelling evidence that a dangerous drug has been abused, either by being prescribed for nontherapeutic purposes or by the ultimate user.
(b) On finding that a dangerous drug has been abused, the Department of State Health Services may limit the availability of the abused drug by permitting its dispensing only on the prescription of a practitioner described by Section 483.001 (12)(A), (B), or (D).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1180, Sec. 23, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 112, Sec. 7, eff. May 11, 2001.
Tex. HEALTH & SAFETY Code § 483.004. COMMISSIONER OF STATE HEALTH SERVICES EMERGENCY AUTHORITY RELATING TO DANGEROUS DRUGS.
If the commissioner of state health services has compelling evidence that an immediate danger to the public health exists as a result of the prescription of a dangerous drug by practitioners described by Section 483.001 (12)(C), the commissioner may use the commissioner's existing emergency authority to limit the availability of the drug by permitting its prescription only by practitioners described by Section 483.001 (12)(A), (B), or (D).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 2001, 77th Leg., ch. 112, Sec. 8, eff. May 11, 2001.
SUBCHAPTER B. DUTIES OF PHARMACISTS, PRACTITIONERS, AND OTHER PERSONS
Tex. HEALTH & SAFETY Code § 483.021. DETERMINATION BY PHARMACIST ON REQUEST TO DISPENSE DRUG.
(a) A pharmacist who is requested to dispense a dangerous drug under a prescription issued by a practitioner shall determine, in the exercise of the pharmacist's professional judgment, that the prescription is a valid prescription. A pharmacist may not dispense a dangerous drug if the pharmacist knows or should have known that the prescription was issued without a valid patient-practitioner relationship.
(b) A pharmacist who is requested to dispense a dangerous drug under a prescription issued by a therapeutic optometrist shall determine, in the exercise of the pharmacist's professional judgment, whether the prescription is for a dangerous drug that a therapeutic optometrist is authorized to prescribe under Section 351.358 , Occupations Code.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 588, Sec. 27, eff. Sept. 1, 1991; Acts 2001, 77th Leg., ch. 1254, Sec. 12, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1420, Sec. 14.796, eff. Sept. 1, 2001.
Tex. HEALTH & SAFETY Code § 483.022. PRACTITIONER'S DESIGNATED AGENT; PRACTITIONER'S RESPONSIBILITIES.
(a) A practitioner shall provide in writing the name of each designated agent as defined by Section 483.001 (4)(A) and (C), and the name of each healthcare facility which employs persons defined by Section 483.001 (4)(B).
(b) The practitioner shall maintain at the practitioner's usual place of business a list of the designated agents or healthcare facilities as defined by Section 483.001 (4).
(c) The practitioner shall provide a pharmacist with a copy of the practitioner's written authorization for a designated agent as defined by Section 483.001 (4) on the pharmacist's request.
(d) This section does not relieve a practitioner or the practitioner's designated agent from the requirements of Subchapter A , Chapter 562 , Occupations Code.
(e) A practitioner remains personally responsible for the actions of a designated agent who communicates a prescription to a pharmacist.
(f) A practitioner may designate a person who is a licensed vocational nurse or has an education equivalent to or greater than that required for a licensed vocational nurse to communicate prescriptions of an advanced practice nurse or physician assistant authorized by the practitioner to sign prescription drug orders under Subchapter B , Chapter 157 , Occupations Code.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 201, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 237, Sec. 11, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 789, Sec. 19, eff. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 428, Sec. 4, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1420, Sec. 14.797, eff. Sept. 1, 2001.
Tex. HEALTH & SAFETY Code § 483.023. RETENTION OF PRESCRIPTIONS.
A pharmacy shall retain a prescription for a dangerous drug dispensed by the pharmacy for two years after the date of the initial dispensing or the last refilling of the prescription, whichever date is later.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Tex. HEALTH & SAFETY Code § 483.024. RECORDS OF ACQUISITION OR DISPOSAL.
The following persons shall maintain a record of each acquisition and each disposal of a dangerous drug for two years after the date of the acquisition or disposal:
(1) a pharmacy;
(2) a practitioner;
(3) a person who obtains a dangerous drug for lawful research, teaching, or testing purposes, but not for resale;
(4) a hospital that obtains a dangerous drug for lawful administration by a practitioner; and
(5) a manufacturer or wholesaler licensed by the Department of State Health Services under Chapter 431 (Texas Food, Drug, and Cosmetic Act).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Tex. HEALTH & SAFETY Code § 483.025. INSPECTIONS; INVENTORIES.
A person required to keep records relating to dangerous drugs shall:
(1) make the records available for inspection and copying at all reasonable hours by any public official or employee engaged in enforcing this chapter; and
(2) allow the official or employee to inventory all stocks of dangerous drugs on hand.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
SUBCHAPTER C. CRIMINAL PENALTIES
Tex. HEALTH & SAFETY Code § 483.041. POSSESSION OF DANGEROUS DRUG.
(a) A person commits an offense if the person possesses a dangerous drug unless the person obtains the drug from a pharmacist acting in the manner described by Section 483.042 (a)(1) or a practitioner acting in the manner described by Section 483.042 (a)(2).
(b) Except as permitted by this chapter, a person commits an offense if the person possesses a dangerous drug for the purpose of selling the drug.
(c) Subsection (a) does not apply to the possession of a dangerous drug in the usual course of business or practice or in the performance of official duties by the following persons or an agent or employee of the person:
(1) a pharmacy licensed by the board;
(2) a practitioner;
(3) a person who obtains a dangerous drug for lawful research, teaching, or testing, but not for resale;
(4) a hospital that obtains a dangerous drug for lawful administration by a practitioner;
(5) an officer or employee of the federal, state, or local government;
(6) a manufacturer or wholesaler licensed by the Department of State Health Services under Chapter 431 (Texas Food, Drug, and Cosmetic Act);
(7) a carrier or warehouseman;
(8) a home and community support services agency licensed under and acting in accordance with Chapter 142 ;
(9) a licensed midwife who obtains oxygen for administration to a mother or newborn or who obtains a dangerous drug for the administration of prophylaxis to a newborn for the prevention of ophthalmia neonatorum in accordance with Section 203.353 , Occupations Code;
(10) a salvage broker or salvage operator licensed under Chapter 432 ; or
(11) a certified laser hair removal professional under Subchapter M , Chapter 401 , who possesses and uses a laser or pulsed light device approved by and registered with the Department of State Health Services and in compliance with department rules for the sole purpose of cosmetic nonablative hair removal.
(d) An offense under this section is a Class A misdemeanor.
(e) It is a defense to prosecution for an offense under Subsection (a) that the actor:
(1) was the first person to request emergency medical assistance in response to the possible overdose of another person and:
(A) made the request for medical assistance during an ongoing medical emergency;
(B) remained on the scene until the medical assistance arrived; and
(C) cooperated with medical assistance and law enforcement personnel; or
(2) was the victim of a possible overdose for which emergency medical assistance was requested, by the actor or by another person, during an ongoing medical emergency.
(f) The defense to prosecution provided by Subsection (e) is not available if:
(1) at the time the request for emergency medical assistance was made:
(A) a peace officer was in the process of arresting the actor or executing a search warrant describing the actor or the place from which the request for medical assistance was made; or
(B) the actor is committing another offense, other than an offense punishable under Section 481.115 (b), 481.1151 (b)(1), 481.116 (b), 481.1161 (b)(1) or (2), 481.117 (b), 481.118 (b), or 481.121 (b)(1) or (2), or an offense under Section 481.119 (b), 481.125 (a), or 485.031 (a);
(2) the actor has been previously convicted of or placed on deferred adjudication community supervision for an offense under this chapter or Chapter 481 or 485 ;
(3) the actor was acquitted in a previous proceeding in which the actor successfully established the defense under that subsection or Section 481.115 (g), 481.1151 (c), 481.116 (f), 481.1161 (c), 481.117 (f), 481.118 (f), 481.119 (c), 481.121 (c), 481.125 (g), or 485.031 (c); or
(4) at any time during the 18-month period preceding the date of the commission of the instant offense, the actor requested emergency medical assistance in response to the possible overdose of the actor or another person.
(g) The defense to prosecution provided by Subsection (e) does not preclude the admission of evidence obtained by law enforcement resulting from the request for emergency medical assistance if that evidence pertains to an offense for which the defense described by Subsection (e) is not available.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.03(f), eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 16, Sec. 2, eff. April 2, 1993; Acts 1993, 73rd Leg., ch. 789, Sec. 20, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 307, Sec. 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 318, Sec. 41, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1095, Sec. 19, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1129, Sec. 2, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 265, Sec. 9, eff. May 22, 2001; Acts 2001, 77th Leg., ch. 1420, Sec. 14.798, eff. Sept. 1, 2001.
Acts 2009, 81st Leg., R.S., Ch. 303 (H.B. 449 ), Sec. 2, eff. September 1, 2010.
Tex. HEALTH & SAFETY Code § 483.042. DELIVERY OR OFFER OF DELIVERY OF DANGEROUS DRUG.
(a) A person commits an offense if the person delivers or offers to deliver a dangerous drug:
(1) unless:
(A) the dangerous drug is delivered or offered for delivery by a pharmacist under:
(i) a prescription issued by a practitioner described by Section 483.001 (12)(A) or (B);
(ii) a prescription signed by a registered nurse or physician assistant in accordance with Subchapter B , Chapter 157 , Occupations Code; or
(iii) an original written prescription issued by a practitioner described by Section 483.001 (12)(C); and
(B) a label is attached to the immediate container in which the drug is delivered or offered to be delivered and the label contains the following information:
(i) the name and address of the pharmacy from which the drug is delivered or offered for delivery;
(ii) the date the prescription for the drug is dispensed;
(iii) the number of the prescription as filed in the prescription files of the pharmacy from which the prescription is dispensed;
(iv) the name of the practitioner who prescribed the drug and, if applicable, the name of the registered nurse or physician assistant who signed the prescription;
(v) the name of the patient and, if the drug is prescribed for an animal, a statement of the species of the animal; and
(vi) directions for the use of the drug as contained in the prescription; or
(2) unless:
(A) the dangerous drug is delivered or offered for delivery by:
(i) a practitioner in the course of practice; or
(ii) a registered nurse or physician assistant in the course of practice in accordance with Subchapter B , Chapter 157 , Occupations Code; and
(B) a label is attached to the immediate container in which the drug is delivered or offered to be delivered and the label contains the following information:
(i) the name and address of the practitioner who prescribed the drug, and if applicable, the name and address of the registered nurse or physician assistant;
(ii) the date the drug is delivered;
(iii) the name of the patient and, if the drug is prescribed for an animal, a statement of the species of the animal; and
(iv) the name of the drug, the strength of the drug, and directions for the use of the drug.
(b) Subsection (a) does not apply to the delivery or offer for delivery of a dangerous drug to a person listed in Section 483.041 (c) for use in the usual course of business or practice or in the performance of official duties by the person.
(c) Proof of an offer to sell a dangerous drug must be corroborated by a person other than the offeree or by evidence other than a statement by the offeree.
(d) An offense under this section is a state jail felony.
(e) The labeling provisions of Subsection (a) do not apply to a dangerous drug prescribed or dispensed for administration to a patient who is institutionalized. The board shall adopt rules for the labeling of such a drug.
(f) Provided all federal requirements are met, the labeling provisions of Subsection (a) do not apply to a dangerous drug prescribed or dispensed for administration to food production animals in an agricultural operation under a written medical directive or treatment guideline from a veterinarian licensed under Chapter 801 , Occupations Code.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.03(g), eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 287, Sec. 34, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 789, Sec. 21, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 900, Sec. 2.04, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 965, Sec. 7, eff. June 16, 1995; Acts 1997, 75th Leg., ch. 1180, Sec. 24, eff. Sept; 1, 1997; Acts 1999, 76th Leg., ch. 1404, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1420, Sec. 14.799, eff. Sept. 1, 2001.
Tex. HEALTH & SAFETY Code § 483.043. MANUFACTURE OF DANGEROUS DRUG.
(a) A person commits an offense if the person manufactures a dangerous drug and the person is not authorized by law to manufacture the drug.
(b) An offense under this section is a state jail felony.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.05, eff. Sept. 1, 1994.
Tex. HEALTH & SAFETY Code § 483.045. FORGING OR ALTERING PRESCRIPTION.
(a) A person commits an offense if the person:
(1) forges a prescription or increases the prescribed quantity of a dangerous drug in a prescription;
(2) issues a prescription bearing a forged or fictitious signature;
(3) obtains or attempts to obtain a dangerous drug by using a forged, fictitious, or altered prescription;
(4) obtains or attempts to obtain a dangerous drug by means of a fictitious or fraudulent telephone call; or
(5) possesses a dangerous drug obtained by a forged, fictitious, or altered prescription or by means of a fictitious or fraudulent telephone call.
(b) An offense under this section is a Class B misdemeanor unless it is shown on the trial of the defendant that the defendant has previously been convicted of an offense under this chapter, in which event the offense is a Class A misdemeanor.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Tex. HEALTH & SAFETY Code § 483.046. FAILURE TO RETAIN PRESCRIPTION.
(a) A pharmacist commits an offense if the pharmacist:
(1) delivers a dangerous drug under a prescription; and
(2) fails to retain the prescription as required by Section 483.023 .
(b) An offense under this section is a Class B misdemeanor unless it is shown on the trial of the defendant that the defendant has previously been convicted of an offense under this chapter, in which event the offense is a Class A misdemeanor.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Tex. HEALTH & SAFETY Code § 483.047. REFILLING PRESCRIPTION WITHOUT AUTHORIZATION.
(a) Except as authorized by Subsections (b) and (b-1), a pharmacist commits an offense if the pharmacist refills a prescription unless:
(1) the prescription contains an authorization by the practitioner for the refilling of the prescription, and the pharmacist refills the prescription in the manner provided by the authorization; or
(2) at the time of refilling the prescription, the pharmacist is authorized to do so by the practitioner who issued the prescription.
(b) A pharmacist may exercise his professional judgment in refilling a prescription for a dangerous drug without the authorization of the prescribing practitioner provided:
(1) failure to refill the prescription might result in an interruption of a therapeutic regimen or create patient suffering;
(2) either:
(A) a natural or manmade disaster has occurred which prohibits the pharmacist from being able to contact the practitioner; or
(B) the pharmacist is unable to contact the practitioner after reasonable effort;
(3) the quantity of drug dispensed does not exceed a 72-hour supply;
(4) the pharmacist informs the patient or the patient's agent at the time of dispensing that the refill is being provided without such authorization and that authorization of the practitioner is required for future refills; and
(5) the pharmacist informs the practitioner of the emergency refill at the earliest reasonable time.
(b-1) Notwithstanding Subsection (b), in the event of a natural or manmade disaster, a pharmacist may dispense not more than a 30-day supply of a dangerous drug without the authorization of the prescribing practitioner if:
(1) failure to refill the prescription might result in an interruption of a therapeutic regimen or create patient suffering;
(2) the natural or manmade disaster prohibits the pharmacist from being able to contact the practitioner;
(3) the governor has declared a state of disaster under Chapter 418 , Government Code; and
(4) the board, through the executive director, has notified pharmacies in this state that pharmacists may dispense up to a 30-day supply of a dangerous drug.
(b-2) The prescribing practitioner is not liable for an act or omission by a pharmacist in dispensing a dangerous drug under Subsection (b-1).
(c) An offense under this section is a Class B misdemeanor unless it is shown on the trial of the defendant that the defendant has previously been convicted under this chapter, in which event the offense is a Class A misdemeanor.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 789, Sec. 22, eff. Sept. 1, 1993.
Tex. HEALTH & SAFETY Code § 483.048. UNAUTHORIZED COMMUNICATION OF PRESCRIPTION.
(a) An agent of a practitioner commits an offense if the agent communicates by telephone a prescription unless the agent is designated in writing under Section 483.022 as authorized by the practitioner to communicate prescriptions by telephone.
(b) An offense under this section is a Class B misdemeanor unless it is shown on the trial of the defendant that the defendant has previously been convicted of an offense under this chapter, in which event the offense is a Class A misdemeanor.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Tex. HEALTH & SAFETY Code § 483.049. FAILURE TO MAINTAIN RECORDS.
(a) A person commits an offense if the person is required to maintain a record under Section 483.023 or 483.024 and the person fails to maintain the record in the manner required by those sections.
(b) An offense under this section is a Class B misdemeanor unless it is shown on the trial of the defendant that the defendant has previously been convicted of an offense under this chapter, in which event the offense is a Class A misdemeanor.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Tex. HEALTH & SAFETY Code § 483.050. REFUSAL TO PERMIT INSPECTION.
(a) A person commits an offense if the person is required to permit an inspection authorized by Section 483.025 and fails to permit the inspection in the manner required by that section.
(b) An offense under this section is a Class B misdemeanor unless it is shown on the trial of the defendant that the defendant has previously been convicted of an offense under this chapter, in which event the offense is a Class A misdemeanor.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Tex. HEALTH & SAFETY Code § 483.051. USING OR REVEALING TRADE SECRET.
(a) A person commits an offense if the person uses for the person's advantage or reveals to another person, other than to an officer or employee of the board or to a court in a judicial proceeding relevant to this chapter, information relating to dangerous drugs required to be kept under this chapter, if that information concerns a method or process subject to protection as a trade secret.
(b) An offense under this section is a Class B misdemeanor unless it is shown on the trial of the defendant that the defendant has previously been convicted of an offense under this chapter, in which event the offense is a Class A misdemeanor.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Tex. HEALTH & SAFETY Code § 483.052. VIOLATION OF OTHER PROVISION.
(a) A person commits an offense if the person violates a provision of this chapter other than a provision for which a specific offense is otherwise described by this chapter.
(b) An offense under this section is a Class B misdemeanor, unless it is shown on the trial of the defendant that the defendant has previously been convicted of an offense under this chapter, in which event the offense is a Class A misdemeanor.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Tex. HEALTH & SAFETY Code § 483.053. PREPARATORY OFFENSES.
Title 4, Penal Code, applies to an offense under this subchapter.
Added by Acts 1995, 74th Leg., ch. 318, Sec. 40, eff. Sept. 1, 1995.
SUBCHAPTER D. CRIMINAL AND CIVIL PROCEDURE
Tex. HEALTH & SAFETY Code § 483.071. EXCEPTIONS; BURDEN OF PROOF.
(a) In a complaint, information, indictment, or other action or proceeding brought for the enforcement of this chapter, the state is not required to negate an exception, excuse, proviso, or exemption contained in this chapter.
(b) The defendant has the burden of proving the exception, excuse, proviso, or exemption.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Tex. HEALTH & SAFETY Code § 483.072. UNCORROBORATED TESTIMONY.
A conviction under this chapter may be obtained on the uncorroborated testimony of a party to the offense.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Tex. HEALTH & SAFETY Code § 483.073. SEARCH WARRANT.
A peace officer may apply for a search warrant to search for dangerous drugs possessed in violation of this chapter. The peace officer must apply for and execute the search warrant in the manner prescribed by the Code of Criminal Procedure.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Tex. HEALTH & SAFETY Code § 483.074. SEIZURE AND DESTRUCTION.
(a) A dangerous drug that is manufactured, sold, or possessed in violation of this chapter is contraband and may be seized by an employee of the board or by a peace officer authorized to enforce this chapter and charged with that duty.
(b) If a dangerous drug is seized under Subsection (a), the board may direct an employee of the board or an authorized peace officer to destroy the drug. The employee or authorized peace officer directed to destroy the drug must act in the presence of another employee of the board or authorized peace officer and shall destroy the drug in any manner designated as appropriate by the board.
(c) Before the dangerous drug is destroyed, an inventory of the drug must be prepared. The inventory must be accompanied by a statement that the dangerous drug is being destroyed at the direction of the board, by an employee of the board or an authorized peace officer, and in the presence of another employee of the board or authorized peace officer. The statement must also contain the names of the persons in attendance at the time of destruction, state the capacity in which each of those persons acts, be signed by those persons, and be sworn to by those persons that the statement is correct. The statement shall be filed with the board.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 237, Sec. 12, eff. Sept. 1, 1991.
Tex. HEALTH & SAFETY Code § 483.075. INJUNCTION.
The board may institute an action in its own name to enjoin a violation of this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Tex. HEALTH & SAFETY Code § 483.076. LEGAL REPRESENTATION OF BOARD.
(a) If the board institutes a legal proceeding under this chapter, the board may be represented only by a county attorney, a district attorney, or the attorney general.
(b) The board may not employ private counsel in any legal proceeding instituted by or against the board under this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
SUBCHAPTER E. OPIOID ANTAGONISTS
Tex. HEALTH & SAFETY Code § 483.101. DEFINITIONS.
In this subchapter:
(1) "Emergency services personnel" includes firefighters, emergency medical services personnel as defined by Section 773.003 , emergency room personnel, and other individuals who, in the course and scope of employment or as a volunteer, provide services for the benefit of the general public during emergency situations.
(2) "Opioid antagonist" means any drug that binds to opioid receptors and blocks or otherwise inhibits the effects of opioids acting on those receptors.
(3) "Opioid-related drug overdose" means a condition, evidenced by symptoms such as extreme physical illness, decreased level of consciousness, constriction of the pupils, respiratory depression, or coma, that a layperson would reasonably believe to be the result of the consumption or use of an opioid.
(4) "Prescriber" means a person authorized by law to prescribe an opioid antagonist.
Added by Acts 2015, 84th Leg., R.S., Ch. 958 (S.B. 1462 ), Sec. 1, eff. September 1, 2015.
Tex. HEALTH & SAFETY Code § 483.102. PRESCRIPTION OF OPIOID ANTAGONIST; STANDING ORDER.
(a) A prescriber may, directly or by standing order, prescribe an opioid antagonist to:
(1) a person at risk of experiencing an opioid-related drug overdose; or
(2) a family member, friend, or other person in a position to assist a person described by Subdivision (1).
(b) A prescription issued under this section is considered as issued for a legitimate medical purpose in the usual course of professional practice.
(c) A prescriber who, acting in good faith with reasonable care, prescribes or does not prescribe an opioid antagonist is not subject to any criminal or civil liability or any professional disciplinary action for:
(1) prescribing or failing to prescribe the opioid antagonist; or
(2) if the prescriber chooses to prescribe an opioid antagonist, any outcome resulting from the eventual administration of the opioid antagonist.
Added by Acts 2015, 84th Leg., R.S., Ch. 958 (S.B. 1462 ), Sec. 1, eff. September 1, 2015.
Tex. HEALTH & SAFETY Code § 483.103. DISPENSING OF OPIOID ANTAGONIST.
(a) A pharmacist may dispense an opioid antagonist under a valid prescription to:
(1) a person at risk of experiencing an opioid-related drug overdose; or
(2) a family member, friend, or other person in a position to assist a person described by Subdivision (1).
(b) A prescription filled under this section is considered as filled for a legitimate medical purpose in the usual course of professional practice.
(c) A pharmacist who, acting in good faith and with reasonable care, dispenses or does not dispense an opioid antagonist under a valid prescription is not subject to any criminal or civil liability or any professional disciplinary action for:
(1) dispensing or failing to dispense the opioid antagonist; or
(2) if the pharmacist chooses to dispense an opioid antagonist, any outcome resulting from the eventual administration of the opioid antagonist.
Added by Acts 2015, 84th Leg., R.S., Ch. 958 (S.B. 1462 ), Sec. 1, eff. September 1, 2015.
Tex. HEALTH & SAFETY Code § 483.104. DISTRIBUTION OF OPIOID ANTAGONIST; STANDING ORDER.
A person or organization acting under a standing order issued by a prescriber may store an opioid antagonist and may distribute an opioid antagonist, provided the person or organization does not request or receive compensation for storage or distribution.
Added by Acts 2015, 84th Leg., R.S., Ch. 958 (S.B. 1462 ), Sec. 1, eff. September 1, 2015.
Tex. HEALTH & SAFETY Code § 483.105. POSSESSION OF OPIOID ANTAGONIST.
Any person may possess an opioid antagonist, regardless of whether the person holds a prescription for the opioid antagonist.
Added by Acts 2015, 84th Leg., R.S., Ch. 958 (S.B. 1462 ), Sec. 1, eff. September 1, 2015.
Tex. HEALTH & SAFETY Code § 483.106. ADMINISTRATION OF OPIOID ANTAGONIST.
(a) A person who, acting in good faith and with reasonable care, administers or does not administer an opioid antagonist to another person whom the person believes is suffering an opioid-related drug overdose is not subject to criminal prosecution, sanction under any professional licensing statute, or civil liability, for an act or omission resulting from the administration of or failure to administer the opioid antagonist.
(b) Emergency services personnel are authorized to administer an opioid antagonist to a person who appears to be suffering an opioid-related drug overdose, as clinically indicated.
Added by Acts 2015, 84th Leg., R.S., Ch. 958 (S.B. 1462 ), Sec. 1, eff. September 1, 2015.
Tex. HEALTH & SAFETY Code § 483.107. CONFLICT OF LAW.
To the extent of a conflict between this subchapter and another law, this subchapter controls.
Added by Acts 2015, 84th Leg., R.S., Ch. 958 (S.B. 1462 ), Sec. 1, eff. September 1, 2015.