CHAPTER 481. TEXAS CONTROLLED SUBSTANCES ACT

Statutes > Texas Statutes > HEALTH AND SAFETY CODE > TITLE 6. FOOD, DRUGS, ALCOHOL, AND HAZARDOUS SUBSTANCES > CHAPTER 481. TEXAS CONTROLLED SUBSTANCES ACT

HEALTH AND SAFETY CODE

TITLE 6. FOOD, DRUGS, ALCOHOL, AND HAZARDOUS SUBSTANCES

SUBTITLE C. SUBSTANCE ABUSE REGULATION AND CRIMES

CHAPTER 481. TEXAS CONTROLLED SUBSTANCES ACT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 481.001. SHORT TITLE. This chapter may be cited as the

Texas Controlled Substances Act.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 481.002. DEFINITIONS. In this chapter:

(1) "Administer" means to directly apply a controlled substance

by injection, inhalation, ingestion, or other means to the body

of a patient or research subject by:

(A) a practitioner or an agent of the practitioner in the

presence of the practitioner; or

(B) the patient or research subject at the direction and in the

presence of a practitioner.

(2) "Agent" means an authorized person who acts on behalf of or

at the direction of a manufacturer, distributor, or dispenser.

The term does not include a common or contract carrier, public

warehouseman, or employee of a carrier or warehouseman acting in

the usual and lawful course of employment.

(3) "Commissioner" means the commissioner of public health or

the commissioner's designee.

(4) "Controlled premises" means:

(A) a place where original or other records or documents

required under this chapter are kept or are required to be kept;

(B) a place, including a factory, warehouse, other

establishment, or conveyance, where a person registered under

this chapter may lawfully hold, manufacture, distribute,

dispense, administer, possess, or otherwise dispose of a

controlled substance or other item governed by this chapter,

including a chemical precursor and a chemical laboratory

apparatus.

(5) "Controlled substance" means a substance, including a drug,

an adulterant, and a dilutant, listed in Schedules I through V or

Penalty Groups 1, 1-A, or 2 through 4. The term includes the

aggregate weight of any mixture, solution, or other substance

containing a controlled substance.

(6) "Controlled substance analogue" means:

(A) a substance with a chemical structure substantially similar

to the chemical structure of a controlled substance in Schedule I

or II or Penalty Group 1, 1-A, or 2; or

(B) a substance specifically designed to produce an effect

substantially similar to, or greater than, the effect of a

controlled substance in Schedule I or II or Penalty Group 1, 1-A,

or 2.

(7) "Counterfeit substance" means a controlled substance that,

without authorization, bears or is in a container or has a label

that bears an actual or simulated trademark, trade name, or other

identifying mark, imprint, number, or device of a manufacturer,

distributor, or dispenser other than the person who in fact

manufactured, distributed, or dispensed the substance.

(8) "Deliver" means to transfer, actually or constructively, to

another a controlled substance, counterfeit substance, or drug

paraphernalia, regardless of whether there is an agency

relationship. The term includes offering to sell a controlled

substance, counterfeit substance, or drug paraphernalia.

(9) "Delivery" or "drug transaction" means the act of

delivering.

(10) "Designated agent" means an individual designated under

Section 481.073 to communicate a practitioner's instructions to a

pharmacist.

(11) "Director" means the director of the Department of Public

Safety or an employee of the department designated by the

director.

(12) "Dispense" means the delivery of a controlled substance in

the course of professional practice or research, by a

practitioner or person acting under the lawful order of a

practitioner, to an ultimate user or research subject. The term

includes the prescribing, administering, packaging, labeling, or

compounding necessary to prepare the substance for delivery.

(13) "Dispenser" means a practitioner, institutional

practitioner, pharmacist, or pharmacy that dispenses a controlled

substance.

(14) "Distribute" means to deliver a controlled substance other

than by administering or dispensing the substance.

(15) "Distributor" means a person who distributes.

(16) "Drug" means a substance, other than a device or a

component, part, or accessory of a device, that is:

(A) recognized as a drug in the official United States

Pharmacopoeia, official Homeopathic Pharmacopoeia of the United

States, official National Formulary, or a supplement to either

pharmacopoeia or the formulary;

(B) intended for use in the diagnosis, cure, mitigation,

treatment, or prevention of disease in man or animals;

man or animals but is not food; or

(D) intended for use as a component of a substance described by

Paragraph (A), (B), or (C).

(17) "Drug paraphernalia" means equipment, a product, or

material that is used or intended for use in planting,

propagating, cultivating, growing, harvesting, manufacturing,

compounding, converting, producing, processing, preparing,

testing, analyzing, packaging, repackaging, storing, containing,

or concealing a controlled substance in violation of this chapter

or in injecting, ingesting, inhaling, or otherwise introducing

into the human body a controlled substance in violation of this

chapter. The term includes:

(A) a kit used or intended for use in planting, propagating,

cultivating, growing, or harvesting a species of plant that is a

controlled substance or from which a controlled substance may be

derived;

(B) a material, compound, mixture, preparation, or kit used or

intended for use in manufacturing, compounding, converting,

producing, processing, or preparing a controlled substance;

increasing the potency of a species of plant that is a controlled

substance;

(D) testing equipment used or intended for use in identifying or

in analyzing the strength, effectiveness, or purity of a

controlled substance;

(E) a scale or balance used or intended for use in weighing or

measuring a controlled substance;

(F) a dilutant or adulterant, such as quinine hydrochloride,

mannitol, inositol, nicotinamide, dextrose, lactose, or

absorbent, blotter-type material, that is used or intended to be

used to increase the amount or weight of or to transfer a

controlled substance regardless of whether the dilutant or

adulterant diminishes the efficacy of the controlled substance;

(G) a separation gin or sifter used or intended for use in

removing twigs and seeds from or in otherwise cleaning or

refining marihuana;

(H) a blender, bowl, container, spoon, or mixing device used or

intended for use in compounding a controlled substance;

(I) a capsule, balloon, envelope, or other container used or

intended for use in packaging small quantities of a controlled

substance;

(J) a container or other object used or intended for use in

storing or concealing a controlled substance;

(K) a hypodermic syringe, needle, or other object used or

intended for use in parenterally injecting a controlled substance

into the human body; and

(L) an object used or intended for use in ingesting, inhaling,

or otherwise introducing marihuana, cocaine, hashish, or hashish

oil into the human body, including:

(i) a metal, wooden, acrylic, glass, stone, plastic, or ceramic

pipe with or without a screen, permanent screen, hashish head, or

punctured metal bowl;

(ii) a water pipe;

(iii) a carburetion tube or device;

(iv) a smoking or carburetion mask;

(v) a chamber pipe;

(vi) a carburetor pipe;

(vii) an electric pipe;

(viii) an air-driven pipe;

(ix) a chillum;

(x) a bong; or

(xi) an ice pipe or chiller.

(18) "Federal Controlled Substances Act" means the Federal

Comprehensive Drug Abuse Prevention and Control Act of 1970 (21

U.S.C. Section 801 et seq.) or its successor statute.

(19) "Federal Drug Enforcement Administration" means the Drug

Enforcement Administration of the United States Department of

Justice or its successor agency.

(20) "Hospital" means:

(A) a general or special hospital as defined by Section 241.003

(Texas Hospital Licensing Law); or

(B) an ambulatory surgical center licensed by the Texas

Department of Health and approved by the federal government to

perform surgery paid by Medicaid on patients admitted for a

period of not more than 24 hours.

(21) "Human consumption" means the injection, inhalation,

ingestion, or application of a substance to or into a human body.

(22) "Immediate precursor" means a substance the director finds

to be and by rule designates as being:

(A) a principal compound commonly used or produced primarily for

use in the manufacture of a controlled substance;

(B) a substance that is an immediate chemical intermediary used

or likely to be used in the manufacture of a controlled

substance; and

curtail, or limit the manufacture of a controlled substance.

(23) "Institutional practitioner" means an intern, resident

physician, fellow, or person in an equivalent professional

position who:

(A) is not licensed by the appropriate state professional

licensing board;

(B) is enrolled in a bona fide professional training program in

a base hospital or institutional training facility registered by

the Federal Drug Enforcement Administration; and

facility to administer, dispense, or prescribe controlled

substances.

(24) "Lawful possession" means the possession of a controlled

substance that has been obtained in accordance with state or

federal law.

(25) "Manufacture" means the production, preparation,

propagation, compounding, conversion, or processing of a

controlled substance other than marihuana, directly or indirectly

by extraction from substances of natural origin, independently by

means of chemical synthesis, or by a combination of extraction

and chemical synthesis, and includes the packaging or repackaging

of the substance or labeling or relabeling of its container.

However, the term does not include the preparation, compounding,

packaging, or labeling of a controlled substance:

(A) by a practitioner as an incident to the practitioner's

administering or dispensing a controlled substance in the course

of professional practice; or

(B) by a practitioner, or by an authorized agent under the

supervision of the practitioner, for or as an incident to

research, teaching, or chemical analysis and not for delivery.

(26) "Marihuana" means the plant Cannabis sativa L., whether

growing or not, the seeds of that plant, and every compound,

manufacture, salt, derivative, mixture, or preparation of that

plant or its seeds. The term does not include:

(A) the resin extracted from a part of the plant or a compound,

manufacture, salt, derivative, mixture, or preparation of the

resin;

(B) the mature stalks of the plant or fiber produced from the

stalks;

(D) a compound, manufacture, salt, derivative, mixture, or

preparation of the mature stalks, fiber, oil, or cake; or

(E) the sterilized seeds of the plant that are incapable of

beginning germination.

(27) "Medical purpose" means the use of a controlled substance

for relieving or curing a mental or physical disease or

infirmity.

(28) "Medication order" means an order from a practitioner to

dispense a drug to a patient in a hospital for immediate

administration while the patient is in the hospital or for

emergency use on the patient's release from the hospital.

(29) "Narcotic drug" means any of the following, produced

directly or indirectly by extraction from substances of vegetable

origin, independently by means of chemical synthesis, or by a

combination of extraction and chemical synthesis:

(A) opium and opiates, and a salt, compound, derivative, or

preparation of opium or opiates;

(B) a salt, compound, isomer, derivative, or preparation of a

salt, compound, isomer, or derivative that is chemically

equivalent or identical to a substance listed in Paragraph (A)

other than the isoquinoline alkaloids of opium;

(D) cocaine, including:

(i) its salts, its optical, position, or geometric isomers, and

the salts of those isomers;

(ii) coca leaves and a salt, compound, derivative, or

preparation of coca leaves; and

(iii) a salt, compound, derivative, or preparation of a salt,

compound, or derivative that is chemically equivalent or

identical to a substance described by Subparagraph (i) or (ii),

other than decocainized coca leaves or extractions of coca leaves

that do not contain cocaine or ecgonine.

(30) "Opiate" means a substance that has an addiction-forming or

addiction-sustaining liability similar to morphine or is capable

of conversion into a drug having addiction-forming or

addiction-sustaining liability. The term includes its racemic and

levorotatory forms. The term does not include, unless

specifically designated as controlled under Subchapter B, the

dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its

salts (dextromethorphan).

(31) "Opium poppy" means the plant of the species Papaver

somniferum L., other than its seeds.

(32) "Patient" means a human for whom or an animal for which a

drug is administered, dispensed, delivered, or prescribed by a

practitioner.

(33) "Person" means an individual, corporation, government,

business trust, estate, trust, partnership, association, or any

other legal entity.

(34) "Pharmacist" means a person licensed by the Texas State

Board of Pharmacy to practice pharmacy and who acts as an agent

for a pharmacy.

(35) "Pharmacist-in-charge" means the pharmacist designated on a

pharmacy license as the pharmacist who has the authority or

responsibility for the pharmacy's compliance with this chapter

and other laws relating to pharmacy.

(36) "Pharmacy" means a facility licensed by the Texas State

Board of Pharmacy where a prescription for a controlled substance

is received or processed in accordance with state or federal law.

(37) "Poppy straw" means all parts, other than the seeds, of the

opium poppy, after mowing.

(38) "Possession" means actual care, custody, control, or

management.

(39) "Practitioner" means:

(A) a physician, dentist, veterinarian, podiatrist, scientific

investigator, or other person licensed, registered, or otherwise

permitted to distribute, dispense, analyze, conduct research with

respect to, or administer a controlled substance in the course of

professional practice or research in this state;

(B) a pharmacy, hospital, or other institution licensed,

registered, or otherwise permitted to distribute, dispense,

conduct research with respect to, or administer a controlled

substance in the course of professional practice or research in

this state;

physician, dentist, veterinarian, or podiatrist, having a current

Federal Drug Enforcement Administration registration number, who

may legally prescribe Schedule II, III, IV, or V controlled

substances in that state; or

(D) an advanced practice nurse or physician assistant to whom a

physician has delegated the authority to carry out or sign

prescription drug orders under Section 157.0511, 157.052,

157.053, 157.054, 157.0541, or 157.0542, Occupations Code.

(40) "Prescribe" means the act of a practitioner to authorize a

controlled substance to be dispensed to an ultimate user.

(41) "Prescription" means an order by a practitioner to a

pharmacist for a controlled substance for a particular patient

that specifies:

(A) the date of issue;

(B) the name and address of the patient or, if the controlled

substance is prescribed for an animal, the species of the animal

and the name and address of its owner;

with the quantity shown numerically followed by the number

written as a word if the order is written or, if the order is

communicated orally or telephonically, with the quantity given by

the practitioner and transcribed by the pharmacist numerically;

(D) directions for the use of the drug;

(E) the intended use of the drug unless the practitioner

determines the furnishing of this information is not in the best

interest of the patient; and

(F) the legibly printed or stamped name, address, Federal Drug

Enforcement Administration registration number, and telephone

number of the practitioner at the practitioner's usual place of

business.

(42) "Principal place of business" means a location where a

person manufactures, distributes, dispenses, analyzes, or

possesses a controlled substance. The term does not include a

location where a practitioner dispenses a controlled substance on

an outpatient basis unless the controlled substance is stored at

that location.

(43) "Production" includes the manufacturing, planting,

cultivating, growing, or harvesting of a controlled substance.

(44) "Raw material" means a compound, material, substance, or

equipment used or intended for use, alone or in any combination,

in manufacturing a controlled substance.

(45) "Registrant" means a person who is registered under Section

481.063.

(46) "Substitution" means the dispensing of a drug or a brand of

drug other than that which is ordered or prescribed.

(47) "Official prescription form" means a prescription form that

contains the prescription information required by Section

481.075.

(48) "Ultimate user" means a person who has lawfully obtained

and possesses a controlled substance for the person's own use,

for the use of a member of the person's household, or for

administering to an animal owned by the person or by a member of

the person's household.

(49) "Adulterant or dilutant" means any material that increases

the bulk or quantity of a controlled substance, regardless of its

effect on the chemical activity of the controlled substance.

(50) "Abuse unit" means:

(A) except as provided by Paragraph (B):

(i) a single unit on or in any adulterant, dilutant, or similar

carrier medium, including marked or perforated blotter paper, a

tablet, gelatin wafer, sugar cube, or stamp, or other medium that

contains any amount of a controlled substance listed in Penalty

Group 1-A, if the unit is commonly used in abuse of that

substance; or

(ii) each quarter-inch square section of paper, if the

adulterant, dilutant, or carrier medium is paper not marked or

perforated into individual abuse units; or

(B) if the controlled substance is in liquid form, 40 micrograms

of the controlled substance including any adulterant or dilutant.

(51) "Chemical precursor" means:

(A) Methylamine;

(B) Ethylamine;

(D) Ergotamine tartrate;

(E) Diethyl malonate;

(F) Malonic acid;

(G) Ethyl malonate;

(H) Barbituric acid;

(I) Piperidine;

(J) N-acetylanthranilic acid;

(K) Pyrrolidine;

(L) Phenylacetic acid;

(M) Anthranilic acid;

(N) Ephedrine;

(O) Pseudoephedrine;

(P) Norpseudoephedrine; or

(Q) Phenylpropanolamine.

(52) "Department" means the Department of Public Safety.

(53) "Chemical laboratory apparatus" means any item of equipment

designed, made, or adapted to manufacture a controlled substance

or a controlled substance analogue, including:

(A) a condenser;

(B) a distilling apparatus;

(D) a three-neck or distilling flask;

(E) a tableting machine;

(F) an encapsulating machine;

(G) a filter, Buchner, or separatory funnel;

(H) an Erlenmeyer, two-neck, or single-neck flask;

(I) a round-bottom, Florence, thermometer, or filtering flask;

(J) a Soxhlet extractor;

(K) a transformer;

(L) a flask heater;

(M) a heating mantel; or

(N) an adaptor tube.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.02(b), eff.

Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 351, Sec. 27, eff. Sept.

1, 1993; Acts 1993, 73rd Leg., ch. 789, Sec. 15, eff. Sept. 1,

1993; Acts 1993, 73rd Leg., ch. 900, Sec. 2.01, eff. Sept. 1,

1994; Acts 1997, 75th Leg., ch. 745, Sec. 1, 2, eff. Jan. 1,

1998; Acts 1999, 76th Leg., ch. 145, Sec. 1, 5(1), eff. Sept. 1,

1999; Acts 2001, 77th Leg., ch. 251, Sec. 1, eff. Sept. 1, 2001;

Acts 2001, 77th Leg., ch. 1188, Sec. 1, eff. Sept. 1, 2001; Acts

2003, 78th Leg., ch. 88, Sec. 9, eff. May 20, 2003; Acts 2003,

78th Leg., ch. 1099, Sec. 4, eff. Sept. 1, 2003.

Sec. 481.003. RULES. (a) The director may adopt rules to

administer and enforce this chapter.

(b) The director by rule shall prohibit a person in this state,

including a person regulated by the Texas Department of Insurance

under the Insurance Code or the other insurance laws of this

state, from using a practitioner's Federal Drug Enforcement

Administration number for a purpose other than a purpose

described by federal law or by this chapter. A person who

violates a rule adopted under this subsection commits a Class C

misdemeanor.

Added by Acts 1997, 75th Leg., ch. 745, Sec. 3, eff. Jan. 1,

1998. Amended by Acts 1999, 76th Leg., ch. 1266, Sec. 1, eff.

Sept. 1, 1999.

SUBCHAPTER B. SCHEDULES

Sec. 481.031. NOMENCLATURE. Controlled substances listed in

Schedules I through V and Penalty Groups 1 through 4 are included

by whatever official, common, usual, chemical, or trade name they

may be designated.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1997, 75th Leg., ch. 745, Sec. 4, eff. Jan. 1,

1998.

Sec. 481.032. SCHEDULES. (a) The commissioner shall establish

and modify the following schedules of controlled substances under

this subchapter: Schedule I, Schedule II, Schedule III, Schedule

IV, and Schedule V.

(b) A reference to a schedule in this chapter means the most

current version of the schedule established or altered by the

commissioner under this subchapter and published in the Texas

Added by Acts 1997, 75th Leg., ch. 745, Sec. 4, eff. Jan. 1,

1998. Amended by Acts 2001, 77th Leg., ch. 251, Sec. 2, eff.

Sept. 1, 2001.

Sec. 481.033. EXCLUSION FROM SCHEDULES AND APPLICATION OF ACT.

(a) A nonnarcotic substance is excluded from Schedules I through

V if the substance may lawfully be sold over the counter without

a prescription, under the Federal Food, Drug, and Cosmetic Act

(21 U.S.C. Section 301 et seq.).

(b) The commissioner may not include in the schedules:

(1) a substance described by Subsection (a); or

(2) distilled spirits, wine, malt beverages, or tobacco.

substance listed in Schedule II and having a potential for abuse

associated with a stimulant effect on the central nervous system

is excepted from the application of this chapter if the compound,

mixture, or preparation contains one or more active medicinal

ingredients not having a stimulant effect on the central nervous

system and if the admixtures are included in combinations,

quantity, proportions, or concentrations that vitiate the

potential for abuse of the substance having a stimulant effect on

the central nervous system.

(d) A compound, mixture, or preparation containing a depressant

substance listed in Schedule III or IV and having a potential for

abuse associated with a depressant effect on the central nervous

system is excepted from the application of this chapter if the

compound, mixture, or preparation contains one or more active

medicinal ingredients not having a depressant effect on the

central nervous system and if the admixtures are included in

combinations, quantity, proportions, or concentrations that

vitiate the potential for abuse of the substance having a

depressant effect on the central nervous system.

(e) A nonnarcotic prescription substance is exempted from

Schedules I through V and the application of this chapter to the

same extent that the substance has been exempted from the

application of the Federal Controlled Substances Act, if the

substance is listed as an exempt prescription product under 21

C.F.R. Section 1308.32 and its subsequent amendments.

(f) A chemical substance that is intended for laboratory,

industrial, educational, or special research purposes and not for

general administration to a human being or other animal is

exempted from Schedules I through V and the application of this

chapter to the same extent that the substance has been exempted

from the application of the Federal Controlled Substances Act, if

the substance is listed as an exempt chemical preparation under

21 C.F.R. Section 1308.24 and its subsequent amendments.

(g) An anabolic steroid product, which has no significant

potential for abuse due to concentration, preparation, mixture,

or delivery system, is exempted from Schedules I through V and

the application of this chapter to the same extent that the

substance has been exempted from the application of the Federal

Controlled Substances Act, if the substance is listed as an

exempt anabolic steroid product under 21 C.F.R. Section 1308.34

and its subsequent amendments.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1993, 73rd Leg., ch. 532, Sec. 1, eff. Sept. 1,

1993. Renumbered from Health & Safety Code Sec. 481.037 and

amended by Acts 1997, 75th Leg., ch. 745, Sec. 4, eff. Jan. 1,

1998.

Sec. 481.034. ESTABLISHMENT AND MODIFICATION OF SCHEDULES BY

COMMISSIONER. (a) The commissioner shall annually establish the

schedules of controlled substances. These annual schedules shall

include the complete list of all controlled substances from the

previous schedules and modifications in the federal schedules of

controlled substances as required by Subsection (g). Any further

additions to and deletions from these schedules, any rescheduling

of substances and any other modifications made by the

commissioner to these schedules of controlled substances shall be

made:

(1) in accordance with Section 481.035;

(2) in a manner consistent with this subchapter; and

(3) with approval of the Texas Board of Health.

(b) Except for alterations in schedules required by Subsection

(g), the commissioner may not make an alteration in a schedule

unless the commissioner holds a public hearing on the matter in

Austin and obtains approval from the Texas Board of Health.

(1) add a substance to the schedules if the substance has been

deleted from the schedules by the legislature;

(2) delete a substance from the schedules if the substance has

been added to the schedules by the legislature; or

(3) reschedule a substance if the substance has been placed in a

schedule by the legislature.

(d) In making a determination regarding a substance, the

commissioner shall consider:

(1) the actual or relative potential for its abuse;

(2) the scientific evidence of its pharmacological effect, if

known;

(3) the state of current scientific knowledge regarding the

substance;

(4) the history and current pattern of its abuse;

(5) the scope, duration, and significance of its abuse;

(6) the risk to the public health;

(7) the potential of the substance to produce psychological or

physiological dependence liability; and

(8) whether the substance is a controlled substance analogue,

chemical precursor, or an immediate precursor of a substance

controlled under this chapter.

(e) After considering the factors listed in Subsection (d), the

commissioner shall make findings with respect to those factors

and adopt a rule controlling the substance if the commissioner

finds the substance has a potential for abuse.

(f) Repealed by Acts 2003, 78th Leg., ch. 1099, Sec. 17.

(g) Except as otherwise provided by this subsection, if a

substance is designated, rescheduled, or deleted as a controlled

substance under federal law and notice of that fact is given to

the commissioner, the commissioner similarly shall control the

substance under this chapter. After the expiration of a 30-day

period beginning on the day after the date of publication in the

Federal Register of a final order designating a substance as a

controlled substance or rescheduling or deleting a substance, the

commissioner similarly shall designate, reschedule, or delete the

substance, unless the commissioner objects during the period. If

the commissioner objects, the commissioner shall publish the

reasons for the objection and give all interested parties an

opportunity to be heard. At the conclusion of the hearing, the

commissioner shall publish a decision, which is final unless

altered by statute. On publication of an objection by the

commissioner, control as to that particular substance under this

chapter is stayed until the commissioner publishes the

commissioner's decision.

(h) Not later than the 10th day after the date on which the

commissioner designates, deletes, or reschedules a substance

under Subsection (a), the commissioner shall give written notice

of that action to the director and to each state licensing agency

having jurisdiction over practitioners.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Renumbered from Health & Safety Code Sec. 481.038 and amended

by Acts 1997, 75th Leg., ch. 745, Sec. 4, eff. Jan. 1, 1998; Acts

2003, 78th Leg., ch. 1099, Sec. 5, 17, eff. Sept. 1, 2003.

Sec. 481.035. FINDINGS. (a) The commissioner shall place a

substance in Schedule I if the commissioner finds that the

substance:

(1) has a high potential for abuse; and

(2) has no accepted medical use in treatment in the United

States or lacks accepted safety for use in treatment under

medical supervision.

(b) The commissioner shall place a substance in Schedule II if

the commissioner finds that:

(1) the substance has a high potential for abuse;

(2) the substance has currently accepted medical use in

treatment in the United States; and

(3) abuse of the substance may lead to severe psychological or

physical dependence.

the commissioner finds that:

(1) the substance has a potential for abuse less than that of

the substances listed in Schedules I and II;

(2) the substance has currently accepted medical use in

treatment in the United States; and

(3) abuse of the substance may lead to moderate or low physical

dependence or high psychological dependence.

(d) The commissioner shall place a substance in Schedule IV if

the commissioner finds that:

(1) the substance has a lower potential for abuse than that of

the substances listed in Schedule III;

(2) the substance has currently accepted medical use in

treatment in the United States; and

(3) abuse of the substance may lead to a more limited physical

or psychological dependence than that of the substances listed in

Schedule III.

(e) The commissioner shall place a substance in Schedule V if

the commissioner finds that the substance:

(1) has a lower potential for abuse than that of the substances

listed in Schedule IV;

(2) has currently accepted medical use in treatment in the

United States; and

(3) may lead to a more limited physical or psychological

dependence liability than that of the substances listed in

Schedule IV.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Renumbered from Health & Safety Code Sec. 481.039 and amended

by Acts 1997, 75th Leg., ch. 745, Sec. 4, eff. Jan. 1, 1998.

Sec. 481.036. PUBLICATION OF SCHEDULES. (a) The commissioner

shall publish the schedules by filing a certified copy of the

schedules with the secretary of state for publication in the

Texas Register not later than the fifth working day after the

date the commissioner takes action under this subchapter.

(b) Each published schedule must show changes, if any, made in

the schedule since its latest publication.

schedule under this subchapter may take effect not earlier than

the 21st day after the date on which the schedule or modification

is published in the Texas Register unless an emergency exists

that necessitates earlier action to avoid an imminent hazard to

the public safety.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Renumbered from Health & Safety Code Sec. 481.040 and amended

by Acts 1997, 75th Leg., ch. 745, Sec. 4, eff. Jan. 1, 1998.

Sec. 481.037. CARISOPRODOL. Schedule IV includes carisoprodol.

Added by Acts 2009, 81st Leg., R.S., Ch.

774, Sec. 4, eff. June 19, 2009.

SUBCHAPTER C. REGULATION OF MANUFACTURE, DISTRIBUTION, AND

DISPENSATION OF CONTROLLED SUBSTANCES, CHEMICAL PRECURSORS, AND

CHEMICAL LABORATORY APPARATUS

Sec. 481.061. REGISTRATION REQUIRED. (a) Except as otherwise

provided by this chapter, a person who is not a registrant may

not manufacture, distribute, prescribe, possess, analyze, or

dispense a controlled substance in this state.

(b) A person who is registered by the director to manufacture,

distribute, analyze, dispense, or conduct research with a

controlled substance may possess, manufacture, distribute,

analyze, dispense, or conduct research with that substance to the

extent authorized by the person's registration and in conformity

with this chapter.

of business or professional practice where the applicant

manufactures, distributes, analyzes, dispenses, or possesses a

controlled substance. However, the director may not require

separate registration for a practitioner engaged in research with

a nonnarcotic controlled substance listed in Schedules II through

V if the registrant is already registered under this subchapter

in another capacity.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1997, 75th Leg., ch. 745, Sec. 5, eff. Jan. 1,

1998.

Sec. 481.062. EXEMPTIONS. (a) The following persons are not

required to register and may possess a controlled substance under

this chapter:

(1) an agent or employee of a registered manufacturer,

distributor, analyzer, or dispenser of the controlled substance

acting in the usual course of business or employment;

(2) a common or contract carrier, a warehouseman, or an employee

of a carrier or warehouseman whose possession of the controlled

substance is in the usual course of business or employment;

(3) an ultimate user or a person in possession of the controlled

substance under a lawful order of a practitioner or in lawful

possession of the controlled substance if it is listed in

Schedule V;

(4) an officer or employee of this state, another state, a

political subdivision of this state or another state, or the

United States who is lawfully engaged in the enforcement of a law

relating to a controlled substance or drug or to a customs law

and authorized to possess the controlled substance in the

discharge of the person's official duties; or

(5) if the substance is tetrahydrocannabinol or one of its

derivatives:

(A) a Texas Department of Health official, a medical school

researcher, or a research program participant possessing the

substance as authorized under Subchapter G; or

(B) a practitioner or an ultimate user possessing the substance

as a participant in a federally approved therapeutic research

program that the commissioner has reviewed and found, in writing,

to contain a medically responsible research protocol.

(b) The director by rule may waive the requirement for

registration of certain manufacturers, distributors, or

dispensers if the director finds it consistent with the public

health and safety and if the attorney general of the United

States has issued a similar waiver under the Federal Controlled

Substances Act.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1997, 75th Leg., ch. 745, Sec. 6, eff. Jan. 1,

1998; Acts 2001, 77th Leg., ch. 251, Sec. 3, eff. Sept. 1, 2001;

Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(79), eff. Sept. 1,

2001.

Sec. 481.0621. EXCEPTIONS. (a) This subchapter does not apply

to an educational or research program of a school district or a

public or private institution of higher education. This

subchapter does not apply to a manufacturer, wholesaler,

retailer, or other person who sells, transfers, or furnishes

materials covered by this subchapter to those educational or

research programs.

(b) The department and the Texas Higher Education Coordinating

Board shall adopt a memorandum of understanding that establishes

the responsibilities of the board, the department, and the public

or private institutions of higher education in implementing and

maintaining a program for reporting information concerning

controlled substances, controlled substance analogues, chemical

precursors, and chemical laboratory apparatus used in educational

or research activities of institutions of higher education.

memorandum of understanding that establishes the responsibilities

of the agency, the department, and school districts in

implementing and maintaining a program for reporting information

concerning controlled substances, controlled substance analogues,

chemical precursors, and chemical laboratory apparatus used in

educational or research activities of those schools and school

districts.

Added by Acts 1989, 71st Leg., ch. 1100, Sec. 5.02(e), eff. Sept.

1, 1989. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 6.45,

eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 745, Sec. 7, eff;

Jan. 1, 1998.

Sec. 481.063. REGISTRATION APPLICATION; ISSUANCE OR DENIAL. (a)

The director may refuse to issue a registration to a person to

manufacture, distribute, analyze, or conduct research with a

controlled substance if the person fails or refuses to provide to

the director a consent form signed by the person granting the

director the right to inspect the person's controlled premises

and any record, controlled substance, or other item covered by

this chapter.

(b) The director may not issue a registration to a person to

dispense a controlled substance unless the director receives a

consent form signed by the person granting the director the right

to inspect records as required by this chapter.

distribute, or analyze a controlled substance listed in Schedules

II through V if:

(1) the person furnishes the director evidence that the person

is registered for that purpose under the Federal Controlled

Substances Act;

(2) the person has made proper application and paid the

applicable fee; and

(3) the person has not been found by the director to have

violated a provision of Subsection (e).

(d) The director shall register a person to dispense or conduct

research with a controlled substance listed in Schedules II

through V if the person:

(1) is a practitioner licensed under the laws of this state;

(2) has made proper application and paid the applicable fee; and

(3) has not been found by the director to have violated a

provision of Subsection (e).

(e) An application for registration to manufacture, distribute,

analyze, dispense, or conduct research with a controlled

substance may be denied on a finding that the applicant:

(1) has furnished material information in an application filed

under this chapter that the applicant knows is false or

fraudulent;

(2) has been convicted of or placed on community supervision or

other probation for:

(A) a felony;

(B) a violation of this chapter or of Chapters 482-485; or

(3) has voluntarily surrendered or has had suspended, denied, or

revoked a registration or application for registration to

manufacture, distribute, analyze, or dispense controlled

substances under the Federal Controlled Substances Act;

(4) has had suspended, probated, or revoked a registration or a

practitioner's license under the laws of this state or another

state;

(5) has intentionally or knowingly failed to establish and

maintain effective security controls against diversion of

controlled substances into other than legitimate medical,

scientific, or industrial channels as provided by federal

regulations or laws, this chapter, or a rule adopted under this

chapter;

(6) has intentionally or knowingly failed to maintain records

required to be kept by this chapter or a rule adopted under this

chapter;

(7) has refused to allow an inspection authorized by this

chapter or a rule adopted under this chapter;

(8) has intentionally or knowingly violated this chapter or a

rule adopted under this chapter; or

(9) has voluntarily surrendered a registration that has not been

reinstated.

(f) The director may inspect the premises or establishment of an

applicant for registration in accordance with this chapter.

(g) A registration is valid until the first anniversary of the

date of issuance and may be renewed annually under rules adopted

by the director, unless a rule provides for a longer period of

validity or renewal.

(h) Chapter 2001, Government Code, does not apply to a denial of

a registration under Subsection (e)(2)(A) or (B), (e)(3), (e)(4),

or (e)(9).

(i) For good cause shown, the director may probate the denial of

an application for registration. If a denial of an application is

probated, the director may require the person to report regularly

to the department on matters that are the basis of the probation

or may limit activities of the person to those prescribed by the

director, or both.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.02(f), eff.

Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 790, Sec. 19, eff. Sept.

1, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept.

1, 1995; Acts 1997, 75th Leg., ch. 745, Sec. 8, eff. Jan. 1,

1998; Acts 2001, 77th Leg., ch. 251, Sec. 4, eff. Sept. 1, 2001.

Sec. 481.064. REGISTRATION FEES. (a) The director may charge a

nonrefundable fee of not more than $25 before processing an

application for annual registration and may charge a late fee of

not more than $50 for each application for renewal the department

receives after the date the registration expires. The director

by rule shall set the amounts of the fees at the amounts that are

necessary to cover the cost of administering and enforcing this

subchapter. Except as provided by Subsection (b), registrants

shall pay the fees to the director. Not later than 60 days

before the date the registration expires, the director shall send

a renewal notice to the registrant at the last known address of

the registrant according to department records.

(b) The director may authorize a contract between the department

and an appropriate state agency for the collection and remittance

of the fees. The director by rule may provide for remittance of

the fees collected by state agencies for the department.

of the operator's and chauffeur's license account in the general

revenue fund. The fees may be used only by the department in the

administration or enforcement of this subchapter.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1997, 75th Leg., ch. 745, Sec. 9, eff. Jan. 1,

1998; Acts 2001, 77th Leg., ch. 251, Sec. 5, eff. Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1391, Sec. 1, eff. September 1, 2007.

Sec. 481.065. AUTHORIZATION FOR CERTAIN ACTIVITIES. (a) The

director may authorize the possession, distribution, planting,

and cultivation of controlled substances by a person engaged in

research, training animals to detect controlled substances, or

designing or calibrating devices to detect controlled substances.

A person who obtains an authorization under this subsection does

not commit an offense involving the possession or distribution of

controlled substances to the extent that the possession or

distribution is authorized.

(b) A person may conduct research with or analyze substances

listed in Schedule I in this state only if the person is a

practitioner registered under federal law to conduct research

with or analyze those substances and the person provides the

director with evidence of federal registration.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 481.066. VOLUNTARY SURRENDER, CANCELLATION, SUSPENSION,

PROBATION, OR REVOCATION OF REGISTRATION. (a) The director may

accept a voluntary surrender of a registration.

(b) The director may cancel, suspend, or revoke a registration,

place on probation a person whose license has been suspended, or

reprimand a registrant for a cause described by Section

481.063(e).

error.

(d) The director may limit the cancellation, suspension,

probation, or revocation to the particular schedule or controlled

substance within a schedule for which grounds for cancellation,

suspension, probation, or revocation exist.

(e) After accepting the voluntary surrender of a registration or

ordering the cancellation, suspension, probation, or revocation

of a registration, the director may seize or place under seal all

controlled substances owned or possessed by the registrant under

the authority of that registration. If the director orders the

cancellation, suspension, probation, or revocation of a

registration, a disposition may not be made of the seized or

sealed substances until the time for administrative appeal of the

order has elapsed or until all appeals have been concluded,

except that the director may order the sale of perishable

substances and deposit of the proceeds of the sale in a special

interest-bearing account in the general revenue fund. When a

surrender or cancellation, suspension, probation, or revocation

order becomes final, all controlled substances may be forfeited

to the state as provided under Subchapter E.

(f) The operation of a registrant in violation of this section

is a public nuisance, and the director may apply to any court of

competent jurisdiction for an injunction suspending the

registration of the registrant.

(g) Chapter 2001, Government Code, applies to a proceeding under

this section to the extent that that chapter does not conflict

with this subchapter. Chapter 2001, Government Code, does not

apply to a cancellation, suspension, probation, or revocation of

a registration for a cause described by Section 481.063(e)(2)(A)

or (B), (e)(3), (e)(4), or (e)(9).

(h) The director shall promptly notify appropriate state

agencies of an order accepting a voluntary surrender or

canceling, suspending, probating, or revoking a registration and

the forfeiture of controlled substances.

(i) The director shall give written notice to the applicant or

registrant of the acceptance of a voluntary surrender of a

registration, or of the cancellation, suspension, probation,

revocation, or denial of a registration. The notice shall be sent

by certified mail, return receipt requested, to the most current

address of the applicant or registrant contained in department

files.

(j) After a voluntary surrender, cancellation, suspension,

probation, revocation, or denial of a registration, on petition

of the applicant or former registrant, the director may issue or

reinstate the registration for good cause shown by the

petitioner.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1997, 75th Leg., ch. 745, Sec. 10, eff. Jan. 1,

1998; Acts 2001, 77th Leg., ch. 251, Sec. 6, eff. Sept. 1, 2001.

Sec. 481.067. RECORDS. (a) A person who is registered to

manufacture, distribute, analyze, or dispense a controlled

substance shall keep records and maintain inventories in

compliance with recordkeeping and inventory requirements of

federal law and with additional rules the director adopts.

(b) The pharmacist-in-charge of a pharmacy shall maintain the

records and inventories required by this section.

of the transaction that is the basis of the record. A record or

inventory required by this section must be kept or maintained for

at least two years after the date the record or inventory is

made.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 2001, 77th Leg., ch. 251, Sec. 7, eff. Sept. 1,

2001.

Sec. 481.068. CONFIDENTIALITY. (a) The director may authorize

a person engaged in research on the use and effects of a

controlled substance to withhold the names and other identifying

characteristics of individuals who are the subjects of the

research. A person who obtains the authorization may not be

compelled in a civil, criminal, administrative, legislative, or

other proceeding to identify the individuals who are the subjects

of the research for which the authorization is obtained.

(b) Except as provided by Sections 481.074 and 481. 075, a

practitioner engaged in authorized medical practice or research

may not be required to furnish the name or identity of a patient

or research subject to the department, the director of the Texas

Commission on Alcohol and Drug Abuse, or any other agency, public

official, or law enforcement officer. A practitioner may not be

compelled in a state or local civil, criminal, administrative,

legislative, or other proceeding to furnish the name or identity

of an individual that the practitioner is obligated to keep

confidential.

law enforcement agency the name or identity of a patient or

research subject whose identity could not be obtained under

Subsection (b).

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 2001, 77th Leg., ch. 251, Sec. 8, eff. Sept. 1,

2001.

Sec. 481.069. ORDER FORMS. A registrant may not distribute or

order a controlled substance listed in Schedule I or II to or

from another registrant except under an order form. A registrant

complying with the federal law concerning order forms is in

compliance with this section.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.02(g), eff.

Sept. 1, 1989.

Sec. 481.070. ADMINISTERING OR DISPENSING SCHEDULE I CONTROLLED

SUBSTANCE. Except as permitted by this chapter, a person may not

administer or dispense a controlled substance listed in Schedule

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 481.071. MEDICAL PURPOSE REQUIRED BEFORE PRESCRIBING,

DISPENSING, DELIVERING, OR ADMINISTERING CONTROLLED SUBSTANCE.

(a) A practitioner defined by Section 481.002(39)(A) may not

prescribe, dispense, deliver, or administer a controlled

substance or cause a controlled substance to be administered

under the practitioner's direction and supervision except for a

valid medical purpose and in the course of medical practice.

(b) An anabolic steroid or human growth hormone listed in

Schedule III may only be:

(1) dispensed, prescribed, delivered, or administered by a

practitioner, as defined by Section 481.002(39)(A), for a valid

medical purpose and in the course of professional practice; or

(2) dispensed or delivered by a pharmacist according to a

prescription issued by a practitioner, as defined by Section

481.002(39)(A) or (C), for a valid medical purpose and in the

course of professional practice.

enhancement, or increasing muscle bulk or strength through the

use of an anabolic steroid or human growth hormone listed in

Schedule III by a person who is in good health is not a valid

medical purpose.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.03(b), eff.

Sept. 1, 1989; Acts 1997, 75th Leg., ch. 745, Sec. 11, eff. Jan.

1, 1998.

Sec. 481.072. MEDICAL PURPOSE REQUIRED BEFORE DISTRIBUTING OR

DISPENSING SCHEDULE V CONTROLLED SUBSTANCE. A person may not

distribute or dispense a controlled substance listed in Schedule

V except for a valid medical purpose.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 481.073. COMMUNICATION OF PRESCRIPTIONS BY AGENT. (a)

Only a practitioner defined by Section 481.002(39)(A) and an

agent designated in writing by the practitioner in accordance

with rules adopted by the department may communicate a

prescription by telephone. A pharmacy that receives a

telephonically communicated prescription shall promptly write the

prescription and file and retain the prescription in the manner

required by this subchapter. A practitioner who designates an

agent to communicate prescriptions shall maintain the written

designation of the agent in the practitioner's usual place of

business and shall make the designation available for inspection

by investigators for the Texas State Board of Medical Examiners,

the State Board of Dental Examiners, the State Board of

Veterinary Medical Examiners, and the department. A practitioner

who designates a different agent shall designate that agent in

writing and maintain the designation in the same manner in which

the practitioner initially designated an agent under this

section.

(b) On the request of a pharmacist, a practitioner shall furnish

a copy of the written designation authorized under Subsection

(a).

practitioner's designated agent from the requirement of

Subchapter A, Chapter 562, Occupations Code. A practitioner is

personally responsible for the actions of the designated agent in

communicating a prescription to a pharmacist.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 2001, 77th Leg., ch. 251, Sec. 9, eff. Sept. 1,

2001; Acts 2001, 77th Leg., ch. 1420, Sec. 14.794, eff. Sept. 1,

2001.

Sec. 481.074. PRESCRIPTIONS. (a) A pharmacist may not:

(1) dispense or deliver a controlled substance or cause a

controlled substance to be dispensed or delivered under the

pharmacist's direction or supervision except under a valid

prescription and in the course of professional practice;

(2) dispense a controlled substance if the pharmacist knows or

should have known that the prescription was issued without a

valid patient-practitioner relationship;

(3) fill a prescription that is not prepared or issued as

prescribed by this chapter;

(4) permit or allow a person who is not a licensed pharmacist or

pharmacist intern to dispense, distribute, or in any other manner

deliver a controlled substance even if under the supervision of a

pharmacist, except that after the pharmacist or pharmacist intern

has fulfilled his professional and legal responsibilities, a

nonpharmacist may complete the actual cash or credit transaction

and delivery; or

(5) permit the delivery of a controlled substance to any person

not known to the pharmacist, the pharmacist intern, or the person

authorized by the pharmacist to deliver the controlled substance

without first requiring identification of the person taking

possession of the controlled substance, except as provided by

Subsection (n).

(b) Except in an emergency as defined by rule of the director or

as provided by Subsection (o) or Section 481.075(j) or (m), a

person may not dispense or administer a controlled substance

listed in Schedule II without the written prescription of a

practitioner on an official prescription form that meets the

requirements of and is completed by the practitioner in

accordance with Section 481.075. In an emergency, a person may

dispense or administer a controlled substance listed in Schedule

II on the oral or telephonically communicated prescription of a

practitioner. The person who administers or dispenses the

substance shall:

(1) if the person is a prescribing practitioner or a pharmacist,

promptly comply with Subsection (c); or

(2) if the person is not a prescribing practitioner or a

pharmacist, promptly write the oral or telephonically

communicated prescription and include in the written record of

the prescription the name, address, department registration

number, and Federal Drug Enforcement Administration number of the

prescribing practitioner, all information required to be provided

by a practitioner under Section 481.075(e)(1), and all

information required to be provided by a dispensing pharmacist

under Section 481.075(e)(2).

practitioner authorizes an emergency oral or telephonically

communicated prescription, the prescribing practitioner shall

cause a written prescription, completed in the manner required by

Section 481.075, to be delivered in person or mailed to the

dispensing pharmacist at the pharmacy where the prescription was

dispensed. The envelope of a prescription delivered by mail must

be postmarked not later than the seventh day after the date the

prescription was authorized. On receipt of the prescription, the

dispensing pharmacy shall file the transcription of the

telephonically communicated prescription and the pharmacy copy

and shall send information to the director as required by Section

481.075.

(d) Except as specified in Subsections (e) and (f), the

director, by rule and in consultation with the Texas Medical

Board and the Texas State Board of Pharmacy, shall establish the

period after the date on which the prescription is issued that a

person may fill a prescription for a controlled substance listed

in Schedule II. A person may not refill a prescription for a

substance listed in Schedule II.

(d-1) Notwithstanding Subsection (d), a prescribing practitioner

may issue multiple prescriptions authorizing the patient to

receive a total of up to a 90-day supply of a Schedule II

controlled substance if:

(1) each separate prescription is issued for a legitimate

medical purpose by a prescribing practitioner acting in the usual

course of professional practice;

(2) the prescribing practitioner provides written instructions

on each prescription to be filled at a later date indicating the

earliest date on which a pharmacy may fill each prescription;

(3) the prescribing practitioner concludes that providing the

patient with multiple prescriptions in this manner does not

create an undue risk of diversion or abuse; and

(4) the issuance of multiple prescriptions complies with other

applicable state and federal laws.

(e) The partial filling of a prescription for a controlled

substance listed in Schedule II is permissible, if the pharmacist

is unable to supply the full quantity called for in a written or

emergency oral prescription and the pharmacist makes a notation

of the quantity supplied on the face of the written prescription

or written record of the emergency oral prescription. The

remaining portion of the prescription may be filled within 72

hours of the first partial filling; however, if the remaining

portion is not or cannot be filled within the 72-hour period, the

pharmacist shall so notify the prescribing individual

practitioner. No further quantity may be supplied beyond 72 hours

without a new prescription.

(f) A prescription for a Schedule II controlled substance

written for a patient in a long-term care facility (LTCF) or for

a patient with a medical diagnosis documenting a terminal illness

may be filled in partial quantities to include individual dosage

units. If there is any question about whether a

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Texas Codes and Statutes

CHAPTER 481. TEXAS CONTROLLED SUBSTANCES ACT