CHAPTER 483. DANGEROUS DRUGS
HEALTH AND SAFETY CODE
TITLE 6. FOOD, DRUGS, ALCOHOL, AND HAZARDOUS SUBSTANCES
SUBTITLE C. SUBSTANCE ABUSE REGULATION AND CRIMES
CHAPTER 483. DANGEROUS DRUGS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 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.
Sec. 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 person licensed:
(A) by the Texas State Board of Medical Examiners, State Board
of Dental Examiners, Texas State Board of Podiatric Medical
Examiners, Texas Optometry Board, or State Board of Veterinary
Medical Examiners to prescribe and administer dangerous drugs;
(B) by another state in a health field in which, under the laws
of this state, a licensee may legally prescribe dangerous drugs;
(C) 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 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.
(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.
Amended by:
Acts 2005, 79th Leg., Ch.
1240, Sec. 54, eff. September 1, 2005.
Sec. 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.
Sec. 483.003. BOARD OF HEALTH HEARINGS REGARDING CERTAIN
DANGEROUS DRUGS. (a) The Texas Board of Health 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 making that finding, the Texas Board of Health 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.
Sec. 483.004. COMMISSIONER OF HEALTH EMERGENCY AUTHORITY
RELATING TO DANGEROUS DRUGS. If the commissioner of health 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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 registered with the
commissioner of health under Chapter 431 (Texas Food, Drug, and
Cosmetic Act).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 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
Sec. 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.
Text of subsection effective until September 01, 2010
(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; or
(10) a salvage broker or salvage operator licensed under Chapter
432.
Text of subsection effective on September 01, 2010
(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 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.
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.
Amended by:
Acts 2005, 79th Leg., Ch.
1240, Sec. 55, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch.
303, Sec. 2, eff. September 1, 2010.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 483.047. REFILLING PRESCRIPTION WITHOUT AUTHORIZATION. (a)
Except as authorized by Subsection (b), 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.
(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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.