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CHAPTER 481. TEXAS CONTROLLED SUBSTANCES ACT

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HEALTH AND SAFETY CODETITLE 6. FOOD, DRUGS, ALCOHOL, AND HAZARDOUS SUBSTANCESSUBTITLE C. SUBSTANCE ABUSE REGULATION AND CRIMESCHAPTER 481. TEXAS CONTROLLED SUBSTANCES ACTSUBCHAPTER A. GENERAL PROVISIONSSec. 481.001.SHORT TITLE.This chapter may be cited as theTexas 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 substanceby injection, inhalation, ingestion, or other means to the bodyof a patient or research subject by:(A)a practitioner or an agent of the practitioner in thepresence of the practitioner; or(B)the patient or research subject at the direction and in thepresence of a practitioner.(2)"Agent" means an authorized person who acts on behalf of orat the direction of a manufacturer, distributor, or dispenser.The term does not include a common or contract carrier, publicwarehouseman, or employee of a carrier or warehouseman acting inthe usual and lawful course of employment.(3)"Commissioner" means the commissioner of public health orthe commissioner's designee.(4)"Controlled premises" means:(A)a place where original or other records or documentsrequired under this chapter are kept or are required to be kept;or(B)a place, including a factory, warehouse, otherestablishment, or conveyance, where a person registered underthis chapter may lawfully hold, manufacture, distribute,dispense, administer, possess, or otherwise dispose of acontrolled substance or other item governed by this chapter,including a chemical precursor and a chemical laboratoryapparatus.(5)"Controlled substance" means a substance, including a drug,an adulterant, and a dilutant, listed in Schedules I through V orPenalty Groups 1, 1-A, or 2 through 4. The term includes theaggregate weight of any mixture, solution, or other substancecontaining a controlled substance.(6)"Controlled substance analogue" means:(A)a substance with a chemical structure substantially similarto the chemical structure of a controlled substance in Schedule Ior II or Penalty Group 1, 1-A, or 2; or(B)a substance specifically designed to produce an effectsubstantially similar to, or greater than, the effect of acontrolled 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 labelthat bears an actual or simulated trademark, trade name, or otheridentifying mark, imprint, number, or device of a manufacturer,distributor, or dispenser other than the person who in factmanufactured, distributed, or dispensed the substance.(8)"Deliver" means to transfer, actually or constructively, toanother a controlled substance, counterfeit substance, or drugparaphernalia, regardless of whether there is an agencyrelationship. The term includes offering to sell a controlledsubstance, counterfeit substance, or drug paraphernalia.(9)"Delivery" or "drug transaction" means the act ofdelivering.(10)"Designated agent" means an individual designated underSection 481.073 to communicate a practitioner's instructions to apharmacist.(11)"Director" means the director of the Department of PublicSafety or an employee of the department designated by thedirector.(12)"Dispense" means the delivery of a controlled substance inthe course of professional practice or research, by apractitioner or person acting under the lawful order of apractitioner, to an ultimate user or research subject. The termincludes the prescribing, administering, packaging, labeling, orcompounding necessary to prepare the substance for delivery.(13)"Dispenser" means a practitioner, institutionalpractitioner, pharmacist, or pharmacy that dispenses a controlledsubstance.(14)"Distribute" means to deliver a controlled substance otherthan by administering or dispensing the substance.(15)"Distributor" means a person who distributes.(16)"Drug" means a substance, other than a device or acomponent, part, or accessory of a device, that is:(A)recognized as a drug in the official United StatesPharmacopoeia, official Homeopathic Pharmacopoeia of the UnitedStates, official National Formulary, or a supplement to eitherpharmacopoeia or the formulary;(B)intended for use in the diagnosis, cure, mitigation,treatment, or prevention of disease in man or animals;(C)intended to affect the structure or function of the body ofman or animals but is not food; or(D)intended for use as a component of a substance described byParagraph (A), (B), or (C).(17)"Drug paraphernalia" means equipment, a product, ormaterial 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 chapteror in injecting, ingesting, inhaling, or otherwise introducinginto the human body a controlled substance in violation of thischapter. The term includes:(A)a kit used or intended for use in planting, propagating,cultivating, growing, or harvesting a species of plant that is acontrolled substance or from which a controlled substance may bederived;(B)a material, compound, mixture, preparation, or kit used orintended for use in manufacturing, compounding, converting,producing, processing, or preparing a controlled substance;(C)an isomerization device used or intended for use inincreasing the potency of a species of plant that is a controlledsubstance;(D)testing equipment used or intended for use in identifying orin analyzing the strength, effectiveness, or purity of acontrolled substance;(E)a scale or balance used or intended for use in weighing ormeasuring a controlled substance;(F)a dilutant or adulterant, such as quinine hydrochloride,mannitol, inositol, nicotinamide, dextrose, lactose, orabsorbent, blotter-type material, that is used or intended to beused to increase the amount or weight of or to transfer acontrolled substance regardless of whether the dilutant oradulterant diminishes the efficacy of the controlled substance;(G)a separation gin or sifter used or intended for use inremoving twigs and seeds from or in otherwise cleaning orrefining marihuana;(H)a blender, bowl, container, spoon, or mixing device used orintended for use in compounding a controlled substance;(I)a capsule, balloon, envelope, or other container used orintended for use in packaging small quantities of a controlledsubstance;(J)a container or other object used or intended for use instoring or concealing a controlled substance;(K)a hypodermic syringe, needle, or other object used orintended for use in parenterally injecting a controlled substanceinto the human body; and(L)an object used or intended for use in ingesting, inhaling,or otherwise introducing marihuana, cocaine, hashish, or hashishoil into the human body, including:(i)a metal, wooden, acrylic, glass, stone, plastic, or ceramicpipe with or without a screen, permanent screen, hashish head, orpunctured 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 FederalComprehensive Drug Abuse Prevention and Control Act of 1970 (21U.S.C. Section 801 et seq.) or its successor statute.(19)"Federal Drug Enforcement Administration" means the DrugEnforcement Administration of the United States Department ofJustice 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 TexasDepartment of Health and approved by the federal government toperform surgery paid by Medicaid on patients admitted for aperiod 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 findsto be and by rule designates as being:(A)a principal compound commonly used or produced primarily foruse in the manufacture of a controlled substance;(B)a substance that is an immediate chemical intermediary usedor likely to be used in the manufacture of a controlledsubstance; and(C)a substance the control of which is necessary to prevent,curtail, or limit the manufacture of a controlled substance.(23)"Institutional practitioner" means an intern, residentphysician, fellow, or person in an equivalent professionalposition who:(A)is not licensed by the appropriate state professionallicensing board;(B)is enrolled in a bona fide professional training program ina base hospital or institutional training facility registered bythe Federal Drug Enforcement Administration; and(C)is authorized by the base hospital or institutional trainingfacility to administer, dispense, or prescribe controlledsubstances.(24)"Lawful possession" means the possession of a controlledsubstance that has been obtained in accordance with state orfederal law.(25)"Manufacture" means the production, preparation,propagation, compounding, conversion, or processing of acontrolled substance other than marihuana, directly or indirectlyby extraction from substances of natural origin, independently bymeans of chemical synthesis, or by a combination of extractionand chemical synthesis, and includes the packaging or repackagingof 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'sadministering or dispensing a controlled substance in the courseof professional practice; or(B)by a practitioner, or by an authorized agent under thesupervision of the practitioner, for or as an incident toresearch, teaching, or chemical analysis and not for delivery.(26)"Marihuana" means the plant Cannabis sativa L., whethergrowing or not, the seeds of that plant, and every compound,manufacture, salt, derivative, mixture, or preparation of thatplant 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 theresin;(B)the mature stalks of the plant or fiber produced from thestalks;(C)oil or cake made from the seeds of the plant;(D)a compound, manufacture, salt, derivative, mixture, orpreparation of the mature stalks, fiber, oil, or cake; or(E)the sterilized seeds of the plant that are incapable ofbeginning germination.(27)"Medical purpose" means the use of a controlled substancefor relieving or curing a mental or physical disease orinfirmity.(28)"Medication order" means an order from a practitioner todispense a drug to a patient in a hospital for immediateadministration while the patient is in the hospital or foremergency use on the patient's release from the hospital.(29)"Narcotic drug" means any of the following, produceddirectly or indirectly by extraction from substances of vegetableorigin, independently by means of chemical synthesis, or by acombination of extraction and chemical synthesis:(A)opium and opiates, and a salt, compound, derivative, orpreparation of opium or opiates;(B)a salt, compound, isomer, derivative, or preparation of asalt, compound, isomer, or derivative that is chemicallyequivalent or identical to a substance listed in Paragraph (A)other than the isoquinoline alkaloids of opium;(C)opium poppy and poppy straw; or(D)cocaine, including:(i)its salts, its optical, position, or geometric isomers, andthe salts of those isomers;(ii)coca leaves and a salt, compound, derivative, orpreparation of coca leaves; and(iii)a salt, compound, derivative, or preparation of a salt,compound, or derivative that is chemically equivalent oridentical to a substance described by Subparagraph (i) or (ii),other than decocainized coca leaves or extractions of coca leavesthat do not contain cocaine or ecgonine.(30)"Opiate" means a substance that has an addiction-forming oraddiction-sustaining liability similar to morphine or is capableof conversion into a drug having addiction-forming oraddiction-sustaining liability. The term includes its racemic andlevorotatory forms. The term does not include, unlessspecifically designated as controlled under Subchapter B, thedextrorotatory isomer of 3-methoxy-n-methylmorphinan and itssalts (dextromethorphan).(31)"Opium poppy" means the plant of the species Papaversomniferum L., other than its seeds.(32)"Patient" means a human for whom or an animal for which adrug is administered, dispensed, delivered, or prescribed by apractitioner.(33)"Person" means an individual, corporation, government,business trust, estate, trust, partnership, association, or anyother legal entity.(34)"Pharmacist" means a person licensed by the Texas StateBoard of Pharmacy to practice pharmacy and who acts as an agentfor a pharmacy.(35)"Pharmacist-in-charge" means the pharmacist designated on apharmacy license as the pharmacist who has the authority orresponsibility for the pharmacy's compliance with this chapterand other laws relating to pharmacy.(36)"Pharmacy" means a facility licensed by the Texas StateBoard of Pharmacy where a prescription for a controlled substanceis received or processed in accordance with state or federal law.(37)"Poppy straw" means all parts, other than the seeds, of theopium poppy, after mowing.(38)"Possession" means actual care, custody, control, ormanagement.(39)"Practitioner" means:(A)a physician, dentist, veterinarian, podiatrist, scientificinvestigator, or other person licensed, registered, or otherwisepermitted to distribute, dispense, analyze, conduct research withrespect to, or administer a controlled substance in the course ofprofessional 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 controlledsubstance in the course of professional practice or research inthis state;(C)a person practicing in and licensed by another state as aphysician, dentist, veterinarian, or podiatrist, having a currentFederal Drug Enforcement Administration registration number, whomay legally prescribe Schedule II, III, IV, or V controlledsubstances in that state; or(D)an advanced practice nurse or physician assistant to whom aphysician has delegated the authority to carry out or signprescription 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 acontrolled substance to be dispensed to an ultimate user.(41)"Prescription" means an order by a practitioner to apharmacist for a controlled substance for a particular patientthat specifies:(A)the date of issue;(B)the name and address of the patient or, if the controlledsubstance is prescribed for an animal, the species of the animaland the name and address of its owner;(C)the name and quantity of the controlled substance prescribedwith the quantity shown numerically followed by the numberwritten as a word if the order is written or, if the order iscommunicated orally or telephonically, with the quantity given bythe practitioner and transcribed by the pharmacist numerically;(D)directions for the use of the drug;(E)the intended use of the drug unless the practitionerdetermines the furnishing of this information is not in the bestinterest of the patient; and(F)the legibly printed or stamped name, address, Federal DrugEnforcement Administration registration number, and telephonenumber of the practitioner at the practitioner's usual place ofbusiness.(42)"Principal place of business" means a location where aperson manufactures, distributes, dispenses, analyzes, orpossesses a controlled substance. The term does not include alocation where a practitioner dispenses a controlled substance onan outpatient basis unless the controlled substance is stored atthat location.(43)"Production" includes the manufacturing, planting,cultivating, growing, or harvesting of a controlled substance.(44)"Raw material" means a compound, material, substance, orequipment used or intended for use, alone or in any combination,in manufacturing a controlled substance.(45)"Registrant" means a person who is registered under Section481.063.(46)"Substitution" means the dispensing of a drug or a brand ofdrug other than that which is ordered or prescribed.(47)"Official prescription form" means a prescription form thatcontains the prescription information required by Section481.075.(48)"Ultimate user" means a person who has lawfully obtainedand possesses a controlled substance for the person's own use,for the use of a member of the person's household, or foradministering to an animal owned by the person or by a member ofthe person's household.(49)"Adulterant or dilutant" means any material that increasesthe bulk or quantity of a controlled substance, regardless of itseffect 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 similarcarrier medium, including marked or perforated blotter paper, atablet, gelatin wafer, sugar cube, or stamp, or other medium thatcontains any amount of a controlled substance listed in PenaltyGroup 1-A, if the unit is commonly used in abuse of thatsubstance; or(ii)each quarter-inch square section of paper, if theadulterant, dilutant, or carrier medium is paper not marked orperforated into individual abuse units; or(B)if the controlled substance is in liquid form, 40 microgramsof the controlled substance including any adulterant or dilutant.(51)"Chemical precursor" means:(A)Methylamine;(B)Ethylamine;(C)D-lysergic acid;(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 equipmentdesigned, made, or adapted to manufacture a controlled substanceor a controlled substance analogue, including:(A)a condenser;(B)a distilling apparatus;(C)a vacuum drier;(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; Acts2003, 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 toadminister 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 Insuranceunder the Insurance Code or the other insurance laws of thisstate, from using a practitioner's Federal Drug EnforcementAdministration number for a purpose other than a purposedescribed by federal law or by this chapter. A person whoviolates a rule adopted under this subsection commits a Class Cmisdemeanor.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. SCHEDULESSec. 481.031.NOMENCLATURE.Controlled substances listed inSchedules I through V and Penalty Groups 1 through 4 are includedby whatever official, common, usual, chemical, or trade name theymay 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 establishand modify the following schedules of controlled substances underthis subchapter: Schedule I, Schedule II, Schedule III, ScheduleIV, and Schedule V.(b)A reference to a schedule in this chapter means the mostcurrent version of the schedule established or altered by thecommissioner under this subchapter and published in the TexasRegister on or after January 1, 1998.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 throughV if the substance may lawfully be sold over the counter withouta 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.(c)A compound, mixture, or preparation containing a stimulantsubstance listed in Schedule II and having a potential for abuseassociated with a stimulant effect on the central nervous systemis excepted from the application of this chapter if the compound,mixture, or preparation contains one or more active medicinalingredients not having a stimulant effect on the central nervoussystem and if the admixtures are included in combinations,quantity, proportions, or concentrations that vitiate thepotential for abuse of the substance having a stimulant effect onthe central nervous system.(d)A compound, mixture, or preparation containing a depressantsubstance listed in Schedule III or IV and having a potential forabuse associated with a depressant effect on the central nervoussystem is excepted from the application of this chapter if thecompound, mixture, or preparation contains one or more activemedicinal ingredients not having a depressant effect on thecentral nervous system and if the admixtures are included incombinations, quantity, proportions, or concentrations thatvitiate the potential for abuse of the substance having adepressant effect on the central nervous system.(e)A nonnarcotic prescription substance is exempted fromSchedules I through V and the application of this chapter to thesame extent that the substance has been exempted from theapplication of the Federal Controlled Substances Act, if thesubstance is listed as an exempt prescription product under 21C.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 forgeneral administration to a human being or other animal isexempted from Schedules I through V and the application of thischapter to the same extent that the substance has been exemptedfrom the application of the Federal Controlled Substances Act, ifthe substance is listed as an exempt chemical preparation under21 C.F.R. Section 1308.24 and its subsequent amendments.(g)An anabolic steroid product, which has no significantpotential for abuse due to concentration, preparation, mixture,or delivery system, is exempted from Schedules I through V andthe application of this chapter to the same extent that thesubstance has been exempted from the application of the FederalControlled Substances Act, if the substance is listed as anexempt anabolic steroid product under 21 C.F.R. Section 1308.34and 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 andamended by Acts 1997, 75th Leg., ch. 745, Sec. 4, eff. Jan. 1,1998.Sec. 481.034.ESTABLISHMENT AND MODIFICATION OF SCHEDULES BYCOMMISSIONER.(a)The commissioner shall annually establish theschedules of controlled substances. These annual schedules shallinclude the complete list of all controlled substances from theprevious schedules and modifications in the federal schedules ofcontrolled substances as required by Subsection (g). Any furtheradditions to and deletions from these schedules, any reschedulingof substances and any other modifications made by thecommissioner to these schedules of controlled substances shall bemade:(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 scheduleunless the commissioner holds a public hearing on the matter inAustin and obtains approval from the Texas Board of Health.(c)The commissioner may not:(1)add a substance to the schedules if the substance has beendeleted from the schedules by the legislature;(2)delete a substance from the schedules if the substance hasbeen added to the schedules by the legislature; or(3)reschedule a substance if the substance has been placed in aschedule by the legislature.(d)In making a determination regarding a substance, thecommissioner shall consider:(1)the actual or relative potential for its abuse;(2)the scientific evidence of its pharmacological effect, ifknown;(3)the state of current scientific knowledge regarding thesubstance;(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 orphysiological dependence liability; and(8)whether the substance is a controlled substance analogue,chemical precursor, or an immediate precursor of a substancecontrolled under this chapter.(e)After considering the factors listed in Subsection (d), thecommissioner shall make findings with respect to those factorsand adopt a rule controlling the substance if the commissionerfinds 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 asubstance is designated, rescheduled, or deleted as a controlledsubstance under federal law and notice of that fact is given tothe commissioner, the commissioner similarly shall control thesubstance under this chapter. After the expiration of a 30-dayperiod beginning on the day after the date of publication in theFederal Register of a final order designating a substance as acontrolled substance or rescheduling or deleting a substance, thecommissioner similarly shall designate, reschedule, or delete thesubstance, unless the commissioner objects during the period. Ifthe commissioner objects, the commissioner shall publish thereasons for the objection and give all interested parties anopportunity to be heard. At the conclusion of the hearing, thecommissioner shall publish a decision, which is final unlessaltered by statute. On publication of an objection by thecommissioner, control as to that particular substance under thischapter is stayed until the commissioner publishes thecommissioner's decision.(h)Not later than the 10th day after the date on which thecommissioner designates, deletes, or reschedules a substanceunder Subsection (a), the commissioner shall give written noticeof that action to the director and to each state licensing agencyhaving jurisdiction over practitioners.Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.Renumbered from Health & Safety Code Sec. 481.038 and amendedby Acts 1997, 75th Leg., ch. 745, Sec. 4, eff. Jan. 1, 1998; Acts2003, 78th Leg., ch. 1099, Sec. 5, 17, eff. Sept. 1, 2003.Sec. 481.035.FINDINGS.(a)The commissioner shall place asubstance in Schedule I if the commissioner finds that thesubstance:(1)has a high potential for abuse; and(2)has no accepted medical use in treatment in the UnitedStates or lacks accepted safety for use in treatment undermedical supervision.(b)The commissioner shall place a substance in Schedule II ifthe commissioner finds that:(1)the substance has a high potential for abuse;(2)the substance has currently accepted medical use intreatment in the United States; and(3)abuse of the substance may lead to severe psychological orphysical dependence.(c)The commissioner shall place a substance in Schedule III ifthe commissioner finds that:(1)the substance has a potential for abuse less than that ofthe substances listed in Schedules I and II;(2)the substance has currently accepted medical use intreatment in the United States; and(3)abuse of the substance may lead to moderate or low physicaldependence or high psychological dependence.(d)The commissioner shall place a substance in Schedule IV ifthe commissioner finds that:(1)the substance has a lower potential for abuse than that ofthe substances listed in Schedule III;(2)the substance has currently accepted medical use intreatment in the United States; and(3)abuse of the substance may lead to a more limited physicalor psychological dependence than that of the substances listed inSchedule III.(e)The commissioner shall place a substance in Schedule V ifthe commissioner finds that the substance:(1)has a lower potential for abuse than that of the substanceslisted in Schedule IV;(2)has currently accepted medical use in treatment in theUnited States; and(3)may lead to a more limited physical or psychologicaldependence liability than that of the substances listed inSchedule IV.Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.Renumbered from Health & Safety Code Sec. 481.039 and amendedby Acts 1997, 75th Leg., ch. 745, Sec. 4, eff. Jan. 1, 1998.Sec. 481.036.PUBLICATION OF SCHEDULES.(a)The commissionershall publish the schedules by filing a certified copy of theschedules with the secretary of state for publication in theTexas Register not later than the fifth working day after thedate the commissioner takes action under this subchapter.(b)Each published schedule must show changes, if any, made inthe schedule since its latest publication.(c)An action by the commissioner that establishes or modifies aschedule under this subchapter may take effect not earlier thanthe 21st day after the date on which the schedule or modificationis published in the Texas Register unless an emergency existsthat necessitates earlier action to avoid an imminent hazard tothe public safety.Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.Renumbered from Health & Safety Code Sec. 481.040 and amendedby 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, ANDDISPENSATION OF CONTROLLED SUBSTANCES, CHEMICAL PRECURSORS, ANDCHEMICAL LABORATORY APPARATUSSec. 481.061.REGISTRATION REQUIRED.(a)Except as otherwiseprovided by this chapter, a person who is not a registrant maynot manufacture, distribute, prescribe, possess, analyze, ordispense a controlled substance in this state.(b)A person who is registered by the director to manufacture,distribute, analyze, dispense, or conduct research with acontrolled substance may possess, manufacture, distribute,analyze, dispense, or conduct research with that substance to theextent authorized by the person's registration and in conformitywith this chapter.(c)A separate registration is required at each principal placeof business or professional practice where the applicantmanufactures, distributes, analyzes, dispenses, or possesses acontrolled substance. However, the director may not requireseparate registration for a practitioner engaged in research witha nonnarcotic controlled substance listed in Schedules II throughV if the registrant is already registered under this subchapterin 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 notrequired to register and may possess a controlled substance underthis chapter:(1)an agent or employee of a registered manufacturer,distributor, analyzer, or dispenser of the controlled substanceacting in the usual course of business or employment;(2)a common or contract carrier, a warehouseman, or an employeeof a carrier or warehouseman whose possession of the controlledsubstance is in the usual course of business or employment;(3)an ultimate user or a person in possession of the controlledsubstance under a lawful order of a practitioner or in lawfulpossession of the controlled substance if it is listed inSchedule V;(4)an officer or employee of this state, another state, apolitical subdivision of this state or another state, or theUnited States who is lawfully engaged in the enforcement of a lawrelating to a controlled substance or drug or to a customs lawand authorized to possess the controlled substance in thedischarge of the person's official duties; or(5)if the substance is tetrahydrocannabinol or one of itsderivatives:(A)a Texas Department of Health official, a medical schoolresearcher, or a research program participant possessing thesubstance as authorized under Subchapter G; or(B)a practitioner or an ultimate user possessing the substanceas a participant in a federally approved therapeutic researchprogram 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 forregistration of certain manufacturers, distributors, ordispensers if the director finds it consistent with the publichealth and safety and if the attorney general of the UnitedStates has issued a similar waiver under the Federal ControlledSubstances 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 applyto an educational or research program of a school district or apublic or private institution of higher education. Thissubchapter does not apply to a manufacturer, wholesaler,retailer, or other person who sells, transfers, or furnishesmaterials covered by this subchapter to those educational orresearch programs.(b)The department and the Texas Higher Education CoordinatingBoard shall adopt a memorandum of understanding that establishesthe responsibilities of the board, the department, and the publicor private institutions of higher education in implementing andmaintaining a program for reporting information concerningcontrolled substances, controlled substance analogues, chemicalprecursors, and chemical laboratory apparatus used in educationalor research activities of institutions of higher education.(c)The department and the Texas Education Agency shall adopt amemorandum of understanding that establishes the responsibilitiesof the agency, the department, and school districts inimplementing and maintaining a program for reporting informationconcerning controlled substances, controlled substance analogues,chemical precursors, and chemical laboratory apparatus used ineducational or research activities of those schools and schooldistricts.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 tomanufacture, distribute, analyze, or conduct research with acontrolled substance if the person fails or refuses to provide tothe director a consent form signed by the person granting thedirector the right to inspect the person's controlled premisesand any record, controlled substance, or other item covered bythis chapter.(b)The director may not issue a registration to a person todispense a controlled substance unless the director receives aconsent form signed by the person granting the director the rightto inspect records as required by this chapter.(c)The director shall register a person to manufacture,distribute, or analyze a controlled substance listed in SchedulesII through V if:(1)the person furnishes the director evidence that the personis registered for that purpose under the Federal ControlledSubstances Act;(2)the person has made proper application and paid theapplicable fee; and(3)the person has not been found by the director to haveviolated a provision of Subsection (e).(d)The director shall register a person to dispense or conductresearch with a controlled substance listed in Schedules IIthrough 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 aprovision of Subsection (e).(e)An application for registration to manufacture, distribute,analyze, dispense, or conduct research with a controlledsubstance may be denied on a finding that the applicant:(1)has furnished material information in an application filedunder this chapter that the applicant knows is false orfraudulent;(2)has been convicted of or placed on community supervision orother probation for:(A)a felony;(B)a violation of this chapter or of Chapters 482-485; or(C)an offense reasonably related to the registration sought;(3)has voluntarily surrendered or has had suspended, denied, orrevoked a registration or application for registration tomanufacture, distribute, analyze, or dispense controlledsubstances under the Federal Controlled Substances Act;(4)has had suspended, probated, or revoked a registration or apractitioner's license under the laws of this state or anotherstate;(5)has intentionally or knowingly failed to establish andmaintain effective security controls against diversion ofcontrolled substances into other than legitimate medical,scientific, or industrial channels as provided by federalregulations or laws, this chapter, or a rule adopted under thischapter;(6)has intentionally or knowingly failed to maintain recordsrequired to be kept by this chapter or a rule adopted under thischapter;(7)has refused to allow an inspection authorized by thischapter or a rule adopted under this chapter;(8)has intentionally or knowingly violated this chapter or arule adopted under this chapter; or(9)has voluntarily surrendered a registration that has not beenreinstated.(f)The director may inspect the premises or establishment of anapplicant for registration in accordance with this chapter.(g)A registration is valid until the first anniversary of thedate of issuance and may be renewed annually under rules adoptedby the director, unless a rule provides for a longer period ofvalidity or renewal.(h)Chapter 2001, Government Code, does not apply to a denial ofa 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 ofan application for registration. If a denial of an application isprobated, the director may require the person to report regularlyto the department on matters that are the basis of the probationor may limit activities of the person to those prescribed by thedirector, 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 anonrefundable fee of not more than $25 before processing anapplication for annual registration and may charge a late fee ofnot more than $50 for each application for renewal the departmentreceives after the date the registration expires.The directorby rule shall set the amounts of the fees at the amounts that arenecessary to cover the cost of administering and enforcing thissubchapter.Except as provided by Subsection (b), registrantsshall pay the fees to the director.Not later than 60 daysbefore the date the registration expires, the director shall senda renewal notice to the registrant at the last known address ofthe registrant according to department records.(b)The director may authorize a contract between the departmentand an appropriate state agency for the collection and remittanceof the fees. The director by rule may provide for remittance ofthe fees collected by state agencies for the department.(c)The director shall deposit the collected fees to the creditof the operator's and chauffeur's license account in the generalrevenue fund. The fees may be used only by the department in theadministration 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)Thedirector may authorize the possession, distribution, planting,and cultivation of controlled substances by a person engaged inresearch, training animals to detect controlled substances, ordesigning or calibrating devices to detect controlled substances.A person who obtains an authorization under this subsection doesnot commit an offense involving the possession or distribution ofcontrolled substances to the extent that the possession ordistribution is authorized.(b)A person may conduct research with or analyze substanceslisted in Schedule I in this state only if the person is apractitioner registered under federal law to conduct researchwith or analyze those substances and the person provides thedirector 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 mayaccept 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, orreprimand a registrant for a cause described by Section481.063(e).(c)The director may cancel a registration that was issued inerror.(d)The director may limit the cancellation, suspension,probation, or revocation to the particular schedule or controlledsubstance within a schedule for which grounds for cancellation,suspension, probation, or revocation exist.(e)After accepting the voluntary surrender of a registration orordering the cancellation, suspension, probation, or revocationof a registration, the director may seize or place under seal allcontrolled substances owned or possessed by the registrant underthe authority of that registration. If the director orders thecancellation, suspension, probation, or revocation of aregistration, a disposition may not be made of the seized orsealed substances until the time for administrative appeal of theorder has elapsed or until all appeals have been concluded,except that the director may order the sale of perishablesubstances and deposit of the proceeds of the sale in a specialinterest-bearing account in the general revenue fund. When asurrender or cancellation, suspension, probation, or revocationorder becomes final, all controlled substances may be forfeitedto the state as provided under Subchapter E.(f)The operation of a registrant in violation of this sectionis a public nuisance, and the director may apply to any court ofcompetent jurisdiction for an injunction suspending theregistration of the registrant.(g)Chapter 2001, Government Code, applies to a proceeding underthis section to the extent that that chapter does not conflictwith this subchapter. Chapter 2001, Government Code, does notapply to a cancellation, suspension, probation, or revocation ofa 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 stateagencies of an order accepting a voluntary surrender orcanceling, suspending, probating, or revoking a registration andthe forfeiture of controlled substances.(i)The director shall give written notice to the applicant orregistrant of the acceptance of a voluntary surrender of aregistration, or of the cancellation, suspension, probation,revocation, or denial of a registration. The notice shall be sentby certified mail, return receipt requested, to the most currentaddress of the applicant or registrant contained in departmentfiles.(j)After a voluntary surrender, cancellation, suspension,probation, revocation, or denial of a registration, on petitionof the applicant or former registrant, the director may issue orreinstate the registration for good cause shown by thepetitioner.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 tomanufacture, distribute, analyze, or dispense a controlledsubstance shall keep records and maintain inventories incompliance with recordkeeping and inventory requirements offederal law and with additional rules the director adopts.(b)The pharmacist-in-charge of a pharmacy shall maintain therecords and inventories required by this section.(c)A record required by this section must be made at the timeof the transaction that is the basis of the record. A record orinventory required by this section must be kept or maintained forat least two years after the date the record or inventory ismade.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 authorizea person engaged in research on the use and effects of acontrolled substance to withhold the names and other identifyingcharacteristics of individuals who are the subjects of theresearch. A person who obtains the authorization may not becompelled in a civil, criminal, administrative, legislative, orother proceeding to identify the individuals who are the subjectsof the research for which the authorization is obtained.(b)Except as provided by Sections 481.074 and 481. 075, apractitioner engaged in authorized medical practice or researchmay not be required to furnish the name or identity of a patientor research subject to the department, the director of the TexasCommission on Alcohol and Drug Abuse, or any other agency, publicofficial, or law enforcement officer. A practitioner may not becompelled in a state or local civil, criminal, administrative,legislative, or other proceeding to furnish the name or identityof an individual that the practitioner is obligated to keepconfidential.(c)The director may not provide to a federal, state, or locallaw enforcement agency the name or identity of a patient orresearch subject whose identity could not be obtained underSubsection (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 ororder a controlled substance listed in Schedule I or II to orfrom another registrant except under an order form. A registrantcomplying with the federal law concerning order forms is incompliance 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 CONTROLLEDSUBSTANCE.Except as permitted by this chapter, a person may notadminister or dispense a controlled substance listed in ScheduleI.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 notprescribe, dispense, deliver, or administer a controlledsubstance or cause a controlled substance to be administeredunder the practitioner's direction and supervision except for avalid medical purpose and in the course of medical practice.(b)An anabolic steroid or human growth hormone listed inSchedule III may only be:(1)dispensed, prescribed, delivered, or administered by apractitioner, as defined by Section 481.002(39)(A), for a validmedical purpose and in the course of professional practice; or(2)dispensed or delivered by a pharmacist according to aprescription issued by a practitioner, as defined by Section481.002(39)(A) or (C), for a valid medical purpose and in thecourse of professional practice.(c)For the purposes of Subsection (b), bodybuilding, muscleenhancement, or increasing muscle bulk or strength through theuse of an anabolic steroid or human growth hormone listed inSchedule III by a person who is in good health is not a validmedical 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 ORDISPENSING SCHEDULE V CONTROLLED SUBSTANCE.A person may notdistribute or dispense a controlled substance listed in ScheduleV 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 anagent designated in writing by the practitioner in accordancewith rules adopted by the department may communicate aprescription by telephone. A pharmacy that receives atelephonically communicated prescription shall promptly write theprescription and file and retain the prescription in the mannerrequired by this subchapter. A practitioner who designates anagent to communicate prescriptions shall maintain the writtendesignation of the agent in the practitioner's usual place ofbusiness and shall make the designation available for inspectionby investigators for the Texas State Board of Medical Examiners,the State Board of Dental Examiners, the State Board ofVeterinary Medical Examiners, and the department. A practitionerwho designates a different agent shall designate that agent inwriting and maintain the designation in the same manner in whichthe practitioner initially designated an agent under thissection.(b)On the request of a pharmacist, a practitioner shall furnisha copy of the written designation authorized under Subsection(a).(c)This section does not relieve a practitioner or thepractitioner's designated agent from the requirement ofSubchapter A, Chapter 562, Occupations Code. A practitioner ispersonally responsible for the actions of the designated agent incommunicating 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 acontrolled substance to be dispensed or delivered under thepharmacist's direction or supervision except under a validprescription and in the course of professional practice;(2)dispense a controlled substance if the pharmacist knows orshould have known that the prescription was issued without avalid patient-practitioner relationship;(3)fill a prescription that is not prepared or issued asprescribed by this chapter;(4)permit or allow a person who is not a licensed pharmacist orpharmacist intern to dispense, distribute, or in any other mannerdeliver a controlled substance even if under the supervision of apharmacist, except that after the pharmacist or pharmacist internhas fulfilled his professional and legal responsibilities, anonpharmacist may complete the actual cash or credit transactionand delivery; or(5)permit the delivery of a controlled substance to any personnot known to the pharmacist, the pharmacist intern, or the personauthorized by the pharmacist to deliver the controlled substancewithout first requiring identification of the person takingpossession of the controlled substance, except as provided bySubsection (n).(b)Except in an emergency as defined by rule of the director oras provided by Subsection (o) or Section 481.075(j) or (m), aperson may not dispense or administer a controlled substancelisted in Schedule II without the written prescription of apractitioner on an official prescription form that meets therequirements of and is completed by the practitioner inaccordance with Section 481.075.In an emergency, a person maydispense or administer a controlled substance listed in ScheduleII on the oral or telephonically communicated prescription of apractitioner.The person who administers or dispenses thesubstance 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 apharmacist, promptly write the oral or telephonicallycommunicated prescription and include in the written record ofthe prescription the name, address, department registrationnumber, and Federal Drug Enforcement Administration number of theprescribing practitioner, all information required to be providedby a practitioner under Section 481.075(e)(1), and allinformation required to be provided by a dispensing pharmacistunder Section 481.075(e)(2).(c)Not later than the seventh day after the date a prescribingpractitioner authorizes an emergency oral or telephonicallycommunicated prescription, the prescribing practitioner shallcause a written prescription, completed in the manner required bySection 481.075, to be delivered in person or mailed to thedispensing pharmacist at the pharmacy where the prescription wasdispensed. The envelope of a prescription delivered by mail mustbe postmarked not later than the seventh day after the date theprescription was authorized. On receipt of the prescription, thedispensing pharmacy shall file the transcription of thetelephonically communicated prescription and the pharmacy copyand shall send information to the director as required by Section481.075.(d)Except as specified in Subsections (e) and (f), thedirector, by rule and in consultation with the Texas MedicalBoard and the Texas State Board of Pharmacy, shall establish theperiod after the date on which the prescription is issued that aperson may fill a prescription for a controlled substance listedin Schedule II.A person may not refill a prescription for asubstance listed in Schedule II.(d-1)Notwithstanding Subsection (d), a prescribing practitionermay issue multiple prescriptions authorizing the patient toreceive a total of up to a 90-day supply of a Schedule IIcontrolled substance if:(1)each separate prescription is issued for a legitimatemedical purpose by a prescribing practitioner acting in the usualcourse of professional practice;(2)the prescribing practitioner provides written instructionson each prescription to be filled at a later date indicating theearliest date on which a pharmacy may fill each prescription;(3)the prescribing practitioner concludes that providing thepatient with multiple prescriptions in this manner does notcreate an undue risk of diversion or abuse; and(4)the issuance of multiple prescriptions complies with otherapplicable state and federal laws.(e)The partial filling of a prescription for a controlledsubstance listed in Schedule II is permissible, if the pharmacistis unable to supply the full quantity called for in a written oremergency oral prescription and the pharmacist makes a notationof the quantity supplied on the face of the written prescriptionor written record of the emergency oral prescription. Theremaining portion of the prescription may be filled within 72hours of the first partial filling; however, if the remainingportion is not or cannot be filled within the 72-hour period, thepharmacist shall so notify the prescribing individualpractitioner. No further quantity may be supplied beyond 72 hourswithout a new prescription.(f)A prescription for a Schedule II controlled substancewritten for a patient in a long-term care facility (LTCF) or fora patient with a medical diagnosis documenting a terminal illnessmay be filled in partial quantities to include individual dosageunits. If there is any question about whether a
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  • 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;

    or

    (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;

    (C) intended to affect the structure or function of the body of

    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;

    (C) an isomerization device used or intended for use in

    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

    (C) a substance the control of which is necessary to prevent,

    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

    (C) is authorized by the base hospital or institutional training

    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;

    (C) oil or cake made from the seeds of the plant;

    (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;

    (C) opium poppy and poppy straw; or

    (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;

    (C) a person practicing in and licensed by another state as a

    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;

    (C) the name and quantity of the controlled substance prescribed

    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;

    (C) D-lysergic acid;

    (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;

    (C) a vacuum drier;

    (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

    Register on or after January 1, 1998.

    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.

    (c) A compound, mixture, or preparation containing a stimulant

    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.

    (c) The commissioner may not:

    (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.

    (c) The commissioner shall place a substance in Schedule III if

    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.

    (c) An action by the commissioner that establishes or modifies a

    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.

    (c) A separate registration is required at each principal place

    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.

    (c) The department and the Texas Education Agency shall adopt a

    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.

    (c) The director shall register a person to manufacture,

    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

    (C) an offense reasonably related to the registration sought;

    (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.

    (c) The director shall deposit the collected fees to the credit

    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).

    (c) The director may cancel a registration that was issued in

    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.

    (c) A record required by this section must be made at the time

    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.

    (c) The director may not provide to a federal, state, or local

    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

    I.

    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.

    (c) For the purposes of Subsection (b), bodybuilding, muscle

    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).

    (c) This section does not relieve a practitioner or the

    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).

    (c) Not later than the seventh day after the date a prescribing

    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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