HEALTH & SAFETY CODE

SUBTITLE C. SUBSTANCE ABUSE REGULATION AND CRIMES

CHAPTER 481. TEXAS CONTROLLED SUBSTANCES ACT

SUBCHAPTER A. GENERAL PROVISIONS

§ 481.001. SHORT TITLE. This chapter may be cited as
the Texas Controlled Substances Act.

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

§ 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1989, 71st Leg., ch. 1100, § 5.02(b), eff. Sept. 1, 1989;
Acts 1993, 73rd Leg., ch. 351, § 27, eff. Sept. 1, 1993; Acts
1993, 73rd Leg., ch. 789, § 15, eff. Sept. 1, 1993; Acts 1993,
73rd Leg., ch. 900, § 2.01, eff. Sept. 1, 1994; Acts 1997, 75th
Leg., ch. 745, § 1, 2, eff. Jan. 1, 1998; Acts 1999, 76th Leg.,
ch. 145, § 1, 5(1), eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch.
251, § 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1188,
§ 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 88, § 9,
eff. May 20, 2003; Acts 2003, 78th Leg., ch. 1099, § 4, eff.
Sept. 1, 2003.

§ 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, § 3, eff. Jan. 1, 1998.
Amended by Acts 1999, 76th Leg., ch. 1266, § 1, eff. Sept. 1,
1999.

SUBCHAPTER B. SCHEDULES

 

§ 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1997, 75th Leg., ch. 745, § 4, eff. Jan. 1, 1998.

§ 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, § 4, eff. Jan. 1, 1998.
Amended by Acts 2001, 77th Leg., ch. 251, § 2, eff. Sept. 1,
2001.

§ 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1993, 73rd Leg., ch. 532, § 1, eff. Sept. 1, 1993.
Renumbered from V.T.C.A., Health & Safety Code § 481.037 and
amended by Acts 1997, 75th Leg., ch. 745, § 4, eff. Jan. 1, 1998.

§ 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, § 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, § 1, eff. Sept. 1, 1989.
Renumbered from V.T.C.A., Health & Safety Code § 481.038 and
amended by Acts 1997, 75th Leg., ch. 745, § 4, eff. Jan. 1, 1998;
Acts 2003, 78th Leg., ch. 1099, § 5, 17, eff. Sept. 1, 2003.

§ 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, § 1, eff. Sept. 1, 1989.
Renumbered from V.T.C.A., Health & Safety Code § 481.039 and
amended by Acts 1997, 75th Leg., ch. 745, § 4, eff. Jan. 1, 1998.

§ 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, § 1, eff. Sept. 1, 1989.
Renumbered from V.T.C.A., Health & Safety Code § 481.040 and
amended by Acts 1997, 75th Leg., ch. 745, § 4, eff. Jan. 1, 1998.

SUBCHAPTER C. REGULATION OF MANUFACTURE, DISTRIBUTION, AND DISPENSATION OF CONTROLLED SUBSTANCES, CHEMICAL PRECURSORS, AND CHEMICAL LABORATORY APPARATUS

 

§ 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1997, 75th Leg., ch. 745, § 5, eff. Jan. 1, 1998.

§ 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1997, 75th Leg., ch. 745, § 6, eff. Jan. 1, 1998; Acts
2001, 77th Leg., ch. 251, § 3, eff. Sept. 1, 2001; Acts 2001,
77th Leg., ch. 1420, § 21.001(79), eff. Sept. 1, 2001.

§ 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, § 5.02(e), eff. Sept. 1,
1989. Amended by Acts 1997, 75th Leg., ch. 165, § 6.45, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 745, § 7, eff; Jan. 1,
1998.

§ 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1989, 71st Leg., ch. 1100, § 5.02(f), eff. Sept. 1, 1989;
Acts 1993, 73rd Leg., ch. 790, § 19, eff. Sept. 1, 1993; Acts
1995, 74th Leg., ch. 76, § 5.95(49), eff. Sept. 1, 1995; Acts
1997, 75th Leg., ch. 745, § 8, eff. Jan. 1, 1998; Acts 2001, 77th
Leg., ch. 251, § 4, eff. Sept. 1, 2001.

§ 481.064. REGISTRATION FEES. (a) The director may
charge a nonrefundable fee of not more than $25 before processing an
application for annual registration. The director by rule shall
set the amount of the fee at the amount that is 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.
(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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1997, 75th Leg., ch. 745, § 9, eff. Jan. 1, 1998; Acts
2001, 77th Leg., ch. 251, § 5, eff. Sept. 1, 2001.

§ 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, § 1, eff. Sept. 1, 1989.

§ 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1997, 75th Leg., ch. 745, § 10, eff. Jan. 1, 1998; Acts
2001, 77th Leg., ch. 251, § 6, eff. Sept. 1, 2001.

§ 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 2001, 77th Leg., ch. 251, § 7, eff. Sept. 1, 2001.

§ 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 2001, 77th Leg., ch. 251, § 8, eff. Sept. 1, 2001.

§ 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1989, 71st Leg., ch. 1100, § 5.02(g), eff. Sept. 1, 1989.

§ 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, § 1, eff. Sept. 1, 1989.

§ 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1989, 71st Leg., ch. 1100, § 5.03(b), eff. Sept. 1, 1989;
Acts 1997, 75th Leg., ch. 745, § 11, eff. Jan. 1, 1998.

§ 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, § 1, eff. Sept. 1, 1989.

§ 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 2001, 77th Leg., ch. 251, § 9, eff. Sept. 1, 2001; Acts
2001, 77th Leg., ch. 1420, § 14.794, eff. Sept. 1, 2001.

§ 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, 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) of this
section, a person may not fill a prescription for a controlled
substance listed in Schedule II after the end of the seventh day
after the date on which the prescription is issued. A person may
not refill a prescription for a substance listed in Schedule II.
(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 patient may be classified
as having a terminal illness, the pharmacist must contact the
practitioner before partially filling the prescription. Both the
pharmacist and the practitioner have a corresponding
responsibility to assure that the controlled substance is for a
terminally ill patient. The pharmacist must record the
prescription on an official prescription form and must indicate on
the form whether the patient is "terminally ill" or an "LTCF
patient." A prescription that is partially filled and does not
contain the notation "terminally ill" or "LTCF patient" is
considered to have been filled in violation of this chapter. For
each partial filling, the dispensing pharmacist shall record on the
back of the official prescription form the date of the partial
filling, the quantity dispensed, the remaining quantity authorized
to be dispensed, and the identification of the dispensing
pharmacist. Before any subsequent partial filling, the pharmacist
must determine that the additional partial filling is necessary.
The total quantity of Schedule II controlled substances dispensed
in all partial fillings may not exceed the total quantity
prescribed. Schedule II prescriptions for patients in a long-term
care facility or patients with a medical diagnosis documenting a
terminal illness are valid for a period not to exceed 60 days
following the issue date unless sooner terminated by discontinuance
of the medication.
(g) A person may not dispense a controlled substance in
Schedule III or IV that is a prescription drug under the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et seq.) without
a written, oral, or telephonically communicated prescription of a
practitioner defined by Section 481.002(39)(A), except that the
practitioner may dispense the substance directly to an ultimate
user. A prescription for a controlled substance listed in Schedule
III or IV may not be filled or refilled later than six months after
the date on which the prescription is issued and may not be refilled
more than five times, unless the prescription is renewed by the
practitioner.
(h) A pharmacist may dispense a controlled substance listed
in Schedule III, IV, or V under an original written prescription
issued by a practitioner defined by Section 481.002(39)(C) and only
if the pharmacist determines that the prescription was issued for a
valid medical purpose and in the course of professional practice. A
prescription issued under this subsection may not be filled or
refilled later than six months after the date the prescription is
issued, and a prescription authorized to be refilled on the
original prescription may not be refilled more than five times.
(i) A person may not dispense a controlled substance listed
in Schedule V and containing 200 milligrams or less of codeine, or
any of its salts, per 100 milliliters or per 100 grams, or
containing 100 milligrams or less of dihydrocodeine, or any of its
salts, per 100 milliliters or per 100 grams, without the
prescription of a practitioner defined by Section 481.002(39)(A),
except that a practitioner may dispense the substance directly to
an ultimate user. A prescription issued under this subsection may
not be filled or refilled later than six months after the date the
prescription is issued and may not be refilled more than five times,
unless the prescription is renewed by the practitioner.
(j) A practitioner or institutional practitioner may not
allow a patient, on the patient's release from the hospital, to
possess a controlled substance prescribed by the practitioner
unless:
(1) the substance was dispensed under a medication
order while the patient was admitted to the hospital;
(2) the substance is in a properly labeled container;
and
(3) the patient possesses not more than a seven-day
supply of the substance.
(k) A prescription for a controlled substance must show:
(1) the quantity of the substance prescribed:
(A) numerically, followed by the number written
as a word, if the prescription is written; or
(B) if the prescription is communicated orally or
telephonically, as transcribed by the receiving pharmacist;
(2) the date of issue;
(3) 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;
(4) the name and strength of the controlled substance
prescribed;
(5) the directions for use of the controlled
substance;
(6) the intended use of the substance prescribed
unless the practitioner determines the furnishing of this
information is not in the best interest of the patient; and
(7) 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.
(l) A pharmacist may exercise his professional judgment in
refilling a prescription for a controlled substance in Schedule
III, IV, or V without the authorization of the prescribing
practitioner provided:
(1) failure to refill the prescription might result in
an interruption of a therapeutic regimen or create patient
suffering;
(2) either:
(A) a natural or manmade disaster has occurred
which prohibits the pharmacist from being able to contact the
practitioner; or
(B) the pharmacist is unable to contact the
practitioner after reasonable effort;
(3) the quantity of prescription drug dispensed does
not exceed a 72-hour supply;
(4) the pharmacist informs the patient or the
patient's agent at the time of dispensing that the refill is being
provided without such authorization and that authorization of the
practitioner is required for future refills; and
(5) the pharmacist informs the practitioner of the
emergency refill at the earliest reasonable time.
(m) A pharmacist may permit the delivery of a controlled
substance by an authorized delivery person, by a person known to the
pharmacist, a pharmacist intern, or the authorized delivery person,
or by mail to the person or address of the person authorized by the
prescription to receive the controlled substance. If a pharmacist
permits delivery of a controlled substance under this subsection,
the pharmacist shall retain in the records of the pharmacy for a
period of not less than two years:
(1) the name of the authorized delivery person, if
delivery is made by that person;
(2) the name of the person known to the pharmacist, a
pharmacist intern, or the authorized delivery person if delivery is
made by that person; or
(3) the mailing address to which delivery is made, if
delivery is made by mail.
(n) A pharmacist may permit the delivery of a controlled
substance to a person not known to the pharmacist, a pharmacist
intern, or the authorized delivery person without first requiring
the identification of the person to whom the controlled substance
is delivered if the pharmacist determines that an emergency exists
and that the controlled substance is needed for the immediate
well-being of the patient for whom the controlled substance is
prescribed. If a pharmacist permits delivery of a controlled
substance under this subsection, the pharmacist shall retain in the
records of the pharmacy for a period of not less than two years all
information relevant to the delivery known to the pharmacist,
including the name, address, and date of birth or age of the person
to whom the controlled substance is delivered.
(o) A pharmacist may dispense a Schedule II controlled
substance pursuant to a facsimile copy of an official prescription
completed in the manner required by Section 481.075 and transmitted
by the practitioner or the practitioner's agent to the pharmacy if:
(1) the prescription is written for:
(A) a Schedule II narcotic or nonnarcotic
substance for a patient in a long-term care facility (LTCF), and the
practitioner notes on the prescription "LTCF patient";
(B) a Schedule II narcotic product to be
compounded for the direct administration to a patient by
parenteral, intravenous, intramuscular, subcutaneous, or
intraspinal infusion; or
(C) a Schedule II narcotic substance for a
patient with a medical diagnosis documenting a terminal illness or
a patient enrolled in a hospice care program certified or paid for
by Medicare under Title XVIII, Social Security Act (42 U.S.C.
Section 1395 et seq.), as amended, or a hospice program that is
licensed under Chapter 142, and the practitioner or the
practitioner's agent notes on the prescription "terminally ill" or
"hospice patient"; and
(2) the prescribing practitioner promptly complies
with Subsection (p).
(p) Not later than the seventh day after the date a
prescribing practitioner transmits the facsimile copy of the
official prescription to the pharmacy, the prescribing
practitioner shall deliver in person or mail the official written
prescription 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 official prescription was written. On receipt of
the prescription, the dispensing pharmacy shall file the facsimile
copy of the prescription with the official prescription and shall
send information to the director as required by Section 481.075.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1989, 71st Leg., ch. 1100, § 5.02(h), eff. Sept. 1, 1989;
Acts 1991, 72nd Leg., ch. 615, § 10, eff. Sept. 1, 1991; Acts
1991, 72nd Leg., ch. 761, § 6, eff. Sept. 1, 1991; Acts 1993,
73rd Leg., ch. 351, § 28, eff. Sept. 1, 1993; Acts 1993, 73rd
Leg., ch. 789, § 16, eff. Sept. 1, 1993; Acts 1997, 75th Leg.,
ch. 745, § 12, 13, eff. Jan. 1, 1998; Acts 1999, 76th Leg., ch.
145, § 2, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 251, §
10, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1254, § 10,
eff. Sept. 1, 2001.

§ 481.075. OFFICIAL PRESCRIPTION PROGRAM. (a) A
practitioner who prescribes a controlled substance listed in
Schedule II shall, except as provided by rule adopted under Section
481.0761, record the prescription on an official prescription form
that includes the information required by this section.
(b) Each official prescription form must be sequentially
numbered.
(c) The director shall issue official prescription forms to
practitioners for a fee covering the actual cost of printing,
processing, and mailing the forms at 100 a package. Before mailing
or otherwise delivering prescription forms to a practitioner, the
director shall print on each form the number of the form and any
other information the director determines is necessary.
(d) A person may not obtain an official prescription form
unless the person is a practitioner as defined by Section
481.002(39)(A) or an institutional practitioner.
(e) Each official prescription form used to prescribe a
Schedule II controlled substance must contain:
(1) information provided by the prescribing
practitioner, including:
(A) the date the prescription is written;
(B) the controlled substance prescribed;
(C) the quantity of controlled substance
prescribed, shown numerically followed by the number written as a
word;
(D) the intended use of the controlled substance
or the diagnosis for which it is prescribed and the instructions for
use of the substance;
(E) the practitioner's name, address, department
registration number, and Federal Drug Enforcement Administration
number; and
(F) the name, address, and date of birth or age of
the person for whom the controlled substance is prescribed;
(2) information provided by the dispensing
pharmacist, including the date the prescription is filled; and
(3) the signatures of the prescribing practitioner and
the dispensing pharmacist.
(f) Not more than one prescription may be recorded on an
official prescription form, except as provided by rule adopted
under Section 481.0761.
(g) Except for an oral prescription prescribed under
Section 481.074(b), the prescribing practitioner shall:
(1) legibly fill in, or direct a designated agent to
legibly fill in, on the official prescription form, each item of
information required to be provided by the prescribing practitioner
under Subsection (e)(1), unless the practitioner determines that:
(A) under rule adopted by the director for this
purpose, it is unnecessary for the practitioner or the
practitioner's agent to provide the patient identification number;
or
(B) it is not in the best interest of the patient
for the practitioner or practitioner's agent to provide information
regarding the intended use of the controlled substance or the
diagnosis for which it is prescribed; and
(2) sign the official prescription form and give the
form to the person authorized to receive the prescription.
(h) In the case of an oral prescription prescribed under
Section 481.074(b), the prescribing practitioner shall give the
dispensing pharmacy the information needed to complete the form.
(i) Each dispensing pharmacist shall:
(1) fill in on the official prescription form each
item of information given orally to the dispensing pharmacy under
Subsection (h), the date the prescription is filled, and the
dispensing pharmacist's signature;
(2) retain with the records of the pharmacy for at
least two years:
(A) the official prescription form; and
(B) the name or other patient identification
required by Section 481.074(m) or (n); and
(3) send all information required by the director,
including any information required to complete an official
prescription form, to the director by electronic transfer or
another form approved by the director not later than the 15th day
after the last day of the month in which the prescription is
completely filled.
(j) A medication order written for a patient who is admitted
to a hospital at the time the medication order is written and filled
is not required to be on a form that meets the requirements of this
section.
(k) Not later than the 30th day after the date a
practitioner's department registration number, Federal Drug
Enforcement Administration number, or license to practice has been
denied, suspended, canceled, surrendered, or revoked, the
practitioner shall return to the department all official
prescription forms in the practitioner's possession that have not
been used for prescriptions.
(l) Each prescribing practitioner:
(1) may use an official prescription form only to
prescribe a controlled substance;
(2) shall date or sign an official prescription form
only on the date the prescription is issued; and
(3) shall take reasonable precautionary measures to
ensure that an official prescription form issued to the
practitioner is not used by another person to violate this
subchapter or a rule adopted under this subchapter.
(m) A pharmacy in this state may fill a prescription for a
controlled substance listed in Schedule II issued by a practitioner
in another state if:
(1) a share of the pharmacy's business involves the
dispensing and delivery or mailing of controlled substances;
(2) the prescription is issued by a prescribing
practitioner in the other state in the ordinary course of practice;
and
(3) the prescription is filled in compliance with a
written plan providing the manner in which the pharmacy may fill a
Schedule II prescription issued by a practitioner in another state
that:
(A) is submitted by the pharmacy to the director;
and
(B) is approved by the director in consultation
with the Texas State Board of Pharmacy.
(n) Repealed by Acts 1999, 76th Leg., ch. 145, § 5(2),
eff. Sept. 1, 1999.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1989, 71st Leg., ch. 1100, § 5.02(i), eff. Sept. 1, 1989;
Acts 1993, 73rd Leg., ch. 789, § 17, eff. Sept. 1, 1993; Acts
1997, 75th Leg., ch. 745, § 14, eff. Jan. 1, 1998; Acts 1999,
76th Leg., ch. 145, § 3, 5(2), eff. Sept. 1, 1999; Acts 2001,
77th Leg., ch. 251, § 11, eff. Sept. 1, 2001.

§ 481.076. OFFICIAL PRESCRIPTION INFORMATION. (a) The
director may not permit any person to have access to information
submitted to the director under Section 481.075 except:
(1) an investigator for the Texas State Board of
Medical Examiners, the Texas State Board of Podiatric Medical
Examiners, the State Board of Dental Examiners, the State Board of
Veterinary Medical Examiners, or the Texas State Board of Pharmacy;
(2) an authorized officer or member of the department
engaged in the administration, investigation, or enforcement of
this chapter or another law governing illicit drugs in this state or
another state; or
(3) if the director finds that proper need has been
shown to the director:
(A) a law enforcement or prosecutorial official
engaged in the administration, investigation, or enforcement of
this chapter or another law governing illicit drugs in this state or
another state;
(B) a pharmacist or practitioner who is a
physician, dentist, veterinarian, or podiatrist and is inquiring
about the recent Schedule II prescription history of a particular
patient of the practitioner; or
(C) a pharmacist or practitioner who is inquiring
about the person's own dispensing or prescribing activity.
(b) This section does not prohibit the director from
creating, using, or disclosing statistical data about information
received by the director under this section if the director removes
any information reasonably likely to reveal the identity of each
patient, practitioner, or other person who is a subject of the
information.
(c) The director by rule shall design and implement a system
for submission of information to the director by electronic or
other means and for retrieval of information submitted to the
director under this section and Section 481.075. The director
shall use automated information security techniques and devices to
preclude improper access to the information. The director shall
submit the system design to the Texas State Board of Pharmacy and
the Texas State Board of Medical Examiners for review and approval
or comment a reasonable time before implementation of the system
and shall comply with the comments of those agencies unless it is
unreasonable to do so.
(d) Information submitted to the director under this
section may be used only for:
(1) the administration, investigation, or enforcement
of this chapter or another law governing illicit drugs in this state
or another state;
(2) investigatory or evidentiary purposes in
connection with the functions of an agency listed in Subsection
(a)(1); or
(3) dissemination by the director to the public in the
form of a statistical tabulation or report if all information
reasonably likely to reveal the identity of each patient,
practitioner, or other person who is a subject of the information
has been removed.
(e) The director shall remove from the information
retrieval system, destroy, and make irretrievable the record of the
identity of a patient submitted under this section to the director
not later than the end of the 12th calendar month after the month in
which the identity is entered into the system. However, the
director may retain a patient identity that is necessary for use in
a specific ongoing investigation conducted in accordance with this
section until the 30th day after the end of the month in which the
necessity for retention of the identity ends.
(f) If the director permits access to information under
Subsection (a)(2) relating to a person licensed or regulated by an
agency listed in Subsection (a)(1), the director shall notify and
cooperate with that agency regarding the disposition of the matter
before taking action against the person, unless the director
determines that notification is reasonably likely to interfere with
an administrative or criminal investigation or prosecution.
(g) If the director permits access to information under
Subsection (a)(3)(A) relating to a person licensed or regulated by
an agency listed in Subsection (a)(1), the director shall notify
that agency of the disclosure of the information not later than the
10th working day after the date the information is disclosed.
(h) If the director withholds notification to an agency
under Subsection (f), the director shall notify the agency of the
disclosure of the information and the reason for withholding
notification when the director determines that notification is no
longer likely to interfere with an administrative or criminal
investigation or prosecution.
(i) Information submitted to the director under Section
481.075 is confidential and remains confidential regardless of
whether the director permits access to the information under this
section.
(j) Repealed by Acts 1999, 76th Leg., ch. 145, § 5(3),
eff. Sept. 1, 1999.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1995, 74th Leg., ch. 965, § 81, eff. June 16, 1995; Acts
1997, 75th Leg., ch. 745, § 15, eff. Jan. 1, 1998; Acts 1999,
76th Leg., ch. 145, § 4, 5(3), eff. Sept. 1, 1999.

§ 481.0761. RULES; AUTHORITY TO CONTRACT. (a) The
director shall consult with the Texas State Board of Pharmacy and by
rule establish and revise as necessary a standardized database
format that may be used by a pharmacy to transmit the information
required by Section 481.075(i) to the director electronically or to
deliver the information on storage media, including disks, tapes,
and cassettes.
(b) The director shall consult with the Texas Department of
Health, the Texas State Board of Pharmacy, and the Texas State Board
of Medical Examiners and by rule may:
(1) remove a controlled substance listed in Schedule
II from the official prescription program, if the director
determines that the burden imposed by the program substantially
outweighs the risk of diversion of the particular controlled
substance; or
(2) return a substance previously removed from
Schedule II to the official prescription program, if the director
determines that the risk of diversion substantially outweighs the
burden imposed by the program on the particular controlled
substance.
(c) The director by rule may:
(1) permit more than one prescription to be
administered or dispensed and recorded on one official prescription
form;
(2) remove from or return to the official prescription
program any aspect of a practitioner's or pharmacist's hospital
practice, including administering or dispensing;
(3) waive or delay any requirement relating to the
time or manner of reporting;
(4) establish compatibility protocols for electronic
data transfer hardware, software, or format;
(5) establish a procedure to control the release of
information under Sections 481.075 and 481.076; and
(6) establish a minimum level of prescription activity
below which a reporting activity may be modified or deleted.
(d) The director by rule shall authorize a practitioner to
determine whether it is necessary to obtain a particular patient
identification number and to provide that number on the official
prescription form.
(e) In adopting a rule relating to the electronic transfer
of information under this subchapter, the director shall consider
the economic impact of the rule on practitioners and pharmacists
and, to the extent permitted by law, act to minimize any negative
economic impact, including the imposition of costs related to
computer hardware or software or to the transfer of information.
The director may not adopt a rule relating to the electronic
transfer of information under this subchapter that imposes a fee in
addition to the fee authorized by Section 481.064.
(f) The director may authorize a contract between the
department and another agency of this state or a private vendor as
necessary to ensure the effective operation of the official
prescription program.
(g) Repealed by Acts 1999, 76th Leg., ch. 145, § 5(4),
eff. Sept. 1, 1999.

Added by Acts 1997, 75th Leg., ch. 745, § 16, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 145, § 5(4), eff. Sept. 1,
1999.

§ 481.077. CHEMICAL PRECURSOR RECORDS AND
REPORTS. (a) Except as provided by Subsection (l), a person who
sells, transfers, or otherwise furnishes a chemical precursor to
another person shall make an accurate and legible record of the
transaction and maintain the record for at least two years after the
date of the transaction.
(b) The director by rule may:
(1) name an additional chemical substance as a
chemical precursor for purposes of Subsection (a) if the director
determines that public health and welfare are jeopardized by
evidenced proliferation or use of the chemical substance in the
illicit manufacture of a controlled substance or controlled
substance analogue; or
(2) exempt a chemical precursor from the requirements
of Subsection (a) if the director determines that the chemical
precursor does not jeopardize public health and welfare or is not
used in the illicit manufacture of a controlled substance or a
controlled substance analogue.
(b-1) If the director names a chemical substance as a
chemical precursor for purposes of Subsection (a) or designates a
substance as an immediate precursor, a substance that is a
precursor of the chemical precursor or the immediate precursor is
not subject to control solely because it is a precursor of the
chemical precursor or the immediate precursor.
(c) This section and Section 481.078 do not apply to a
person to whom a registration has been issued under Section
481.063.

(d) Before selling, transferring, or otherwise furnishing
to a person in this state a chemical precursor subject to Subsection
(a), a manufacturer, wholesaler, retailer, or other person shall:
(1) if the recipient does not represent a business,
obtain from the recipient:
(A) the recipient's driver's license number or
other personal identification certificate number, date of birth,
and residential or mailing address, other than a post office box
number, from a driver's license or personal identification
certificate issued by the department that contains a photograph of
the recipient;
(B) the year, state, and number of the motor
vehicle license of the motor vehicle owned or operated by the
recipient;
(C) a complete description of how the chemical
precursor is to be used; and
(D) the recipient's signature; or
(2) if the recipient represents a business, obtain
from the recipient:
(A) a letter of authorization from the business
that includes the business license or comptroller tax
identification number, address, area code, and telephone number and
a complete description of how the chemical precursor is to be used;
and
(B) the recipient's signature; and
(3) for any recipient, sign as a witness to the
signature and identification of the recipient.
(e) If the recipient does not represent a business, the
recipient shall present to the manufacturer, wholesaler, retailer,
or other person a permit issued in the name of the recipient by the
department under Section 481.078.
(f) Except as provided by Subsection (h), a manufacturer,
wholesaler, retailer, or other person who sells, transfers, or
otherwise furnishes to a person in this state a chemical precursor
subject to Subsection (a) shall submit, at least 21 days before the
delivery of the chemical precursor, a report of the transaction on a
form obtained from the director that includes the information
required by Subsection (d).
(g) The director shall supply to a manufacturer,
wholesaler, retailer, or other person who sells, transfers, or
otherwise furnishes a chemical precursor subject to Subsection (a)
a form for the submission of:
(1) the report required by Subsection (f);
(2) the name and measured amount of the chemical
precursor delivered; and
(3) any other information required by the director.
(h) The director may authorize a manufacturer, wholesaler,
retailer, or other person to submit a comprehensive monthly report
instead of the report required by Subsection (f) if the director
determines that:
(1) there is a pattern of regular supply and purchase
of the chemical precursor between the furnisher and the recipient;
or
(2) the recipient has established a record of use of
the chemical precursor solely for a lawful purpose.
(i) A manufacturer, wholesaler, retailer, or other person
who receives from a source outside this state a chemical precursor
subject to Subsection (a) or who discovers a loss or theft of a
chemical precursor subject to Subsection (a) shall:
(1) submit a report of the transaction to the director
in accordance with department rule; and
(2) include in the report:
(A) any difference between the amount of the
chemical precursor actually received and the amount of the chemical
precursor shipped according to the shipping statement or invoice;
or
(B) the amount of the loss or theft.
(j) A report under Subsection (i) must:
(1) be made not later than the third day after the date
that the manufacturer, wholesaler, retailer, or other person learns
of the discrepancy, loss, or theft; and
(2) if the discrepancy, loss, or theft occurred during
a shipment of the chemical precursor, include the name of the common
carrier or person who transported the chemical precursor and the
date that the chemical precursor was shipped.
(k) Unless the person is the holder of only a permit issued
under Section 481.078(b)(1), a manufacturer, wholesaler, retailer,
or other person who sells, transfers, or otherwise furnishes any
chemical precursor subject to Subsection (a) or a permit holder,
commercial purchaser, or other person who receives a chemical
precursor subject to Subsection (a):
(1) shall maintain records and inventories in
accordance with rules established by the director;
(2) shall allow a member of the department or a peace
officer to conduct audits and inspect records of purchases and
sales and all other records made in accordance with this section at
any reasonable time; and
(3) may not interfere with the audit or with the full
and complete inspection or copying of those records.
(l) This section does not apply to the sale or transfer of a
nonnarcotic product that:
(1) includes:
(A) ephedrine;
(B) pseudoephedrine;
(C) norpseudoephedrine; or
(D) phenylpropanolamine; and
(2) is sold with a prescription or over the counter in
accordance with a federal statute or rule.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1989, 71st Leg., ch. 1100, § 5.02(k), eff. Sept. 1, 1989;
Acts 1997, 75th Leg., ch. 745, § 17, eff. Jan. 1, 1998; Acts
2001, 77th Leg., ch. 251, § 12, eff. Sept. 1, 2001; Acts 2003,
78th Leg., ch. 570, § 1, eff. Sept. 1, 2003; Acts 2003, 78th
Leg., ch. 1099, § 6, eff. Sept. 1, 2003.

§ 481.078. CHEMICAL PRECURSOR TRANSFER PERMIT. (a) A
person must obtain a chemical precursor transfer permit from the
department to be eligible:
(1) to sell, transfer, or otherwise furnish a chemical
precursor subject to Section 481.077(a) to a person in this state;
(2) to receive a chemical precursor subject to Section
481.077(a) from a source outside this state; or
(3) to receive a chemical precursor subject to Section
481.077(a) if the person, in receiving the chemical precursor, does
not represent a business.
(b) The director by rule shall adopt procedures and
standards for the issuance and renewal or the voluntary surrender,
cancellation, suspension, probation, or revocation of:
(1) a permit for one sale, transfer, receipt, or
otherwise furnishing of a chemical precursor; or
(2) a permit for more than one sale, transfer,
receipt, or otherwise furnishing of a chemical precursor.
(c) A permit issued or renewed under Subsection (b)(1) is
valid only for the transaction indicated on the permit. A permit
issued or renewed under Subsection (b)(2) is valid for one year
after the date of issuance or renewal.
(d) A permit holder must report in writing or by telephone
to the director a change in the holder's business name, address,
area code, and telephone number not later than the seventh day after
the date of the change.
(e) The director may not issue a permit under this section
unless the person applying for the permit delivers to the director a
written consent to inspect signed by the person that grants to the
director the right to inspect any controlled premises, record,
chemical precursor, or other item governed by this chapter in the
care, custody, or control of the person. After the director
receives the consent, the director may inspect any controlled
premises, record, chemical precursor, or other item to which the
consent applies.
(f) The director may adopt rules to establish security
controls and provide for the inspection of a place, entity, or item
to which a chemical precursor transfer permit applies.

Added by Acts 1989, 71st Leg., ch. 1100, § 5.02(l), eff. Sept. 1,
1989. Amended by Acts 1997, 75th Leg., ch. 745, § 18, eff. Jan.
1, 1998; Acts 2001, 77th Leg., ch. 251, § 13, eff. Sept. 1, 2001.

§ 481.080. CHEMICAL LABORATORY APPARATUS RECORD-KEEPING
REQUIREMENTS AND PENALTIES. (a) A manufacturer, wholesaler,
retailer, or other person who sells, transfers, or otherwise
furnishes a chemical laboratory apparatus shall make an accurate
and legible record of the transaction and maintain the record for at
least two years after the date of the transaction.
(b) The director may adopt rules to implement this section.
(c) The director by rule may:
(1) name an additional item of equipment as a chemical
laboratory apparatus for purposes of Subsection (a) if the director
determines that public health and welfare are jeopardized by
evidenced proliferation or use of the item of equipment in the
illicit manufacture of a controlled substance or controlled
substance analogue; or
(2) exempt a chemical laboratory apparatus from the
requirement of Subsection (a) if the director determines that the
apparatus does not jeopardize public health and welfare or is not
used in the illicit manufacture of a controlled substance or a
controlled substance analogue.
(d) This section and Section 481.081 do not apply to a
person to whom a registration has been issued under Section
481.063.
(e) Before selling, transferring, or otherwise furnishing
to a person in this state a chemical laboratory apparatus subject to
Subsection (a), a manufacturer, wholesaler, retailer, or other
person shall:
(1) if the recipient does not represent a business,
obtain from the recipient:
(A) the recipient's driver's license number or
other personal identification certificate number, date of birth,
and residential or mailing address, other than a post office box
number, from a driver's license or personal identification
certificate issued by the department that contains a photograph of
the recipient;
(B) the year, state, and number of the motor
vehicle license of the motor vehicle owned or operated by the
recipient;
(C) a complete description of how the apparatus
is to be used; and
(D) the recipient's signature; or
(2) if the recipient represents a business, obtain
from the recipient:
(A) a letter of authorization from the business
that includes the business license or comptroller tax
identification number, address, area code, and telephone number and
a complete description of how the apparatus is to be used; and
(B) the recipient's signature; and
(3) for any recipient, sign as a witness to the
signature and identification of the recipient.
(f) If the recipient does not represent a business, the
recipient shall present to the manufacturer, wholesaler, retailer,
or other person a permit issued in the name of the recipient by the
department under Section 481.081.
(g) Except as provided by Subsection (i), a manufacturer,
wholesaler, retailer, or other person who sells, transfers, or
otherwise furnishes to a person in this state a chemical laboratory
apparatus subject to Subsection (a) shall, at least 21 days before
the delivery of the apparatus, submit a report of the transaction on
a form obtained from the director that includes the information
required by Subsection (e).
(h) The director shall supply to a manufacturer,
wholesaler, retailer, or other person who sells, transfers, or
otherwise furnishes a chemical laboratory apparatus subject to
Subsection (a) a form for the submission of:
(1) the report required by Subsection (g);
(2) the name and number of apparatus delivered; and
(3) any other information required by the director.
(i) The director may authorize a manufacturer, wholesaler,
retailer, or other person to submit a comprehensive monthly report
instead of the report required by Subsection (g) if the director
determines that:
(1) there is a pattern of regular supply and purchase
of the apparatus between the furnisher and the recipient; or
(2) the recipient has established a record of use of
the apparatus solely for a lawful purpose.
(j) A manufacturer, wholesaler, retailer, or other person
who receives from a source outside this state a chemical laboratory
apparatus subject to Subsection (a) or who discovers a loss or theft
of such an apparatus shall:
(1) submit a report of the transaction to the director
in accordance with department rule; and
(2) include in the report:
(A) any difference between the number of the
apparatus actually received and the number of the apparatus shipped
according to the shipping statement or invoice; or
(B) the number of the loss or theft.
(k) A report under Subsection (j) must:
(1) be made not later than the third day after the date
that the manufacturer, wholesaler, retailer, or other person learns
of the discrepancy, loss, or theft; and
(2) if the discrepancy, loss, or theft occurred during
a shipment of the apparatus, include the name of the common carrier
or person who transported the apparatus and the date that the
apparatus was shipped.
(l) This subsection applies to a manufacturer, wholesaler,
retailer, or other person who sells, transfers, or otherwise
furnishes any chemical laboratory apparatus subject to Subsection
(a) and to a permit holder, commercial purchaser, or other person
who receives such an apparatus unless the person is the holder of
only a permit issued under Section 481.081(b)(1). A person covered
by this subsection:
(1) shall maintain records and inventories in
accordance with rules established by the director;
(2) shall allow a member of the department or a peace
officer to conduct audits and inspect records of purchases and
sales and all other records made in accordance with this section at
any reasonable time; and
(3) may not interfere with the audit or with the full
and complete inspection or copying of those records.

Added by Acts 1989, 71st Leg., ch. 1100, § 5.02(l), eff. Sept. 1,
1989. Amended by Acts 1997, 75th Leg., ch. 745, § 19, eff. Jan.
1, 1998; Acts 2001, 77th Leg., ch. 251, § 14, eff. Sept. 1, 2001.

§ 481.081. CHEMICAL LABORATORY APPARATUS TRANSFER
PERMIT. (a) A person must obtain a chemic