Texas Register, Volume 15, Number 94, (Volume I), Pages [7233-7360], December 18, 1990 Page: 7,304
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by the national commission on the certifica-
tion of physician's assistants.
(34) Possession-Actual care,
custody, control, or management.
(35) Practitioner-
(A) a physician, dentist,
veterinarian, podiatrist, scientific investiga-
tor, 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 admin-
ister a controlled substance in the course of
professional practice or research in this
state; or
(C) a person practicing in
and licensed by another state as a physician,
dentist, veterinarian, or podiatrist, having a
current Drug Enforcement Administration
registration number, who may legally pre-
scribe Schedule II,I , IV, or V controlled
substances in that state.
(36) Prescribe-The act of a
practitioner to authorize a controlled sub-
stance to be dispensed to an ultimate user.
(37) Prescription-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; and
(D) directions for the use
of the drug.
(38) Principal place of busi-
ness-A location where a person manufac-
tures, distributes, dispenses, analyzes, or
possesses a controlled substance. The term
does not include a location where a practi-
tioner dispenses a controlled substance on
an outpatient basis unless the controlledsubstance is stored at that location.
(39) Processing fee-The fee
charged each applicant for registration or
reregistration for the costs necessary for
processing the application and administra-
tion of the Act.
(40) Production-Includes the
manufacturing, planting, cultivating, grow-
ing, or harvesting of a controlled substance.
(41) Provider Pharmacy-A
pharmacy that has a signed agreements with
a long-term care facility (LTCF) to provide
controlled substances and be responsible for
obtaining controlled substances registration
for an emergency medical kit in the LTCF.
(42) Readily retrievable-The
maintenance of records required to be kept
by the Act or these rules by automatic data
processing or mechanized record-keeping
systems in such a manner that they can be
separated from all records in a reasonable
time or records maintained in a manner on
which certain items are asterisked, redlined,
or in some other manner visually identifi-
able apart from other items appearing on
the records.
(43) Registrant-A person who is
registered under the Act, 481.063.
(44) Registration fee-The pro-
cessing fee.
(45) Substitution-The dispens-
ing of a drug or a brand of drug other than
that which is ordered or prescribed.
(46) Supervising physician-A
physician licensed by the Texas State Board
of Medical Examiners either as a doctor of
medicine or doctor of osteopathic medicine
who is assuming responsibility and legal
liability for the services rendered by the
physician assistant and who has been ap-
proved by the board to supervise a specific
physician assistant.
(47) Triplicate prescription
form-An official department prescription
form used to administer, dispense, pre-
scribe, or deliver a Schedule II controlled
substance to an ultimate user.
(48) Ultimate user-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 ani-
mal owned by the person or by a member
of the person's household.
(b) Special instructions. Informa-
tion and special instruction information re-
garding procedures under these rules and
regulations will be furnished upon request
by writing to the Registration Section or
Triplicate Prescription Section, Narcotics
Service, Texas Department of Public Safe-
ty, P .O. Box 4087, Austin, Texas
78773-0001.
13.2. Other State or Federal Laws.(a) Applicability of Texas Penal
Code. Pursuant to the Penal Code, 1.03(b),the provisions of the Penal Code, Chapter 7,
concerning criminal responsibility for con-
duct of another are applicable to the Act.
(b) Applicability of federal and
other state laws or rules. Nothing in these
sections shall be construed as authorizing or
permitting any person to do any act which
such person is not authorized or permitted
to do under federal laws or rules, or under
other state laws or rules nor shall compli-
ance with these rules be construed as com-
pliance with federal or other state laws or
rules unless expressly provided in such
other laws or rules.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and
found to be within the agency's authority to
adopt.
Issued in Austin, Texas, on December 6,
1990.TRD-9013449
Joe E. Milner
Director
Texas Department of
Public SafetyEarliest possible date of adoption: January
18, 1991
For further information, please call: (512)
465-2000
Subchapter B. Registration
* 37 TAC 13.11-13.28
The Texas Department of Public Safety pro-
poses new 13.11-13.28, concerning regis-
tration. This proposal contains new sections
which will replace existing sections that are
proposed for simultaneous repeal. The new
sections promulgate the procedures by which
registrants under the Controlled Substances
Act must follow in order to obtain registration
certificates to manufacture, distribute, ana-
lyze, dispense, or conduct research of any
controlled substance and establishes the cer-
tificate processing fee.
Melvin C. Peeples, assistant chief of fiscal
affairs, has determined that for the first five-
year period the sections are in effect there
will be no fiscal implications for state or local
government as a'result of enforcing or admin-
istering the sections.
B. C. Lyon, captain, narcotics service, has
determined that for each year of the first five
years the sections are in effect the public
benefit anticipated as a result of enforcing the
sections will be to provide improved reorgani-
zation of the Controlled Substances and pre-
cursor/Apparatus Rules and Regulations
sections that will create an easier access of
certain sections that are needed for reference
or referral of specific subjects. There will be
no effect on small businesses. There is no
anticipated economic cost to persons who are
required to comply with the sections as pro-
posed.
Comments on the proposal may be submitted
to John C. West, Jr., Texas Department of
Public Safety, Box 4087, Austin, Texas
78773-0001, (512) 465-2000.
The new sections are proposed under the
Health and Safety Code, which provides the
Texas Department of Public Safety with au-15 TeiReg 7304 December 18, 1990 Texas Register .
1990 Texas Register *
15 TexReg 7304 December 18,
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Texas. Secretary of State. Texas Register, Volume 15, Number 94, (Volume I), Pages [7233-7360], December 18, 1990, periodical, December 18, 1990; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth201791/m1/72/: accessed May 1, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.