Texas Register, Volume 15, Number 94, (Volume I), Pages [7233-7360], December 18, 1990 Page: 7,305
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thority to promulgate rules and regulations to
administer the provisions of this Act.
13.11. Persons Required to Register.
(a) Every person who manufac-
tures, distributes, analyzes, dispenses, or
conducts research of any controlled sub-
stance under the Act shall obtain an annual
registration from the department, unless ex-
empted by law or pursuant to these sections.
Only persons actually engaged in such ac-
tivities are required to obtain a registration;
related or affiliated persons who are not
engaged in such activities are not required
to be registered. For example, a stockhold-
er, or parent corporation of a corporation
manufacturing controlled substances is not
required to obtain a registration.
(b) Persons registered by the de-
partment under the Act to manufacture, dis-
tribute, dispense, analyze, or conduct
research with controlled substances may
possess, manufacture, distribute, dispense,
analyze, or conduct research with those sub-
stances to the extent authorized by their
registration and in conformity with the
other provisions of the Act.
13.12. Registration Requirements.
(a) The director shall register an ap-
plicant to manufacture or distribute con-
trolled substances included in Schedules II-
V if:
(1) applicant is registered for
such purposes pursuant to the Federal Con-
trolled Substances Act;
(2) there is an exception to para-
graph (1) of this subsection that only re-
quires an applicant to register with the
department when the controlled substances
are not listed in the Federal Controlled Sub-
stances Act, provided the applicant is li-
censed by the appropriate state licensing
board;
(3) the applicant has made
proper application and paid the applicable
fee; and
(4) the applicant has not been
found by the director to have violated any
provision of the Act, 481.063.
(b) The director shall register an
applicant to dispense any controlled sub-
stances in Schedules II-V or to conduct
research with controlled substances in
Schedules II-V if:
(1) the applicant is a practitioner
licensed under the laws of this state;
(2) the applicant is authorized to
conduct the activities set out in the Act,
481.065;
(3) the applicant has made
proper application and paid the applicable
fee; and(4) the applicant has not been
found by the director to have violated any
provision of the Act, 481.063.(c) The director shall register an ap-
plicant to conduct research with controlled
substances in Schedule I, if:
(1) the applicant is a practitioner
licensed under the laws of this state;
(2) the applicant is authorized to
conduct the activities set out in the Act,
481.065;
(3) the applicant has furnished
the director evidence of registration for
such purpose pursuant to the Federal Con-
trolled Substances Act;
(4) the applicant has furnished
the department a complete resume of all
research purposes relative to any controlled
substances. Such resume may be a duplicate
of an application submitted to the Drug
Enforcement Administration, Washington,
D.C., for research authority, and becomes a
part of the appli- cant's application for all
purposes. If approved by the department,
such research shall be conducted in the
manner as detailed in said resume and uti-
lizing only controlled substances specifi-
cally set forth in said resume. The
furnishing of false or fraudulent material
information in any application filed under
this Act shall be grounds for revocation or
suspension under the Act, 481.063;
(5) the applicant has made
proper application and paid the applicable
fee; and
(6) the applicant has not been
found by the director to have violated any
provision of the Act, 481.063.
(A) Persons lawfully autho-
rized under the Act and the Federal Con-
trolled Substances Act to conduct research
in the use and effects of controlled sub-
stances are granted permission to withhold
names and other identifying characteristics
of individuals who are the subjects of the
research.
(B) Persons lawfully autho-
rized under the Act and Federal Controlled
Substances Act to conduct research may
possess, plant, and cultivate controlled sub-
stances and are exempt from state prosecu-
tion for possession of controlled substances
to the extent of the authorization.
(d) The director shall register an
applicant to analyze controlled substances
in Schedules I-V, if:
(1) the applicant has furnished
the Director evidence of registration for
such purpose pursuant to the Federal Con-
trolled Substances Act;
(2) the applicant has made
proper application and paid applicable fee;
and
(3) the applicant has not beenfound by the director to have violated any
provision of the Act, 481.063.13.13. Consent Form.
(a) No registration to manufacture,
distribute, analyze, or conduct research with
controlled substances shall be issued with-
out a signed consent form executed by the
applicant granting the director the right to
inspect the controlled premises as defined
in the Act.
(b) No registration to dispense con-
trolled substances shall be issued without a
signed consent form executed by the appli-
cant granting the director the right to in-
spect records required to be kept by the Act
and these rules and regulations.
13.14. Separate Registration for Separate
Location.
(a) A separate application shall be
made and a separate registration obtained
for each principal place of business or pro-
fessional practice where the applicant man-
ufactures, distributes, dispenses, analyzes,
or possesses controlled substances. The fol-
lowing locations shall not be deemed places
where controlled substances are manufac-
tured, distributed, dispensed, analyzed, or
research is conducted:
(1) a warehouse where con-
trolled substances are stored by or on behalf
of a registered person, unless such sub-
stances are distributed directly from such
warehouse to registered locations other than
the registered location from which the sub-
stances were delivered or to persons not
required to register by virtue of 13.15 of
this title (relating to Persons Exempt from
Registration);
(2) an office used by agents of a
registrant where sales of controlled sub-
stances are solicited, made, or supervised
but which neither contains such substances
other than substances for display purposes
or lawful distribution as samples only, nor
serves as a distribution point for filling sa-'
les orders; and
(3) an office used by a practitio-
ner who is registered at another location
where controlled substances are prescribed
but neither administered nor otherwise dis-
pensed as a regular part of the professional
practice of the practitioner at such office,
and where no supplies of controlled sub-
stances are maintained.
(b) A separate registration shall not
be required for a practitioner engaged in
research with nonnarcotic controlled sub-
stances in Schedules H-V, where the regis-
trant is already registered in another
capacity.
13.15. Persons Exempt from Registra-
tion. The following persons need not reg-
ister and may lawfully possess controlled
substances under this Act:(1) an agent or employee of any
registered manufacturer, distributor,* Proposed Sections December 18. 1990 15 TeiRet' 73fl5
* Proposed Sections
December 18. 1990 15 TexRev 7305
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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/m1/73/: accessed April 30, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.