Texas Register, Volume 15, Number 94, (Volume I), Pages [7233-7360], December 18, 1990 Page: 7,323

                                
(2) discontinue   practice  (30
days);
(3) move out-of-state (30 days);
(4)   license to practice, Texas
controlled substances registration number,
or Drug Enforcement Administration num-
ber cancelled, revoked, suspended, denied,
surrendered, or amended to exclude the
handling of Schedule II controlled sub-
stances (seven days after the actions);
(5) a new Texas controlled sub-
stances registration number issued as a re-
sult of action initiated in paragraphs (2)-(4)
of this subsection; or
(6)  a  Texas   controlled  sub-
stances registration number issued after in-
stitutional practitioner permit or similar
number has expired.
(b) Interns, residents, fellows, or
their equivalent must return all unused trip-
licate prescription forms to the administra-
tor of the    base  hospital or training
institution upon completion or termination
of all training programs at that particular
base hospital or training institution (includ-
ing any satellite facility). It is the responsi-
bility of the administrator of the base
hospital or training institution to return the
unused triplicate prescription forms to the
department within 30 days after completion
or termination of all training programs by
any intern, resident, fellow, or their equiva-
lent.
(c) In no instance shall an intern,
resident, fellow, or the equivalent continue
to use triplicate prescription forms issued
under the institutional practitioner permit
number or similar number after being prop-
erly licensed as a practitioner by the appro-
priate licensing board.
(d) Return only unused triplicate
prescription forms. The pink copy (Copy 3)
of the triplicate prescription form must be
retained by practitioner for a period of two
years from the date issued.
(e) Any unused triplicate prescrip-
tion forms should be returned to the Texas
Department of Public Safety, Triplicate Pre-
scription Section, P. O. Box 4087, Austin,
Texas 78773-0001.
13.112. Source of Supply for Triplicate
Prescription Forms.
(a)   As authorized by statute, the
Texas Department of Public Safety is the
sole distributor for the triplicate prescription
forms.
(b) No other facsimile, duplication,
or counterfeited triplicate prescription form
may be produced or utilized.
 13.113. Purpose for True Name, Current
Address, and Age Requirements.

(a) The Triplicate Prescription Pro-
gram was enacted with the intent of prose-

cuting persons found in violations of the
law as a result of criminal investigative
procedures. For this reason, the Triplicate
Prescription Program is a part of the crimi-
nal justice process.
(b) Texas Criminal Law defines a
name to include both a christian name and a
surname. It further states that initials that do
not identify an individual with particularity
are insufficient.
(c) Laws that prescribe address re-
quirements include exact location by name
of street, rural route designation, box num-
ber, or numerical block number of the resi-
dence; to include suite, room, or apartment
number, if applicable. Also, the name of
town, state, and zip code are address re-
quirements.
(d) Age is required to further iden-
tify an individual with particularity.
(e) The requirements in subsections
(b)-(d) of this section must be met in order
to comply with the requirements of the Act,
481.075(d).
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-9013454      Joe E. Milner
Directory
Texas Department of
Public Safety
Earliest possible date of adoption: January
18, 1991
For further information, please call: (512)
465-2000
Subchapter G. Precursor and
Laboratory Apparatus
* 37 TAC 13.131-13.149
The Texas Department of Public Safety pro-
poses new 13.131-13.149, concerning pre-
cursor and   laboratory  apparatus. This
proposal contains new sections which will
replace existing sections that are proposed
for simultaneous repeal. The new sections
provide definitions applicable to precursor
and laboratory apparatus. The new sections
also establish the criteria for sales and pur-
chase of these items and the exceptions to
the permit requirements. Additionally, these
sections set forth reporting requirements and
procedures, establish the letter of authoriza-
tion, require audits and inspections, and in-
ventory  of  precursors  and  laboratory
apparatus.
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 that
will create an easier access of certain sec-
tions 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 proposed.
Comments on the proposal may be submitted
to John C. West, Jr., Texas Department of
Public Safety, P.O. Box 4087, Austin, Texas
78773-0001, (512) 465-2000.
The new sections are proposed under the
Health and Safety Code, 481.077(b) ,
481.078(b)(e), 481.080(c), and 481.081(b)(e),
which provides the Texas Department of Pub-
lic Safety with the authority to file rules with
the secretary of state regarding named chem-
ical precursors and laboratory apparatus, re-
porting  of sales or transfers, required
permitting, required inventories, and authoriz-
ing peace officers to conduct inspections, au-
dits, and copying any and all records.
13.131. General Information.
(a) Definitions.  The   following
words and terms, when used in this
subchapter, shall have the following mean-
ings, unless the context clearly indicates
otherwise.
(1) Apparatus-Any     chemical
laboratory equipment designed, made, or
adapted to manufacture a controlled sub-
stance or a controlled substance analogue
including:
(A)    the  following  items
listed under the Health and Safety Code,
Chapter 481, 481.080(a):
(i) condensers;
(ii) distilling apparatus;
(iii) vacuum dryers;
(iv) three-neck flasks;
(v) distilling flasks;
(vi) tableting machines;
(vii) encapsulating  ma-
chines; and
(B) the following additional
items determined by the director to jeopard-
ize public health and welfare by evidenced
use in the illicit manufacturer of controlled
substances or controlled substance ana-
logues:
(i) filter funnels, buchner fun-
nels, and separatory funnels;
(ii) erlenmeyer    flasks,
two-neck flasks, single neck flasks, round
bottom flasks, florence flasks, thermometer
flasks, and filtering flasks;
(iii) soxhlet extractors;
(iv)  transformers;

(v) flask heaters;

15 TexReg 7323     December 18, 1990     Texas Register *

15 TexReg 7323      December 18,

1990    Texas Register *