Texas Register, Volume 14, Number 64, Pages 4431-4491 , September 1, 1989 Page: 4,461
4431-4491 p. ; 28 cm.View a full description of this periodical.
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(3)[(2)] the applicant has made
pmoper application and paid the applicable
fee; and
(4)[(3)] the applicant has not
been found by the director to have violated
any provision of the Act, 481.063 [13.04].
(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)-(2) (No change.)
(3) the applicant has not been
found by the director to have violated any
provision of the Act, X481.063 [3.04].
(c) The director shall register an ap-
plicant to conduct research with controlled
substances in Schedule I, if:
(1)-(2) (No change.)
(3) the applicant has furnished
the department [Texas Department of Pub-
lic Safety] a complete resume of all re-
search 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 applicant's application for all
purposes. If approved by the department
[Texas Department of Public Safety], such
research shall be conducted in the manner
as det4ll in said resume and utilizing only
controlled substances specifically set forth
in said resume. The furnishing of false or
fraudulent material information in any ap-
plication filed under this Act shall be
grounds for revocation or suspension under
the [this] Act; 481.063 [3.04].
(4) (No change.)
(5) the applicant has not been
found by the director to have violated any
provision of the Act 481.063 [3.04].
(A) Persons lawfully autho-
rized under the [Texas Controlled Sub-
stances] Act and the Federal Controlled
Substances Act to conduct research in the
use and effects of controlled substances are
granted permission to withhold names and
other identifying characteristics of individu-
als who are the subjects of the research.
(B) Persons lawfully autho-
rized under the [Texas Controlled Sub-
stances] 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. I
(d) The airector shall register an
applicant to analyze controlled substances
in Schedules I-V, if:
(1)-(2) (No change.)(3) the applicant hu not been
found by the director to have violated any
provision of the Act, 481.063 [93.04].
513.. 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 [of the Texas
Department of Public Safety or his desig-
nee] the right to inspect the controlled pre-
mises as defined in the [Texas Controlled
Substances] Act, [Subchapter 5J.
(b) No registration to dispense con-
trolled substances shall be issued without a
signed consent form executed by the appli-
cant granting the director [of the Texas
Department of Public Safety or his desig-
nee] the right to inspect records required to
be kept by the [Texas Controlled Sub-
stances] Act anti these rules and regulations.
13.7. Persons Exempt from Registration.
The following persons need not register and
may lawfully possess controlled substances
under This Act.
(1)-(2) (No change.)
(3) a practitioner engaged in re-
search with nonnrarcotic controlled sub-
stances in Schedules II-V, where the
registrant is already registered under the
[Texas Controlled Substances] Act in an-
other capacity. Only practitioners registered
under federal law to conduct research with
or analyze Schedule I substances may con-
duct research with or analyze Schedule I
substances within this state upon furnishing
the director evidence of that federal regis-
tration.
(4) (No change.)i
(5) an official of the Texas De-
partment of Health, a medical school re-
searcher, or a research program participant
possessing tetrahydrocannabinols and their
derivatives as authorized under the [this]
Act Subchapter G [7];
(6)-(9) (No change.)
13.8. Application Requirements.
(a) All applications for registration
or reregistration shall be made on forms
provided by the department directorr of
the Texas Department of Public Safety] and
shall be submitted as per instruction of
13.14 of this title (relating to Fee [(Subject
to Change)]), and shall be filed with the
Registration Section, Narcotics Service,
Texas Department of Public Safety, P. 0.
Box 4087, Austin, Texas 78773-0001.
(1)-(2) (No change.)
(3) Each application and each
additional document or statement required
by the director shall be signed by the appli-
cant, if an individual; by a general partnerof the applicant, if a partnership; or by an.
officer of the applicant if a corporation or
other entity. An exception to this section is
that each application and each additional
document or statement required by the
director shall be signed by the adminis-
trator of the applicant, If a hospital; by
the pharmacist-in-charge of the appli-
cant, If a pharmacy; or by the consultant
pharmacist of the applicant, if a long-
term care facility. This signature as re-
quired for application will be the appli-
cant's consent granting the director [or his
designee] the right to inspect the controlled
premises or records as provided for in [the
Texas Controlled Substances Act,
Subchapter 3,] the Act, 481.063 [3.01,
paragraphs (C) and (D)].
(b) Application forms and contents.
(1) New applications.
(A) Any person who is re-
quired to be registered and is not so regis-
tered may apply for registration at any time.
Forms [Department of Public Safety forms]
for original application may be obtained by
writing the Registration Section, Narcotics
Service, Texas Department of Public Safe-
ty, P. 0. Box 4087, Austin, Texas 78773-
0001.
(B)-(C) (No change.)
(2) Applications for renewal.
(A)-(B) (No change.)
(C) The DPS forms for re-
new ! will be mailed as applicable to each
registered person approximately 60 days be-
fore the expiration date of his registration;
if any registered person does not receive
such form within 45 days before the expira-
tion date of his registration, he must
promptly give notice of such fact and re-
quest such forms by writing to the Registra-
tion Section, Narcotics Service, Texas
'Department of Public Safety, P. 0. Box
4087, Austin, Texas 78773-0001.
13.9. Acceptance for Filing; Defective Ap-
plications.
(a) Applications submitted for fil-
ing are dated upon receipt. If found to be
complete the application will be accepted
for filing. The director will within 45 days
submit written notice informing each ap-
plicant either that the application sub-
mitted Is complete and accepted for filing
or that it is deficient. Applications failing
to comply with the requirements of these
regulations will not generally be accepted
for filing. In the case of minor defects as to
completeness, the director may accept the
application for filing with the request to the
applicant for additional information. A de-
fective application will be returned to the
applicant following its receipt with a state-* Proposed Sections September 1, 1989 _ 14 TexReg 4461
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Texas. Secretary of State. Texas Register, Volume 14, Number 64, Pages 4431-4491 , September 1, 1989, periodical, September 1, 1989; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth216053/m1/31/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.