Texas Register, Volume 14, Number 64, Pages 4431-4491 , September 1, 1989 Page: 4,465
4431-4491 p. ; 28 cm.View a full description of this periodical.
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cial Texa Department of Public Safety]
triplicate prescription form and contain all
information required in the ACt,
481.075(d) and (e) [the Texas Controlled
Substances Act,3.09(c)]
(1) All information on the pre-
scription must be legible and it must be
manually signed and dated on its face by
the practitioner [when filled].
(2) The prescription must be
signed and dated on its face when filled
by the pharmacist.
(3)[(2)] No prescription for
Schedule II controlled substances shall be
filled after the end of the second day fol-
lowing the day on which the prescription
was issued.
(h)-(i) (No change.)
(j) A practitioner[, as defined in the
Act, 1.02, subsection (24Xa),] violates the
Act, 481.074 [3.08] or 481.075 [3.09],
if such practitioner:
(1)-(3) (No change.)
1334. Labeling Requirements of Con-
trolled Substances.
(a)-(c) (No change.)
(d) Lawful possession. Unless an
ultimate user[, as defined in the Texas Con-
trolled Substances Act, 1.02,] has lawfully
obtained a controlled substance, the ulti-
mate user is in illegal possession of the
controlled substance.
(e) (No change.)
13.35. Persons Required to Register. Ev-
ery person who sells peyote to members of
the Native American Church with not less
than 25% Indian blood for bona fide reli-
gious ceremonies shall make application for
registration under the [Texas Controlled
Substances] Act and obtain an annual regis-
tration from the department [Texas De-
partment of Public Safety]. This registration
will be issued [by the Texas Department of
Public Safety] to expire on July 1 of each
year.
(1) (No change.)
(2) If application for registration
is approved, applicant will be issued certifi-
cate of registration, Form NAR-96, and
peyote distributor authorization card, Form
NAR-96A, by the department [Texas De-
partment of Public Safety] to expire on July
1 of each year.
(3) (No change.)
(4) Each licensed peyote distrib-
utor shall furnish to the department's
[Texas Department of Public Safety,] Con-
trolled Substances Registration Section[,]
the names of his employees. If an employ-
ee's name has not been indicated on his
application for registration, he shall advise
the department [Texas Department of Pub-lic Safety] in writing at such time as he
hires a new employee.
(5) Each licensed peyote distn'b-
utor will be furnished an authorization letter
and a peyote employee authorization card
by the [Texas Department of Public Safety,]
Conrolled Substances Registration Section,
certifying that the employee mentioned is
am employee of the licensed peyote distribu-
tar and is authorized to cut and deliver
peyote directly to the licensed distributor.
The authorization letter shall be displayed
at the location where the peyote distributor
is registered, which should be the address
appearing on the certificate of registration.
The peyote employee authorization card
must be in possession of the employee of
the licensed peyote distributor at all times.
(6) (No change.)
(7) If the licensed peyote dis-
tributor's certificate is suspended, re-
voked,[or suspended], denied, cancelled,
or surrendered, the peyote distributor shall
return the following directly to the depart-
mert [Texas Department of Public Safety]
for cancellation:
(A)-(E) (No change.)
1336. Requirements for Selling Peyote to
Authorized Individual.
(a) A licensed peyote distributor
cannot sell peyote to an individual unless
such individual meets the following require-
ments.
(1) (No change.)
(2) Such individual is a licensed
peyote distributor licensed by the depart-
ment [Texas Department of Public Safety,
Controlled Substances Registration Sec-
tion].
(b) Before a licensed peyote distrib-
utor can sell peyote to a member of the
Native American Church with not less than
25% Indian blood, one of the following two
methods must be followed.
(1) The individual purchasing or
harvesting [handling] peyote for the Native
American Church to be used in bona fide
religious ceremonies shall furnish a certifi-
cate of authorization made out in the name
of the individual who is actually purchasing
or harvesting peyote. The certificate of au-
thorization shall be on official stationery
and shall contain the following:
(A)-(C) (No change.)
(2) (No change.)
(c) (No change.)
1338. Security Requirements. Compli-
ance with applicable provisions of 13.23
of this title (relating to Minimum Security
Controls For All Other Registrants) and
13.26 of this title (relating to Other Secu-rity Controls) pertaining to the [Texas Con-
trolled Substances] Act shall be deemed
compliance with security requiremets for
licensed peyote distributors.
$13.43. Purpose of Issuing Triplicate Pre-
scription.
(a) A prescription for a controlled
substace to be effective must be issued for
a legitimate medical purpose by an individ-
ual practitioner acting in the usual course of
his professional practice. The responsibility
for the proper prescribing and dispmnsing of
controlled substances is upon the prescrib-
ing practitioner, but a corresponding re-
sponsibility rests with the phar-macist who
fills the prescription. An order purporting to
be a prescription issued not in the usual
course of professional treatment or in legiti-
mate and authorized research is not a pre-
scription within the meaning and intent of
the Act, 481. 074 [the Texas Controlled
Substances Act, 3.08] and the person
knowingly filling such a purported prescrip-
tion, as well as the person issuing it, may be
subject to the penalties provided for viola-
tions of the provisions of law relating to
controlled substances.
(b) Prescriptions for Schedule II
controlled substances whether classified as
narcotic or non-narcotic shall be issued on
the official Texas triplicate prescription
form only and shall not be refilled.
(c) For the purpose of these rules,
a non-narcotic Schedule I controlled
substance is any substance that does not
contain an opium or opiate derivative.
13.45. Use of Triplicate Prescription
Forms.
(a) Every practitioner who adminis-
ters, dispenses, prescribes, or delivers any
quantity of controlled substance in Schedule
II must complete a triplicate prescription
form, by legibly filling in the spaces pro-
vided. The required information on each
individual patient receiving the controlled
substance or controlled substance prescrip-
tion will be recorded as follows:
(1)-(6) (No change.)
(7) drug quantity [dosage]
shown numerically followed by the num-
ber written as q word;
(8) (No change.)
(9) manually signed in the
proper signature block advising the pharma-
cist/pharmacy one of the following:
(A) (B) (No change.)
(b)-(d) (No change.)
(e) When a practitioner administers
and/or dispenses directly to a patient, the
completed triplicate prescription form will
be processed as follows: detach Copy 1 and
Copy 2 (attached together by tab on right-* Proposed Sections September 1, 1989 14 TexReg 4465
* Proposed Sections
September 1, 1989 14 TexReg 4465
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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/m1/35/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.