1-1 AN ACT
1-2 relating to drug regulation and enforcement under the Texas
1-3 Controlled Substances Act and to the authority of certain state
1-4 agencies under that Act; imposing criminal penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 481.002, Health and Safety Code, is
1-7 amended by amending Subdivisions (3), (4), (5), (6), (17), (30),
1-8 and (41) and by adding Subdivision (50) to read as follows:
1-9 (3) "Commissioner" means the commissioner of public
1-10 health or the commissioner's designee.
1-11 (4) "Controlled premises" means:
1-12 (A) a place where original or other records or
1-13 documents required under this chapter are kept or are required to
1-14 be kept; or
1-15 (B) a place, including a factory, warehouse,
1-16 other establishment, or conveyance, where a person registered under
1-17 this chapter may lawfully hold, manufacture, distribute, dispense,
1-18 administer, possess, or otherwise dispose of a controlled substance
1-19 or other item governed by this chapter, including a chemical
1-20 precursor and a chemical laboratory apparatus.
1-21 (5) "Controlled substance" means a substance,
1-22 including a drug, an adulterant, a dilutant, and an immediate
1-23 precursor, listed in Schedules I through V or Penalty Groups 1,
1-24 1-A, or 2 through 4. The term includes the aggregate weight of any
2-1 mixture, solution, or other substance containing a controlled
2-2 substance.
2-3 (6) "Controlled substance analogue" means:
2-4 (A) a substance with a chemical structure
2-5 substantially similar to the chemical structure of a controlled
2-6 substance in Schedule I or II or Penalty Group 1, 1-A, or 2; or
2-7 (B) a substance specifically designed to produce
2-8 an effect substantially similar to, or greater than, the effect of
2-9 a controlled substance in Schedule I or II or Penalty Group 1, 1-A,
2-10 or 2.
2-11 (17) "Drug paraphernalia" means equipment, a product,
2-12 or material that is used or intended for use in planting,
2-13 propagating, cultivating, growing, harvesting, manufacturing,
2-14 compounding, converting, producing, processing, preparing, testing,
2-15 analyzing, packaging, repackaging, storing, containing, or
2-16 concealing a controlled substance in violation of this chapter or
2-17 in injecting, ingesting, inhaling, or otherwise introducing into
2-18 the human body a controlled substance in violation of this chapter.
2-19 The term includes:
2-20 (A) a kit used or intended for use in planting,
2-21 propagating, cultivating, growing, or harvesting a species of plant
2-22 that is a controlled substance or from which a controlled
2-23 substance may be derived;
2-24 (B) a material, compound, mixture, preparation,
2-25 or kit used or intended for use in manufacturing, compounding,
2-26 converting, producing, processing, or preparing a controlled
2-27 substance;
3-1 (C) an isomerization device used or intended for
3-2 use in increasing the potency of a species of plant that is a
3-3 controlled substance;
3-4 (D) testing equipment used or intended for use
3-5 in identifying or in analyzing the strength, effectiveness, or
3-6 purity of a controlled substance;
3-7 (E) a scale or balance used or intended for use
3-8 in weighing or measuring a controlled substance;
3-9 (F) a dilutant [diluent] or adulterant, such as
3-10 quinine hydrochloride, mannitol, inositol, nicotinamide [mannite],
3-11 dextrose, [or] lactose, or absorbent, blotter-type material, that
3-12 is used or intended to be used to increase the amount or weight of
3-13 or to transfer [for use in cutting] a controlled substance
3-14 regardless of whether the dilutant or adulterant diminishes the
3-15 efficacy of the controlled substance;
3-16 (G) a separation gin or sifter used or intended
3-17 for use in removing twigs and seeds from or in otherwise cleaning
3-18 or refining marihuana;
3-19 (H) a blender, bowl, container, spoon, or mixing
3-20 device used or intended for use in compounding a controlled
3-21 substance;
3-22 (I) a capsule, balloon, envelope, or other
3-23 container used or intended for use in packaging small quantities of
3-24 a controlled substance;
3-25 (J) a container or other object used or intended
3-26 for use in storing or concealing a controlled substance;
3-27 (K) a hypodermic syringe, needle, or other
4-1 object used or intended for use in parenterally injecting a
4-2 controlled substance into the human body; and
4-3 (L) an object used or intended for use in
4-4 ingesting, inhaling, or otherwise introducing marihuana, cocaine,
4-5 hashish, or hashish oil into the human body, including:
4-6 (i) a metal, wooden, acrylic, glass,
4-7 stone, plastic, or ceramic pipe with or without a screen, permanent
4-8 screen, hashish head, or punctured metal bowl;
4-9 (ii) a water pipe;
4-10 (iii) a carburetion tube or device;
4-11 (iv) a smoking or carburetion mask;
4-12 (v) a chamber pipe;
4-13 (vi) a carburetor pipe;
4-14 (vii) an electric pipe;
4-15 (viii) an air-driven pipe;
4-16 (ix) a chillum;
4-17 (x) a bong; or
4-18 (xi) an ice pipe or chiller.
4-19 (30) "Opiate" means a substance that has an
4-20 addiction-forming or addiction-sustaining liability similar to
4-21 morphine or is capable of conversion into a drug having
4-22 addiction-forming or addiction-sustaining liability. The term
4-23 includes its racemic and levorotatory forms. The term does not
4-24 include, unless specifically designated as controlled under
4-25 Subchapter B [Section 481.038], the dextrorotatory isomer of
4-26 3-methoxy-n-methylmorphinan and its salts (dextromethorphan).
4-27 (41) "Prescription" means an order by a practitioner
5-1 to a pharmacist for a controlled substance for a particular patient
5-2 that specifies:
5-3 (A) the date of issue;
5-4 (B) the name and address of the patient or, if
5-5 the controlled substance is prescribed for an animal, the species
5-6 of the animal and the name and address of its owner;
5-7 (C) the name and quantity of the controlled
5-8 substance prescribed with the quantity shown numerically followed
5-9 by the number written as a word if the order is written or, if the
5-10 order is communicated orally or telephonically, with the quantity
5-11 given by the practitioner and transcribed by the pharmacist
5-12 numerically;
5-13 (D) directions for the use of the drug; [and]
5-14 [(E) the legibly printed or stamped name,
5-15 address, Federal Drug Enforcement Administration registration
5-16 number, and telephone number of the practitioner at the
5-17 practitioner's usual place of business.]
5-18 (E) the intended use of the drug unless the
5-19 practitioner determines the furnishing of this information is not
5-20 in the best interest of the patient; and
5-21 (F) the legibly printed or stamped name,
5-22 address, Federal Drug Enforcement Administration registration
5-23 number, and telephone number of the practitioner at the
5-24 practitioner's usual place of business[, legibly printed or
5-25 stamped].
5-26 (50) "Abuse unit" means:
5-27 (A) except as provided by Paragraph (B):
6-1 (i) a single unit on or in any adulterant,
6-2 dilutant, or similar carrier medium, including marked or perforated
6-3 blotter paper, a tablet, gelatin wafer, sugar cube, or stamp, or
6-4 other medium that contains any amount of a controlled substance
6-5 listed in Penalty Group 1-A, if the unit is commonly used in abuse
6-6 of that substance; or
6-7 (ii) each quarter-inch square section of
6-8 paper, if the adulterant, dilutant, or carrier medium is paper not
6-9 marked or perforated into individual abuse units; or
6-10 (B) if the controlled substance is in liquid
6-11 form, 40 micrograms of the controlled substance including any
6-12 adulterant or dilutant.
6-13 SECTION 2. Section 481.002, Health and Safety Code, is
6-14 amended by amending Subdivision (47) and adding Subdivisions (51),
6-15 (52), (53), (54), and (55) to read as follows:
6-16 (47) "Official [Triplicate] prescription form" means a
6-17 [an official Department of Public Safety] prescription form that
6-18 contains the prescription information required by Section 481.075
6-19 and to which is affixed a prescription sticker [used to administer,
6-20 dispense, prescribe, or deliver to an ultimate user a controlled
6-21 substance listed in Schedule II].
6-22 (51) "Patient identification number" means:
6-23 (A) a unique number assigned to the person by
6-24 the department or by an analogous department of another state that
6-25 appears on the person's driver's license or personal identification
6-26 certificate;
6-27 (B) the registration number assigned to the
7-1 person under Chapter 13, Election Code;
7-2 (C) a unique number assigned to the person by an
7-3 agency of the United States that appears on the person's social
7-4 security card, military identification card, passport, visa, work
7-5 permit, or other identification card;
7-6 (D) for a person younger than 18 years of age
7-7 who has not been issued a document described by Paragraph (A), (B),
7-8 or (C), the number assigned to the person's parent or guardian that
7-9 appears on a document described by those paragraphs issued to that
7-10 parent or guardian; or
7-11 (E) for an animal, the number assigned to the
7-12 animal's owner that appears on a document described by Paragraph
7-13 (A), (B), (C), or (D).
7-14 (52) "Department" means the Department of Public
7-15 Safety.
7-16 (53) "Driver's license" has the meaning assigned that
7-17 term by Section 521.001, Transportation Code.
7-18 (54) "Personal identification certificate" means a
7-19 certificate issued under Subchapter E, Chapter 521, Transportation
7-20 Code.
7-21 (55) "Prescription sticker" means a prescription
7-22 sticker issued by the director under Section 481.075.
7-23 SECTION 3. Subchapter A, Chapter 481, Health and Safety
7-24 Code, is amended by adding Section 481.003 to read as follows:
7-25 Sec. 481.003. RULES. The director may adopt rules to
7-26 administer and enforce this chapter.
7-27 SECTION 4. Subchapter B, Chapter 481, Health and Safety
8-1 Code, is amended to read as follows:
8-2 SUBCHAPTER B. SCHEDULES
8-3 Sec. 481.031. NOMENCLATURE. Controlled substances listed
8-4 in Schedules I through V and Penalty Groups 1 through 4 are
8-5 included by whatever official, common, usual, chemical, or trade
8-6 name they may be designated.
8-7 Sec. 481.032. SCHEDULES. (a) The commissioner shall
8-8 establish and modify the following schedules of controlled
8-9 substances under this subchapter: Schedule I, Schedule I-A,
8-10 Schedule II, Schedule III, Schedule IV, and Schedule V.
8-11 (b) A reference to a schedule in this chapter means the most
8-12 current version of the schedule established or altered by the
8-13 commissioner under this subchapter and published in the Texas
8-14 Register on or after January 1, 1998. [SCHEDULE I. (a) Schedule I
8-15 consists of:]
8-16 [(1) the following opiates, including their isomers,
8-17 esters, ethers, salts, and salts of isomers, esters, and ethers,
8-18 unless specifically excepted, if the existence of these isomers,
8-19 esters, ethers, and salts is possible within the specific chemical
8-20 designation:]
8-21 [Alfentanil;]
8-22 [Allylprodine;]
8-23 [Alpha-methylfentanyl or another derivative of
8-24 Fentanyl;]
8-25 [Benzethidine;]
8-26 [Betaprodine;]
8-27 [Clonitazene;]
9-1 [Diampromide;]
9-2 [Diethylthiambutene;]
9-3 [Difenoxin;]
9-4 [Dimenoxadol;]
9-5 [Dimethylthiambutene;]
9-6 [Dioxaphetyl butyrate;]
9-7 [Dipipanone;]
9-8 [Ethylmethylthiambutene;]
9-9 [Etonitazene;]
9-10 [Etoxeridine;]
9-11 [Furethidine;]
9-12 [Hydroxypethidine;]
9-13 [Ketobemidone;]
9-14 [Levophenacylmorphan;]
9-15 [Meprodine;]
9-16 [Methadol;]
9-17 [Moramide;]
9-18 [Morpheridine;]
9-19 [Noracymethadol;]
9-20 [Norlevorphanol;]
9-21 [Normethadone;]
9-22 [Norpipanone;]
9-23 [Phenadoxone;]
9-24 [Phenampromide;]
9-25 [Phencyclidine;]
9-26 [Phenomorphan;]
9-27 [Phenoperidine;]
10-1 [Piritramide;]
10-2 [Proheptazine;]
10-3 [Properidine;]
10-4 [Propiram;]
10-5 [Tilidine; and]
10-6 [Trimeperidine;]
10-7 [(2) the following opium derivatives, their salts,
10-8 isomers, and salts of isomers, unless specifically excepted, if the
10-9 existence of these salts, isomers, and salts of isomers is possible
10-10 within the specific chemical designation:]
10-11 [Acetorphine;]
10-12 [Acetyldihydrocodeine;]
10-13 [Benzylmorphine;]
10-14 [Codeine methylbromide;]
10-15 [Codeine-N-Oxide;]
10-16 [Cyprenorphine;]
10-17 [Desomorphine;]
10-18 [Dihydromorphine;]
10-19 [Drotebanol;]
10-20 [Etorphine (except hydrochloride salt);]
10-21 [Heroin;]
10-22 [Hydromorphinol;]
10-23 [Methyldesorphine;]
10-24 [Methyldihydromorphine;]
10-25 [Monoacetylmorphine;]
10-26 [Morphine methylbromide;]
10-27 [Morphine methylsulfonate;]
11-1 [Morphine-N-Oxide;]
11-2 [Myrophine;]
11-3 [Nicocodeine;]
11-4 [Nicomorphine;]
11-5 [Normorphine;]
11-6 [Pholcodine; and]
11-7 [Thebacon;]
11-8 [(3) unless specifically excepted or unless listed in
11-9 another schedule, a material, compound, mixture, or preparation
11-10 that contains any quantity of the following hallucinogenic
11-11 substances or that contains any of the substance's salts, isomers,
11-12 and salts of isomers if the existence of the salts, isomers, and
11-13 salts of isomers is possible within the specific chemical
11-14 designation:]
11-15 [4-bromo-2, 5-dimethoxyamphetamine (some trade or
11-16 other names: 4-bromo-2, 5-dimethoxy-alpha-methylphenethylamine;
11-17 4-bromo-2, 5-DMA);]
11-18 [2, 5-dimethoxyamphetamine (some trade or other
11-19 names: 2, 5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA);]
11-20 [5-methoxy-3, 4-methylenedioxy amphetamine;]
11-21 [4-methoxyamphetamine (some trade or other names:
11-22 4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine; PMA);]
11-23 [1-methyl-4-phenyl-1, 2, 5, 6-tetrahydro-pyridine
11-24 (MPTP);]
11-25 [1-methyl-4-phenyl-4-propionoxy-piperidine (MPPP,
11-26 PPMP);]
11-27 [4-methyl-2, 5-dimethoxyamphetamine (some trade
12-1 and other names: 4-methyl-2,
12-2 5-dimethoxy-alpha-methylphenethylamine; "DOM"; and "STP");]
12-3 [3, 4-methylene-dioxy methamphetamine (MDMA,
12-4 MDM);]
12-5 [3, 4-methylenedioxy amphetamine;]
12-6 [3, 4, 5-trimethoxy amphetamine;]
12-7 [Bufotenine (some trade and other names:
12-8 3-(beta-Dimethylaminoethyl)-5-hydroxyindole;
12-9 3-(2-dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin;
12-10 5-hydroxy-N, N-dimethyltryptamine; mappine);]
12-11 [Diethyltryptamine (some trade and other names:
12-12 N, N-Diethyltryptamine, DET);]
12-13 [Dimethyltryptamine (some trade and other names:
12-14 DMT);]
12-15 [Ethylamine Analog of Phencyclidine (some trade
12-16 or other names: N-ethyl-1-phenylcyclohexylamine;
12-17 (1-phenylcyclohexyl) ethylamine; N-(1-phenylcyclohexyl) ethylamine,
12-18 cyclohexamine, PCE);]
12-19 [Ibogaine (some trade or other names: 7-Ethyl-6,
12-20 6, beta, 7, 8, 9, 10, 12, 13,--octahydro-2-methoxy-6,
12-21 9-methano-5H-pyrido (1', 2':1, 2) azepino (5, 4-b) indole;
12-22 tabernanthe iboga);]
12-23 [Lysergic acid diethylamide;]
12-24 [Marihuana;]
12-25 [Mescaline;]
12-26 [N-ethyl-3-piperidyl benzilate;]
12-27 [N-methyl-3-piperidyl benzilate;]
13-1 [Parahexyl (some trade or other names:
13-2 3-Hexyl-1-hydroxy-7, 8, 9, 10-tetrahydro-6, 6,
13-3 9-tri-methyl-6H-dibenzo (b,d) pyran; Synhexyl);]
13-4 [Peyote, unless unharvested and growing in its
13-5 natural state, meaning all parts of the plant classified
13-6 botanically as Lophophora, whether growing or not, the seeds of the
13-7 plant, an extract from a part of the plant, and every compound,
13-8 manufacture, salt, derivative, mixture, or preparation of the
13-9 plant, its seeds, or extracts;]
13-10 [Psilocybin;]
13-11 [Psilocin;]
13-12 [Pyrrolidine Analog of Phencyclidine (some trade
13-13 or other names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP);]
13-14 [Synthetic equivalents of the substances
13-15 contained in the plant Cannabis, or in the resinous extractives of
13-16 that plant, and synthetic substances, derivatives, and their
13-17 isomers with similar chemical structure and pharmacological
13-18 activity such as:]
13-19 [delta-1 cis or trans tetrahydrocannabinol, and
13-20 their optical isomers;]
13-21 [delta-6 cis or trans tetrahydrocannabinol, and
13-22 their optical isomers;]
13-23 [delta-3, 4 cis or trans tetrahydrocannabinol,
13-24 and its optical isomers;]
13-25 [(Compounds of these structures, regardless of
13-26 numerical designation of atomic positions, since nomenclature of
13-27 these substances is not internationally standardized);]
14-1 [Tetrahydrocannabinols; and]
14-2 [Thiophene Analog of Phencyclidine (some trade or
14-3 other names: 1-(1-(2-thienyl) cyclohexyl) piperidine; 2-Thienyl
14-4 Analog of Phencyclidine; TPCP);]
14-5 [(4) unless specifically excepted or unless listed in
14-6 another schedule, a material, compound, mixture, or preparation
14-7 that contains any quantity of the following substances having a
14-8 depressant or stimulant effect on the central nervous system,
14-9 including the substance's salts, isomers, and salts of isomers if
14-10 the existence of the salts, isomers, and salts of isomers is
14-11 possible within the specific chemical designation:]
14-12 [Fenethylline;]
14-13 [Mecloqualone;]
14-14 [Methaqualone;]
14-15 [N-ethylamphetamine; and]
14-16 [Nitrazepam; and]
14-17 [(5) temporary listing of substances subject to
14-18 emergency scheduling by the Federal Drug Enforcement
14-19 Administration, and any material, compound, mixture, or preparation
14-20 that contains any quantity of the following substances:]
14-21 [N, N-dimethylamphetamine (Some trade or other
14-22 names: N,N,alpha-trimethylbenzeneethaneamine;
14-23 N,N,alpha-trimethylphenethylamine; including its salts, optical
14-24 isomers, and salts of optical isomers);]
14-25 [4-methylaminorex;]
14-26 [3, 4-methylenedioxy N-ethylamphetamine (Also
14-27 known as N-ethyl MDA);]
15-1 [N-hydroxy-3,4-methylenedioxyamphetamine (Also
15-2 known as N-hydroxy MDA).]
15-3 [(b) For the purposes of Subsection (a)(3) only, the term
15-4 "isomer" includes optical, position, and geometric isomers.]
15-5 [Sec. 481.033. SCHEDULE II. Schedule II consists of:]
15-6 [(1) the following substances, however
15-7 produced, except those narcotic drugs listed in other schedules:]
15-8 [(A) Opium and opiate, and a salt, compound,
15-9 derivative, or preparation of opium or opiate, other than naloxone
15-10 and its salts and naltrexone and its salts, but including:]
15-11 [Codeine;]
15-12 [Ethylmorphine;]
15-13 [Etorphine hydrochloride;]
15-14 [Granulated opium;]
15-15 [Hydrocodone;]
15-16 [Hydromorphone;]
15-17 [Metopon;]
15-18 [Morphine;]
15-19 [Opium extracts;]
15-20 [Opium fluid extracts;]
15-21 [Oxycodone;]
15-22 [Oxymorphone;]
15-23 [Powdered opium;]
15-24 [Raw opium;]
15-25 [Thebaine; and]
15-26 [Tincture of opium;]
15-27 [(B) a salt, compound, isomer, derivative, or
16-1 preparation of a substance that is chemically equivalent or
16-2 identical to a substance described by Paragraph (A), other than the
16-3 isoquinoline alkaloids of opium;]
16-4 [(C) Opium poppy and poppy straw;]
16-5 [(D) Cocaine, including:]
16-6 [(i) its salts, its optical, position, and
16-7 geometric isomers, and the salts of those isomers; and]
16-8 [(ii) coca leaves and a salt, compound,
16-9 derivative, or preparation of coca leaves that is chemically
16-10 equivalent or identical to a substance described by this
16-11 subparagraph or Subparagraph (i), other than decocainized coca
16-12 leaves or extractions of coca leaves that do not contain cocaine or
16-13 ecgonine; and]
16-14 [(E) Concentrate of poppy straw, meaning the
16-15 crude extract of poppy straw in liquid, solid, or powder form that
16-16 contains the phenanthrine alkaloids of the opium poppy;]
16-17 [(2) the following opiates, including their isomers,
16-18 esters, ethers, salts, and salts of isomers, if the existence of
16-19 these isomers, esters, ethers, and salts is possible within the
16-20 specific chemical designation:]
16-21 [Alphaprodine;]
16-22 [Anileridine;]
16-23 [Bezitramide;]
16-24 [Dextropropoxyphene, bulk (nondosage form);]
16-25 [Dihydrocodeine;]
16-26 [Diphenoxylate;]
16-27 [Fentanyl;]
17-1 [Isomethadone;]
17-2 [Levomethorphan;]
17-3 [Levorphanol;]
17-4 [Metazocine;]
17-5 [Methadone;]
17-6 [Methadone-Intermediate,
17-7 4-cyano-2-dimethylamino-4, 4-diphenyl butane;]
17-8 [Moramide-Intermediate, 2-methyl-3-morpholino-1,
17-9 1-diphenyl-propane-carboxylic acid;]
17-10 [Pethidine;]
17-11 [Pethidine-Intermediate-A,
17-12 4-cyano-1-methyl-4-phenylpiperidine;]
17-13 [Pethidine-Intermediate-B,
17-14 ethyl-4-phenylpiperidine-4-carboxylate;]
17-15 [Pethidine-Intermediate-C,
17-16 1-methyl-4-phenylpiperidine-4-carboxylic acid;]
17-17 [Phenazocine;]
17-18 [Piminodine;]
17-19 [Racemethorphan;]
17-20 [Racemorphan; and]
17-21 [Sufentanil;]
17-22 [(3) unless listed in another schedule and except as
17-23 provided by Section 481.037, a material, compound, mixture, or
17-24 preparation that contains any quantity of the following substances
17-25 having a potential for abuse associated with a stimulant effect on
17-26 the central nervous system:]
17-27 [Amphetamine, its salts, optical isomers, and
18-1 salts of its optical isomers;]
18-2 [Methamphetamine, including its salts, optical
18-3 isomers, and salts of optical isomers;]
18-4 [Methylphenidate and its salts; and]
18-5 [Phenmetrazine and its salts;]
18-6 [(4) unless listed in another schedule, a material,
18-7 compound, mixture, or preparation that contains any quantity of the
18-8 following substances having a depressant effect on the central
18-9 nervous system, including the substance's salts, isomers, and
18-10 salts of isomers if the existence of the salts, isomers, and salts
18-11 of isomers is possible within the specific chemical designation:]
18-12 [Amobarbital;]
18-13 [Secobarbital; and]
18-14 [Pentobarbital;]
18-15 [(5) unless specifically excepted or listed in another
18-16 schedule, a material, compound, mixture, or preparation that
18-17 contains any quantity of the following substances:]
18-18 [Immediate precursor to methamphetamine:]
18-19 [Phenylacetone and methylamine if possessed
18-20 together with intent to manufacture methamphetamine;]
18-21 [Immediate precursor to amphetamine and
18-22 methamphetamine:]
18-23 [Phenylacetone (some trade or other names:
18-24 phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl
18-25 ketone); and]
18-26 [Immediate precursors to phencyclidine (PCP):]
18-27 [1-phenylcyclohexylamine; and]
19-1 [1-piperidinocyclohexanecarbonitrile (PCC).]
19-2 [Sec. 481.034. SCHEDULE III. Schedule III consists of:]
19-3 [(1) unless listed in another schedule and except as
19-4 provided by Section 481.037, a material, compound, mixture, or
19-5 preparation that contains any quantity of the following substances
19-6 having a potential for abuse associated with a depressant effect on
19-7 the central nervous system:]
19-8 [a compound, mixture, or preparation containing
19-9 amobarbital, secobarbital, pentobarbital, or any of their salts and
19-10 one or more active medicinal ingredients that are not listed in a
19-11 schedule;]
19-12 [a suppository dosage form containing
19-13 amobarbital, secobarbital, pentobarbital, or any of their salts
19-14 and approved by the Food and Drug Administration for marketing only
19-15 as a suppository;]
19-16 [a substance that contains any quantity of a
19-17 derivative of barbituric acid, or any salt of a derivative of
19-18 barbituric acid, except those substances that are specifically
19-19 listed in other schedules;]
19-20 [Chlorhexadol;]
19-21 [Glutethimide;]
19-22 [Lysergic acid;]
19-23 [Lysergic acid amide;]
19-24 [Methyprylon;]
19-25 [Sulfondiethylmethane;]
19-26 [Sulfonethylmethane; and]
19-27 [Sulfonmethane;]
20-1 [(2) Nalorphine;]
20-2 [(3) a material, compound, mixture, or preparation
20-3 containing limited quantities of any of the following narcotic
20-4 drugs, or any of their salts:]
20-5 [not more than 1.8 grams of codeine, or any of
20-6 its salts, per 100 milliliters or not more than 90 milligrams per
20-7 dosage unit, with an equal or greater quantity of an isoquinoline
20-8 alkaloid of opium;]
20-9 [not more than 1.8 grams of codeine, or any of
20-10 its salts, per 100 milliliters or not more than 90 milligrams per
20-11 dosage unit, with one or more active, nonnarcotic ingredients in
20-12 recognized therapeutic amounts;]
20-13 [not more than 300 milligrams of
20-14 dihydrocodeinone, or any of its salts, per 100 milliliters or not
20-15 more than 15 milligrams per dosage unit, with a fourfold or greater
20-16 quantity of an isoquinoline alkaloid of opium;]
20-17 [not more than 300 milligrams of
20-18 dihydrocodeinone, or any of its salts, per 100 milliliters or not
20-19 more than 15 milligrams per dosage unit, with one or more active,
20-20 nonnarcotic ingredients in recognized therapeutic amounts;]
20-21 [not more than 1.8 grams of dihydrocodeine, or
20-22 any of its salts, per 100 milliliters or not more than 90
20-23 milligrams per dosage unit, with one or more active, nonnarcotic
20-24 ingredients in recognized therapeutic amounts;]
20-25 [not more than 300 milligrams of ethylmorphine,
20-26 or any of its salts, per 100 milliliters or not more than 15
20-27 milligrams per dosage unit, with one or more ingredients in
21-1 recognized therapeutic amounts;]
21-2 [not more than 500 milligrams of opium per 100
21-3 milliliters or per 100 grams, or not more than 25 milligrams per
21-4 dosage unit, with one or more active, nonnarcotic ingredients in
21-5 recognized therapeutic amounts;]
21-6 [not more than 50 milligrams of morphine, or any
21-7 of its salts, per 100 milliliters or per 100 grams with one or more
21-8 active, nonnarcotic ingredients in recognized therapeutic amounts;
21-9 and]
21-10 [(4) unless listed in another schedule, a material,
21-11 compound, mixture, or preparation that contains any quantity of
21-12 the following substances having a stimulant effect on the central
21-13 nervous system, including the substance's salts, optical,
21-14 position, or geometric isomers, and salts of the substance's
21-15 isomers, if the existence of the salts, isomers, and salts of
21-16 isomers is possible within the specific chemical designation:]
21-17 [Benzphetamine;]
21-18 [Chlorphentermine;]
21-19 [Clortermine; and]
21-20 [Phendimetrazine.]
21-21 [Sec. 481.035. SCHEDULE IV. Schedule IV consists of:]
21-22 [(1) except as provided by Section 481.037, a
21-23 material, compound, mixture, or preparation that contains any
21-24 quantity of the following substances having a potential for abuse
21-25 associated with a depressant effect on the central nervous system:]
21-26 [Alprazolam;]
21-27 [Barbital;]
22-1 [Chloral betaine;]
22-2 [Chloral hydrate;]
22-3 [Chlordiazepoxide;]
22-4 [Clonazepam;]
22-5 [Clorazepate;]
22-6 [Diazepam;]
22-7 [Ethchlorvynol;]
22-8 [Ethinamate;]
22-9 [Flurazepam;]
22-10 [Halazepam;]
22-11 [Lorazepam;]
22-12 [Mebutamate;]
22-13 [Meprobamate;]
22-14 [Methohexital;]
22-15 [Methylphenobarbital;]
22-16 [Oxazepam;]
22-17 [Paraldehyde;]
22-18 [Pentazocine, its salts, derivatives, compounds,
22-19 or mixtures;]
22-20 [Petrichloral;]
22-21 [Phenobarbital;]
22-22 [Prazepam;]
22-23 [Temazepam; and]
22-24 [Triazolam;]
22-25 [(2) unless listed in another schedule, a material,
22-26 compound, mixture, or preparation that contains any quantity of the
22-27 following substances having a stimulant effect on the central
23-1 nervous system, including the substance's salts, optical, position,
23-2 or geometric isomers, and salts of those isomers if the existence
23-3 of the salts, isomers, and salts of isomers is possible within the
23-4 specific designation:]
23-5 [Diethylpropion;]
23-6 [Fenfluramine;]
23-7 [Mazindol;]
23-8 [Pemoline (including organometallic complexes and
23-9 their chelates);]
23-10 [Phentermine;]
23-11 [Pipradol; and]
23-12 [SPA ((-)-1-dimethyamino-1, 2-diphenylethane);]
23-13 [(3) unless specifically excepted or unless listed in
23-14 another schedule, a material, compound, mixture, or preparation
23-15 that contains any quantity of the following substances, including
23-16 the substance's salts:]
23-17 [Dextropropoxyphene (Alpha-(+)-4-dimethylamino-1,
23-18 2-diphenyl-3-methyl-2-propionoxybutane);]
23-19 [(4) unless specifically excepted or unless listed in
23-20 another schedule, a material, compound, mixture, or preparation
23-21 containing limited quantities of the following narcotic drug or its
23-22 salts:]
23-23 [not more than 1 milligram of difenoxin and not
23-24 less than 25 micrograms of atropine sulfate per dosage unit; and]
23-25 [(5) any human growth hormone or any of the following
23-26 anabolic steroids, or any isomer, ester, salt, or derivative of
23-27 the following that acts in the same manner on the human body:]
24-1 [Clostebol;]
24-2 [Dehydrochlormethyltestosterone;]
24-3 [Ethylestrenol;]
24-4 [Fluoxymesterone;]
24-5 [Mesterolone;]
24-6 [Methandienone;]
24-7 [Methandrostenolone;]
24-8 [Methenolone;]
24-9 [Methyltestosterone;]
24-10 [Nandrolone;]
24-11 [Norethandrolone;]
24-12 [Oxandrolone;]
24-13 [Oxymesterone;]
24-14 [Oxymetholone;]
24-15 [Stanozolol; and]
24-16 [Testosterone.]
24-17 [Sec. 481.036. SCHEDULE V. Schedule V consists of a
24-18 controlled substance that is a compound, mixture, or preparation
24-19 containing limited quantities of any of the following narcotic
24-20 drugs that also contain one or more nonnarcotic active medicinal
24-21 ingredients in sufficient proportion to confer on the compound,
24-22 mixture, or preparation valuable medicinal qualities other than
24-23 those possessed by the narcotic drug alone:]
24-24 [(1) not more than 200 milligrams of codeine, or any
24-25 of its salts, per 100 milliliters or per 100 grams;]
24-26 [(2) not more than 100 milligrams of dihydrocodeine,
24-27 or any of its salts, per 100 milliliters or per 100 grams;]
25-1 [(3) not more than 100 milligrams of ethylmorphine,
25-2 or any of its salts, per 100 milliliters or per 100 grams;]
25-3 [(4) not more than 2.5 milligrams of diphenoxylate and
25-4 not less than 25 micrograms of atropine sulfate per dosage unit;]
25-5 [(5) not more than 15 milligrams of opium per 29.5729
25-6 milliliters or per 28.35 grams; and]
25-7 [(6) not more than 0.5 milligrams of difenoxin and not
25-8 less than 25 micrograms of atropine sulfate per dosage unit.]
25-9 Sec. 481.033 [481.037]. EXCLUSION FROM SCHEDULES AND
25-10 APPLICATION OF ACT. (a) A nonnarcotic substance is excluded from
25-11 Schedules I through V if the substance may lawfully be sold over
25-12 the counter without a prescription, under the Federal Food, Drug,
25-13 and Cosmetic Act (21 U.S.C. Section 301 et seq.).
25-14 (b) The commissioner may not include in the schedules:
25-15 (1) a substance described by Subsection (a); or
25-16 (2) distilled spirits, wine, malt beverages, or
25-17 tobacco.
25-18 (c) A compound, mixture, or preparation containing a
25-19 stimulant substance listed in Schedule II and having a potential
25-20 for abuse associated with a stimulant effect on the central nervous
25-21 system [Section 481.033(3)] is excepted from the application of
25-22 this chapter if the compound, mixture, or preparation contains one
25-23 or more active medicinal ingredients not having a stimulant effect
25-24 on the central nervous system and if the admixtures are included in
25-25 combinations, quantity, proportions, or concentrations that vitiate
25-26 the potential for abuse of the substance having a stimulant effect
25-27 on the central nervous system.
26-1 (d) A compound, mixture, or preparation containing a
26-2 depressant substance listed in Schedule III or IV and having a
26-3 potential for abuse associated with a depressant effect on the
26-4 central nervous system [Section 481.034(1) or 481.035(1)] is
26-5 excepted from the application of this chapter if the compound,
26-6 mixture, or preparation contains one or more active medicinal
26-7 ingredients not having a depressant effect on the central nervous
26-8 system and if the admixtures are included in combinations,
26-9 quantity, proportions, or concentrations that vitiate the
26-10 potential for abuse of the substance having a depressant effect on
26-11 the central nervous system.
26-12 (e) A nonnarcotic prescription substance is exempted from
26-13 Schedules I through V and the application of this chapter to the
26-14 same extent that the substance has been exempted from the
26-15 application of the Federal Controlled Substances Act, if the
26-16 substance is listed as an exempt prescription product under 21
26-17 C.F.R. Section 1308.32 and its subsequent amendments.
26-18 (f) A chemical substance that is intended for laboratory,
26-19 industrial, educational, or special research purposes and not for
26-20 general administration to a human being or other animal is exempted
26-21 from Schedules I through V and the application of this chapter to
26-22 the same extent that the substance has been exempted from the
26-23 application of the Federal Controlled Substances Act, if the
26-24 substance is listed as an exempt chemical preparation under 21
26-25 C.F.R. Section 1308.24 and its subsequent amendments.
26-26 (g) An anabolic steroid product, which has no significant
26-27 potential for abuse due to concentration, preparation, mixture, or
27-1 delivery system, is exempted from Schedules I through V and the
27-2 application of this chapter to the same extent that the substance
27-3 has been exempted from the application of the Federal Controlled
27-4 Substances Act, if the substance is listed as an exempt anabolic
27-5 steroid product under 21 C.F.R. Section 1308.34 and its subsequent
27-6 amendments.
27-7 Sec. 481.034 [481.038]. ESTABLISHMENT AND MODIFICATION
27-8 [ALTERATION] OF SCHEDULES BY COMMISSIONER. (a) The commissioner
27-9 shall annually establish the schedules of controlled substances.
27-10 These annual schedules shall include the complete list of all
27-11 controlled substances from the previous schedules and modifications
27-12 in the federal schedules of controlled substances as required by
27-13 Subsection (g). Any further additions to and deletions from these
27-14 schedules, any rescheduling of substances and any other
27-15 modifications made by the commissioner to these schedules of
27-16 controlled substances shall be made:
27-17 (1) in accordance with [, with the approval of the
27-18 Texas Board of Health, may add substances to Schedules I through V
27-19 and delete or reschedule substances listed in those schedules. The
27-20 commissioner shall assign a controlled substance to a schedule
27-21 subject to] Section 481.035;
27-22 (2) in a manner consistent with this subchapter; and
27-23 (3) with approval of the Texas Board of Health
27-24 [481.039].
27-25 (b) Except for alterations in schedules required by
27-26 Subsection (g), the commissioner may not make an alteration in a
27-27 schedule unless the commissioner holds a public hearing on the
28-1 matter in Austin and obtains approval from the Texas Board of
28-2 Health.
28-3 (c) The commissioner may not:
28-4 (1) add a substance to the schedules if[:]
28-5 [(1)] the substance has been deleted from the
28-6 schedules by the legislature; [or]
28-7 (2) delete a substance from the schedules if the
28-8 substance has been added to the schedules by the legislature; or
28-9 (3) reschedule a substance if the substance has been
28-10 placed in a schedule by the legislature [legislation attempting to
28-11 add the substance to the schedules has failed to pass when
28-12 considered by a quorum of either house of the legislature].
28-13 (d) In making a determination regarding a substance, the
28-14 commissioner shall consider:
28-15 (1) the actual or relative potential for its abuse;
28-16 (2) the scientific evidence of its pharmacological
28-17 effect, if known;
28-18 (3) the state of current scientific knowledge
28-19 regarding the substance;
28-20 (4) the history and current pattern of its abuse;
28-21 (5) the scope, duration, and significance of its
28-22 abuse;
28-23 (6) the risk to the public health;
28-24 (7) the potential of the substance to produce
28-25 psychological or physiological dependence liability; and
28-26 (8) whether the substance is an immediate precursor of
28-27 a substance already controlled under this chapter.
29-1 (e) After considering the factors listed in Subsection (d),
29-2 the commissioner shall make findings with respect to those factors
29-3 and adopt a rule controlling the substance if the commissioner
29-4 finds the substance has a potential for abuse.
29-5 (f) If the commissioner designates a substance as an
29-6 immediate precursor, a substance that is a precursor of the
29-7 controlled precursor is not subject to control solely because it
29-8 is a precursor of the controlled precursor.
29-9 (g) Except as otherwise provided by this subsection, if a
29-10 substance is designated, rescheduled, or deleted as a controlled
29-11 substance under federal law and notice of that fact is given to
29-12 the commissioner, the commissioner similarly shall control the
29-13 substance under this chapter. After the expiration of a 30-day
29-14 period beginning on the day after the date of publication in the
29-15 Federal Register of a final order designating a substance as a
29-16 controlled substance or rescheduling or deleting a substance, the
29-17 commissioner similarly shall designate, reschedule, or delete the
29-18 substance, unless the commissioner objects during the period. If
29-19 the commissioner objects, the commissioner shall publish the
29-20 reasons for the objection and give all interested parties an
29-21 opportunity to be heard. At the conclusion of the hearing, the
29-22 commissioner shall publish a decision, which is final unless
29-23 altered by statute. On publication of an objection by the
29-24 commissioner, control as to that particular substance under this
29-25 chapter is stayed until the commissioner publishes the
29-26 commissioner's decision.
29-27 (h) Not later than the 10th day after the date on which the
30-1 commissioner designates [adds], deletes, or reschedules a substance
30-2 under Subsection (a), the commissioner shall give written notice of
30-3 that action to the director and to each state licensing agency
30-4 having jurisdiction over practitioners.
30-5 Sec. 481.035 [481.039]. FINDINGS. (a) The commissioner
30-6 shall place a substance in Schedule I if the commissioner finds
30-7 that the substance:
30-8 (1) has a high potential for abuse; and
30-9 (2) has no accepted medical use in treatment in the
30-10 United States or lacks accepted safety for use in treatment under
30-11 medical supervision.
30-12 (b) The commissioner shall place a substance in Schedule II
30-13 if the commissioner finds that:
30-14 (1) the substance has a high potential for abuse;
30-15 (2) the substance has currently accepted medical use
30-16 in treatment in the United States; and
30-17 (3) abuse of the substance may lead to severe
30-18 psychological or physical dependence.
30-19 (c) The commissioner shall place a substance in Schedule III
30-20 if the commissioner finds that:
30-21 (1) the substance has a potential for abuse less than
30-22 that of the substances listed in Schedules I and II;
30-23 (2) the substance has currently accepted medical use
30-24 in treatment in the United States; and
30-25 (3) abuse of the substance may lead to moderate or low
30-26 physical dependence or high psychological dependence.
30-27 (d) The commissioner shall place a substance in Schedule IV
31-1 if the commissioner finds that:
31-2 (1) the substance has a lower potential for abuse than
31-3 that of the substances listed in Schedule III;
31-4 (2) the substance has currently accepted medical use
31-5 in treatment in the United States; and
31-6 (3) abuse of the substance may lead to a more limited
31-7 physical or psychological dependence than that of the substances
31-8 listed in Schedule III.
31-9 (e) The commissioner shall place a substance in Schedule V
31-10 if the commissioner finds that the substance:
31-11 (1) has a lower potential for abuse than that of the
31-12 substances listed in Schedule IV;
31-13 (2) has currently accepted medical use in treatment in
31-14 the United States; and
31-15 (3) may lead to a more limited physical or
31-16 psychological dependence liability than that of the substances
31-17 listed in Schedule IV.
31-18 Sec. 481.036 [481.040]. PUBLICATION OF SCHEDULES. (a) The
31-19 commissioner shall publish the schedules [annually] by filing a
31-20 certified copy of the schedules with the secretary of state for
31-21 publication in the Texas Register not later than the fifth working
31-22 day after the date the commissioner takes action under this
31-23 subchapter.
31-24 (b) Each published schedule must show changes, if any, made
31-25 in the schedule since its latest publication.
31-26 (c) An action by the commissioner that establishes or
31-27 modifies a schedule under this subchapter may take effect not
32-1 earlier than the 21st day after the date on which the schedule or
32-2 modification is published in the Texas Register unless an
32-3 emergency exists that necessitates earlier action to avoid an
32-4 imminent hazard to the public safety.
32-5 SECTION 5. Section 481.061(a), Health and Safety Code, is
32-6 amended to read as follows:
32-7 (a) Except as otherwise provided by this chapter, a [A]
32-8 person who is not a registrant may not manufacture, distribute,
32-9 prescribe, possess, analyze, or dispense a controlled substance in
32-10 this state [without a registration issued under this subchapter].
32-11 SECTION 6. Section 481.062(a), Health and Safety Code, is
32-12 amended to read as follows:
32-13 (a) The following persons are not required to register and
32-14 may possess a controlled substance under this chapter:
32-15 (1) an agent or employee of a registered manufacturer,
32-16 distributor, analyzer, or dispenser of the controlled substance
32-17 acting in the usual course of business or employment;
32-18 (2) a common or contract carrier, a warehouseman, or
32-19 an employee of a carrier or warehouseman whose possession of the
32-20 controlled substance is in the usual course of business or
32-21 employment;
32-22 (3) an ultimate user or a person in possession of the
32-23 controlled substance under a lawful order of a practitioner or in
32-24 lawful possession of the controlled substance if it is listed in
32-25 Schedule V;
32-26 (4) an officer or employee of this state, another
32-27 state, or the United States who is lawfully engaged in the
33-1 enforcement of a law relating to a controlled substance or drug or
33-2 to a customs law and authorized to possess the controlled substance
33-3 in the discharge of the person's official duties; or
33-4 (5) [(4)] if the substance is tetrahydrocannabinol or
33-5 one of its derivatives:
33-6 (A) a Texas Department of Health official, a
33-7 medical school researcher, or a research program participant
33-8 possessing the substance as authorized under Subchapter G; or
33-9 (B) a practitioner or an ultimate user
33-10 possessing the substance as a participant in a federally approved
33-11 therapeutic research program that the commissioner has reviewed
33-12 and found, in writing, to contain a medically responsible research
33-13 protocol.
33-14 SECTION 7. Sections 481.0621(a) and (c), Health and Safety
33-15 Code, are amended to read as follows:
33-16 (a) This subchapter does not apply to an educational or
33-17 research program of [a private school,] a school district[,] or a
33-18 public or private institution of higher education. This subchapter
33-19 does not apply to a manufacturer, wholesaler, retailer, or other
33-20 person who sells, transfers, or furnishes materials covered by this
33-21 subchapter to those educational or research programs.
33-22 (c) The department and the Texas [Central] Education Agency
33-23 shall adopt a memorandum of understanding that establishes the
33-24 responsibilities of the agency, the department, [private schools,]
33-25 and school districts in implementing and maintaining a program for
33-26 reporting information concerning controlled substances, controlled
33-27 substance analogues, chemical precursors, and chemical laboratory
34-1 apparatus used in educational or research activities of those
34-2 schools and school districts.
34-3 SECTION 8. Sections 481.063(a), (e), (f), and (g), Health
34-4 and Safety Code, are amended to read as follows:
34-5 (a) The director may refuse to [not] issue a registration to
34-6 a person to manufacture, distribute, analyze, or conduct research
34-7 with a controlled substance if the person fails or refuses to
34-8 provide to [unless] the director [receives] a consent form signed
34-9 by the person granting the director the right to inspect the
34-10 person's controlled premises and any record, controlled substance,
34-11 or other item covered by this chapter.
34-12 (e) An application for registration to manufacture,
34-13 distribute, analyze, [or] dispense, or conduct research with a
34-14 controlled substance may be denied on a finding that the applicant:
34-15 (1) has furnished [false or fraudulent] material
34-16 information in an application filed under this chapter that the
34-17 applicant knows is false or fraudulent;
34-18 (2) has been convicted of or placed on community
34-19 supervision or other probation for:
34-20 (A) a felony;
34-21 (B) a violation of this chapter or of Chapters
34-22 482-485; or
34-23 (C) an offense reasonably related to the
34-24 registration sought;
34-25 (3) has voluntarily surrendered or has had suspended,
34-26 denied, or revoked a registration or application for registration
34-27 to manufacture, distribute, analyze, or dispense controlled
35-1 substances under the Federal Controlled Substances Act;
35-2 (4) has had suspended, probated, or revoked a
35-3 registration or a practitioner's license under the laws of this
35-4 state or another state;
35-5 (5) has intentionally or knowingly failed to establish
35-6 and maintain effective security controls against diversion of
35-7 controlled substances into other than legitimate medical,
35-8 scientific, or industrial channels as provided by federal
35-9 regulations or laws, this chapter, or a rule adopted under this
35-10 chapter;
35-11 (6) has intentionally or knowingly [wilfully] failed
35-12 to maintain records required to be kept by this chapter or a rule
35-13 adopted under this chapter;
35-14 (7) [or] has [wilfully or unreasonably] refused to
35-15 allow an inspection authorized by this chapter or a rule adopted
35-16 under this chapter; [or]
35-17 (8) [(7)] has intentionally or knowingly violated this
35-18 chapter or a rule adopted under this chapter; or
35-19 (9) has voluntarily surrendered a registration that
35-20 has not been reinstated.
35-21 (f) The director may inspect the premises or establishment
35-22 of an applicant for registration in accordance with this chapter.
35-23 (g) A registration is valid until the first anniversary of
35-24 the date of issuance and may [must] be renewed [obtained] annually
35-25 under rules adopted by the director, unless a rule provides for a
35-26 longer period of validity or renewal.
35-27 SECTION 9. Section 481.064, Health and Safety Code, is
36-1 amended to read as follows:
36-2 Sec. 481.064. [RULES;] REGISTRATION FEES. (a) [The
36-3 director may adopt reasonable rules.]
36-4 [(b)] The director may charge an annual registration fee of
36-5 not more than $25. The director by rule shall set the amount of
36-6 the fee at the amount that is [$5 for the costs] necessary to cover
36-7 the cost of administering and enforcing [administer] this
36-8 subchapter [chapter]. Except as provided by Subsection (b) [(c)],
36-9 registrants shall pay the fees to the director.
36-10 (b) [(c)] The director may authorize a contract between the
36-11 department [Department of Public Safety] and an appropriate state
36-12 agency for the collection and remittance of the fees. The director
36-13 by rule may provide for remittance of the fees collected by state
36-14 agencies for the department.
36-15 (c) [(d)] The director shall deposit the collected fees [in
36-16 the state treasury] to the credit of the operator's and chauffeur's
36-17 license account in the general revenue fund. The fees may be used
36-18 only by the department [Department of Public Safety] in the
36-19 administration or enforcement of this subchapter [chapter].
36-20 SECTION 10. Section 481.066, Health and Safety Code, is
36-21 amended to read as follows:
36-22 Sec. 481.066. VOLUNTARY SURRENDER, CANCELLATION, SUSPENSION,
36-23 PROBATION, OR REVOCATION OF REGISTRATION. (a) The director [A
36-24 district court] may accept a voluntary surrender of a registration.
36-25 (b) The director may cancel, suspend, or revoke a
36-26 registration, place on probation a person whose license has been
36-27 suspended, or reprimand a registrant for a cause described by
37-1 Section 481.063(e).
37-2 (c) The director may cancel a registration that was issued
37-3 in error.
37-4 (d) The director [The attorney representing the state in
37-5 district court or the attorney general shall file and prosecute
37-6 appropriate judicial proceedings for the suspension or revocation
37-7 of a registrant's registration on presentation of competent
37-8 evidence by the director. A proceeding under this section may be
37-9 maintained in:]
37-10 [(1) the registrant's county of residence;]
37-11 [(2) the county in which the registrant maintains a
37-12 place of business or practice;]
37-13 [(3) the county in which a wrongful act under Section
37-14 481.063(e) was committed; or]
37-15 [(4) Travis County.]
37-16 [(b) A petition for the suspension or revocation of a
37-17 registration is sufficient if it substantially complies with the
37-18 following requirements:]
37-19 [(1) the petitioner must be "The State of Texas";]
37-20 [(2) the petition must be directed to the registrant
37-21 whose license is sought to be suspended or revoked;]
37-22 [(3) the petition must contain a short statement of
37-23 the cause of action sufficient to give notice of the grounds on
37-24 which suspension or revocation of the registration is sought;]
37-25 [(4) the petition must ask for a suspension or
37-26 revocation of the registration; and]
37-27 [(5) the petition must be verified by the director.]
38-1 [(c) A court that suspends or revokes a registration] may
38-2 limit the cancellation, suspension, probation, or revocation to the
38-3 particular schedule or controlled substance within a schedule for
38-4 which grounds for cancellation, suspension, probation, or
38-5 revocation exist.
38-6 (e) After accepting the voluntary surrender of a
38-7 registration or ordering the cancellation, suspension, probation,
38-8 or revocation of a registration, the director may seize or [(d) If
38-9 a registration is suspended or revoked, at the time of suspension
38-10 or the effective date of the revocation order the court may] place
38-11 under seal all controlled substances owned or possessed by the
38-12 registrant under the authority of that registration. If the
38-13 director orders the cancellation, suspension, probation, or
38-14 revocation of a registration, a [A] disposition may not be made of
38-15 the seized or sealed substances [under seal] until the time for
38-16 administrative appeal of the order has elapsed or until all appeals
38-17 have been concluded, except that the director [on an application
38-18 the court] may order the sale of perishable substances and deposit
38-19 of the proceeds of the sale in a special interest-bearing account
38-20 in the general revenue fund [with the court]. When a surrender or
38-21 cancellation, suspension, probation, or revocation order becomes
38-22 final, all controlled substances may be forfeited to the state as
38-23 provided under Subchapter E [Section 481.157].
38-24 (f) [(e)] The operation of a registrant in violation of this
38-25 section is a public nuisance, and the director may apply to any
38-26 court of competent jurisdiction for an injunction suspending the
38-27 registration of the registrant.
39-1 (g) Chapter 2001, Government Code, applies to a proceeding
39-2 [(f) The Rules of Civil Procedure govern proceedings] under this
39-3 section to the extent that that chapter does [they do] not conflict
39-4 with this subchapter [section].
39-5 (h) [(g)] The director shall promptly notify appropriate
39-6 state agencies of an order accepting a voluntary surrender or
39-7 canceling, suspending, probating, or revoking a registration and
39-8 the forfeiture of controlled substances.
39-9 (i) The director shall give written notice to the applicant
39-10 or registrant of the acceptance of a voluntary surrender of a
39-11 registration, or of the cancellation, suspension, probation,
39-12 revocation, or denial of a registration. The notice shall be sent
39-13 by registered mail, return receipt requested, to the most current
39-14 address of the applicant or registrant contained in the files of
39-15 the Department of Public Safety.
39-16 (j) After a voluntary surrender, cancellation, suspension,
39-17 probation, revocation, or denial of a registration, on petition of
39-18 the applicant or former registrant, the director may issue or
39-19 reinstate the registration for good cause shown by the petitioner.
39-20 SECTION 11. Sections 481.071(b) and (c), Health and Safety
39-21 Code, are amended to read as follows:
39-22 (b) An anabolic steroid or human growth hormone listed in
39-23 Schedule III [Section 481.035] may only be:
39-24 (1) dispensed, prescribed, delivered, or administered
39-25 by a practitioner, as defined by Section 481.002(39)(A), for a
39-26 valid medical purpose and in the course of professional practice;
39-27 or
40-1 (2) dispensed or delivered by a pharmacist according
40-2 to a prescription issued by a practitioner, as defined by Section
40-3 481.002(39)(A) or (C), for a valid medical purpose and in the
40-4 course of professional practice.
40-5 (c) For the purposes of Subsection (b), bodybuilding, muscle
40-6 enhancement, or increasing muscle bulk or strength through the use
40-7 of an anabolic steroid or human growth hormone listed in Schedule
40-8 III [Section 481.035] by a person who is in good health is not a
40-9 valid medical purpose.
40-10 SECTION 12. Section 481.074, Health and Safety Code, is
40-11 amended by amending Subsections (a), (b), (c), and (f) and adding
40-12 Subsections (m) and (n) to read as follows:
40-13 (a) A pharmacist may not:
40-14 (1) dispense or deliver a controlled substance or
40-15 cause a controlled substance to be dispensed or delivered under the
40-16 pharmacist's direction or supervision except under a valid
40-17 prescription and in the course of professional practice;
40-18 (2) fill a prescription that is not prepared or issued
40-19 as prescribed by this chapter;
40-20 (3) permit or allow a person who is not a licensed
40-21 pharmacist or pharmacist intern to dispense, distribute, or in any
40-22 other manner deliver a controlled substance even if under the
40-23 supervision of a pharmacist, except that after the pharmacist or
40-24 pharmacist intern has fulfilled his professional and legal
40-25 responsibilities, a nonpharmacist may complete the actual cash or
40-26 credit transaction and delivery; or
40-27 (4) permit the delivery of a controlled substance to
41-1 any person not known to the pharmacist, the pharmacist intern, or
41-2 the person authorized by the pharmacist to deliver the controlled
41-3 substance without first requiring identification of the person
41-4 taking possession of the controlled substance, except as provided
41-5 by Subsection (n) [; if the person taking possession of the
41-6 controlled substance does not have identification and the
41-7 pharmacist determines that the controlled substance is needed for
41-8 the immediate well-being of the patient, delivery may be made; this
41-9 subsection does not prohibit the delivery by mail or authorized
41-10 delivery person of a controlled substance to a person or the
41-11 address of the person authorized by prescription to receive that
41-12 controlled substance].
41-13 (b) Except in an emergency as defined by rule of the
41-14 director or as provided by Section 481.075(j) [481.075(g)], a
41-15 person may not dispense or administer a controlled substance listed
41-16 in Schedule II without the written prescription of a practitioner
41-17 on an official prescription [a] form that meets the requirements of
41-18 and is completed by the practitioner in accordance with Section
41-19 481.075, and if the controlled substance is to be dispensed, the
41-20 practitioner must be registered under Section 481.063. In an
41-21 emergency, a person may dispense or administer a controlled
41-22 substance listed in Schedule II on the oral or telephonically
41-23 communicated prescription of a practitioner. The person who
41-24 administers or dispenses the substance shall:
41-25 (1) if the person is a prescribing practitioner or a
41-26 pharmacist, promptly comply with Subsection (c); or
41-27 (2) if the person is not a prescribing practitioner or
42-1 a pharmacist, promptly write the oral or telephonically
42-2 communicated prescription and [shall] include in the written record
42-3 of the prescription the name, address, and Federal Drug Enforcement
42-4 Administration number of the prescribing practitioner, all
42-5 information required to be provided by a [the] practitioner under
42-6 Section 481.075(e)(1) [481.075(d)], and all information required to
42-7 be provided by a [the] dispensing pharmacist under Section
42-8 481.075(e)(2) [481.075(f). The person shall send a copy of the
42-9 written record to the Department of Public Safety not later than
42-10 the 30th day after the date the prescription is filled].
42-11 (c) Not later than 72 hours after authorizing an emergency
42-12 oral or telephonically communicated prescription, the prescribing
42-13 practitioner shall cause a written prescription, completed in the
42-14 manner required by Section 481.075, to be delivered in person or
42-15 mailed to the dispensing pharmacist at the pharmacy where the
42-16 prescription was dispensed. The envelope of a prescription
42-17 delivered by mail must be postmarked not later than 72 hours after
42-18 the prescription was authorized. On receipt of the prescription,
42-19 the dispensing pharmacy shall file the transcription of the
42-20 telephonically communicated prescription and the pharmacy copy.
42-21 The pharmacist or the pharmacy that employs the pharmacist shall
42-22 send all information required by the director, including any
42-23 information required to complete an official prescription form, to
42-24 the director by electronic transfer, a universal claim form
42-25 customarily used by pharmaceutical service providers, or other form
42-26 approved by the director [to the Department of Public Safety the
42-27 department's copy] not later than the 30th day after the date the
43-1 prescription was dispensed.
43-2 (f) A prescription for a Schedule II controlled substance
43-3 written for a patient in a long-term care facility (LTCF) or for a
43-4 patient with a medical diagnosis documenting a terminal illness may
43-5 be filled in partial quantities to include individual dosage units.
43-6 If there is any question about whether a patient may be classified
43-7 as having a terminal illness, the pharmacist must contact the
43-8 practitioner prior to partially filling the prescription. Both the
43-9 pharmacist and the practitioner have a corresponding responsibility
43-10 to assure that the controlled substance is for a terminally ill
43-11 patient. The pharmacist must record [on] the prescription on an
43-12 official prescription form and must indicate on the form whether
43-13 the patient is "terminally ill" or an "LTCF patient." A
43-14 prescription that is partially filled and does not contain the
43-15 notation "terminally ill" or "LTCF patient" shall be deemed to have
43-16 been filled in violation of this Act. For each partial filling,
43-17 the dispensing pharmacist shall record on the back of [Copy 1 and
43-18 Copy 2 of] the official prescription form the date of the partial
43-19 filling, the quantity dispensed, the remaining quantity authorized
43-20 to be dispensed, and the identification of the dispensing
43-21 pharmacist. Prior to any subsequent partial filling, the
43-22 pharmacist is to determine that the additional partial filling is
43-23 necessary. The total quantity of Schedule II controlled substances
43-24 dispensed in all partial fillings must not exceed the total
43-25 quantity prescribed. Schedule II prescriptions for patients in a
43-26 long-term care facility or patients with a medical diagnosis
43-27 documenting a terminal illness shall be valid for a period not to
44-1 exceed 30 days from the issue date unless sooner terminated by
44-2 discontinuance of the medication.
44-3 (m) A pharmacist may permit the delivery of a controlled
44-4 substance by an authorized delivery person, by a person known to
44-5 the pharmacist, a pharmacist intern, or the authorized delivery
44-6 person, or by mail to the person or address of the person
44-7 authorized by the prescription to receive the controlled substance.
44-8 If a pharmacist permits delivery of a controlled substance under
44-9 this subsection, the pharmacist shall retain in the records of the
44-10 pharmacy for a period of not less than two years:
44-11 (1) the name of the authorized delivery person, if
44-12 delivery is made by that person;
44-13 (2) the name of the person known to the pharmacist, a
44-14 pharmacist intern, or the authorized delivery person if delivery is
44-15 made by that person; or
44-16 (3) the mailing address to which delivery is made, if
44-17 delivery is made by mail.
44-18 (n) A pharmacist may permit the delivery of a controlled
44-19 substance to a person not known to the pharmacist, a pharmacist
44-20 intern, or the authorized delivery person without first requiring
44-21 the identification of the person to whom the controlled substance
44-22 is delivered if the pharmacist determines that an emergency exists
44-23 and that the controlled substance is needed for the immediate
44-24 well-being of the patient for whom the controlled substance is
44-25 prescribed. If a pharmacist permits delivery of a controlled
44-26 substance under this subsection, the pharmacist shall retain in the
44-27 records of the pharmacy for a period of not less than two years all
45-1 information relevant to the delivery known to the pharmacist,
45-2 including the name, address, and date of birth or age of the person
45-3 to whom the controlled substance is delivered. The pharmacist
45-4 shall also retain in the records of the pharmacy for a period of
45-5 not less than two years the patient identification number of the
45-6 person to whom the controlled substance is delivered if the person
45-7 has such a number and that number is required by the prescribing
45-8 practitioner.
45-9 SECTION 13. Sections 481.074(h), (i), and (k), Health and
45-10 Safety Code, are amended to read as follows:
45-11 (h) A pharmacist may dispense a controlled substance listed
45-12 in Schedule III, IV, or V under an original written prescription
45-13 issued by a practitioner defined by Section 481.002(39)(C)
45-14 [481.002(38)(C)] and only if the pharmacist determines that the
45-15 prescription was issued for a valid medical purpose and in the
45-16 course of professional practice. A prescription issued under this
45-17 subsection may not be filled or refilled later than six months
45-18 after the date the prescription is issued, and a prescription
45-19 authorized to be refilled on the original prescription may not be
45-20 refilled more than five times.
45-21 (i) A person may not dispense a controlled substance listed
45-22 in Schedule V and containing 200 milligrams or less of codeine, or
45-23 any of its salts, per 100 milliliters or per 100 grams, or
45-24 containing 100 milligrams or less of dihydrocodeine, or any of its
45-25 salts, per 100 milliliters or per 100 grams, [Section 481.036(1) or
45-26 (2)] without the prescription of a practitioner defined by Section
45-27 481.002(39)(A), except that a practitioner may dispense the
46-1 substance directly to an ultimate user. A prescription issued
46-2 under this subsection may not be filled or refilled later than six
46-3 months after the date the prescription is issued and may not be
46-4 refilled more than five times, unless the prescription is renewed
46-5 by the practitioner.
46-6 (k) A prescription for a controlled substance must show:
46-7 (1) the quantity of the substance prescribed:
46-8 (A) numerically, followed by the number written
46-9 as a word, if the prescription is written; or
46-10 (B) if the prescription is communicated orally
46-11 or telephonically, as transcribed by the receiving pharmacist;
46-12 (2) the date of issue;
46-13 (3) the name and address of the patient or, if the
46-14 controlled substance is prescribed for an animal, the species of
46-15 the animal and the name and address of its owner;
46-16 (4) the name and strength of the controlled substance
46-17 prescribed;
46-18 (5) the directions for use of the controlled
46-19 substance;
46-20 [(6) the legibly stamped or printed name, address,
46-21 Federal Drug Enforcement Administration registration number, and
46-22 telephone number of the practitioner at the practitioner's usual
46-23 place of business.]
46-24 (6) the intended use of the substance prescribed
46-25 [drug] unless the practitioner determines the furnishing of this
46-26 information is not in the best interest of the patient; and
46-27 (7) the legibly printed or stamped name, address,
47-1 Federal Drug Enforcement Administration registration number, and
47-2 telephone number of the practitioner at the practitioner's usual
47-3 place of business[, legibly printed or stamped].
47-4 SECTION 14. Section 481.075, Health and Safety Code, is
47-5 amended to read as follows:
47-6 Sec. 481.075. OFFICIAL [TRIPLICATE] PRESCRIPTION PROGRAM.
47-7 (a) A practitioner who prescribes a controlled substance listed
47-8 in Schedule II shall, except as provided by rule adopted under
47-9 Section 481.0761, record the prescription on a prescription form
47-10 that includes the information required by this section and affix
47-11 to the form a prescription sticker issued by the director under
47-12 this section [that meets the requirements of Subsection (b)].
47-13 (b) Each prescription sticker must be sequentially numbered
47-14 and produced in a manner that makes impossible removal of the
47-15 sticker from the prescription form to which it is affixed.
47-16 (c) The director [Department of Public Safety] shall issue
47-17 prescription stickers [the forms] to practitioners for a fee
47-18 covering the actual cost of printing, [and] processing [the forms],
47-19 and mailing [containers, and binders and the actual cost of
47-20 mailing] the stickers [forms] at 100 stickers [forms] a package.
47-21 Before mailing or otherwise delivering prescription stickers
47-22 [forms] to a practitioner, the director [department] shall print on
47-23 each sticker the number of the sticker and any other information
47-24 the director determines is necessary [forms the practitioner's
47-25 name, address, Department of Public Safety registration number, and
47-26 Federal Drug Enforcement Administration number].
47-27 (d) A person may not obtain a [the] prescription sticker
48-1 [forms] unless the person is a practitioner as defined by Section
48-2 481.002(39)(A) or an institutional practitioner.
48-3 (e) [(b)] Each prescription form used to prescribe a
48-4 Schedule II controlled substance must [be serially numbered and in
48-5 triplicate, with the original copy labeled "Copy 1," the duplicate
48-6 copy labeled "Copy 2," and the triplicate copy labeled "Copy 3."
48-7 Each form must] contain [spaces for]:
48-8 (1) information provided by the prescribing
48-9 practitioner, including:
48-10 (A) the date the prescription is written;
48-11 (B) [(2) the date the prescription is filled;]
48-12 [(3)] the controlled substance [drug] prescribed;
48-13 (C) the quantity of controlled substance
48-14 prescribed, shown numerically followed by the number written as a
48-15 word;
48-16 (D) the intended use of the controlled substance
48-17 or the diagnosis for which it is prescribed[, the dosage,] and the
48-18 instructions for use of the substance;
48-19 (E) [(4)] the practitioner's name, address, and
48-20 Federal Drug Enforcement Administration number [of the dispensing
48-21 pharmacy and the name of the pharmacist who fills the
48-22 prescription]; and
48-23 (F) [(5)] the name, address, date of birth or
48-24 [and] age, and patient identification number of the person for whom
48-25 the controlled substance is prescribed;
48-26 (2) information provided by the dispensing pharmacist,
48-27 including the date the prescription is filled; and
49-1 (3) the signatures of the prescribing practitioner and
49-2 the dispensing pharmacist.
49-3 (f) [(c)] Not more than one prescription may be recorded on
49-4 an official [a] prescription form, except as provided by rule
49-5 adopted under Section 481.0761.
49-6 (g) [(d)] Except for oral prescriptions prescribed under
49-7 Section 481.074(b), the prescribing practitioner shall:
49-8 (1) legibly fill in, or direct a designated agent to
49-9 legibly fill in, on [all three copies of] the official prescription
49-10 form, each item of information required to be [in the space]
49-11 provided by the prescribing practitioner under Subsection (e)(1),
49-12 unless the practioner determines that:
49-13 (A) under rule adopted by the director for this
49-14 purpose, it is unnecessary for the practitioner or the
49-15 practitioner's agent to provide the patient identification number
49-16 [the date the prescription is written]; or
49-17 (B) it is not in the best interest of the
49-18 patient for the practitioner or practitioner's agent to provide
49-19 information regarding [the drug prescribed, the quantity (shown
49-20 numerically followed by the number written as a word), instructions
49-21 for use, and] the intended use of the controlled substance [drug]
49-22 or the diagnosis for which it [the controlled substance] is
49-23 prescribed; and
49-24 [(C) the name, address, and age of the patient
49-25 or, in the case of an animal, its owner, for whom the controlled
49-26 substance is prescribed;]
49-27 (2) sign [Copies 1 and 2 of] the official prescription
50-1 form and give the form [them] to the person authorized to receive
50-2 the prescription[; and]
50-3 [(3) retain Copy 3 of the form with the practitioner's
50-4 records for at least two years after the date the prescription is
50-5 written].
50-6 (h) [(e)] In the case of an oral prescription prescribed
50-7 under Section 481.074(b), the prescribing practitioner shall give
50-8 the dispensing pharmacy the information needed to complete the
50-9 form.
50-10 (i) [(f)] Each dispensing pharmacist shall:
50-11 (1) fill in on [Copies 1 and 2 of] the official
50-12 prescription form each item of [in the space provided the]
50-13 information given orally to the dispensing pharmacy under
50-14 Subsection (h), the date the prescription is filled, and the
50-15 dispensing pharmacist's signature [not required to be filled in by
50-16 the prescribing practitioner or the Department of Public Safety];
50-17 (2) [indicate the total quantity dispensed on the face
50-18 of the triplicate prescription form;]
50-19 [(3)] retain [Copy 2] with the records of the pharmacy
50-20 for at least two years:
50-21 (A) the official prescription form; and
50-22 (B) the name or other patient identification
50-23 required by Section 481.074(m) or (n); and
50-24 (3) [(4) sign Copy 1 and] send all information
50-25 required by the director, including any information required to
50-26 complete an official prescription form, [it] to the director by
50-27 electronic transfer, a universal claim form customarily used by
51-1 pharmaceutical service providers, or other form approved by the
51-2 director [Department of Public Safety] not later than the 30th day
51-3 after the date the prescription is filled or not later than the
51-4 30th day after the completion of a prescription dispensed under
51-5 Section 481.074(f).
51-6 (j) [(g)] A medication order written for a patient who is
51-7 admitted to a hospital at the time the medication order is written
51-8 and filled is not required to be on a form that meets the
51-9 requirements of this section.
51-10 (k) [(h)] Not later than the 30th [seventh] day after the
51-11 date a practitioner's department [Department of Public Safety]
51-12 registration number, Federal Drug Enforcement Administration
51-13 number, or license to practice has been denied, suspended,
51-14 canceled, surrendered, or revoked, the practitioner shall return to
51-15 the department all prescription stickers [forms] in the
51-16 practitioner's possession that [are issued under Subsection (a)
51-17 and] have not been used for prescriptions.
51-18 (l) Each prescribing practitioner:
51-19 (1) may use a prescription sticker only to prescribe
51-20 a controlled substance;
51-21 (2) shall date or sign an official prescription form
51-22 only on the date the prescription is issued; and
51-23 (3) shall take reasonable precautionary measures to
51-24 ensure that a prescription sticker issued to the practitioner is
51-25 not used by another person to violate this subchapter or a rule
51-26 adopted under this subchapter.
51-27 (m) A pharmacy in this state may fill a prescription for a
52-1 controlled substance listed in Schedule II issued by a practitioner
52-2 in another state if:
52-3 (1) a substantial share of the pharmacy's business
52-4 involves the dispensing and mailing of controlled substances;
52-5 (2) the prescription is issued by a prescribing
52-6 practitioner in the other state in the ordinary course of practice;
52-7 and
52-8 (3) the prescription is filled in compliance with a
52-9 written plan providing the manner in which the pharmacy may fill a
52-10 Schedule II prescription issued by a practitioner in another state
52-11 that:
52-12 (A) is submitted by the pharmacy to the
52-13 director; and
52-14 (B) is approved by the director in consultation
52-15 with the Texas State Board of Pharmacy.
52-16 (n) This section expires September 1, 2003.
52-17 [(i) The director may adopt rules to implement this section
52-18 and Section 481.076.]
52-19 SECTION 15. Section 481.076, Health and Safety Code, is
52-20 amended to read as follows:
52-21 Sec. 481.076. OFFICIAL [TRIPLICATE] PRESCRIPTION
52-22 INFORMATION. (a) The director may not permit any person to have
52-23 access to information submitted to the director [Department of
52-24 Public Safety] under Section 481.075 except:
52-25 (1) an investigator [investigators] for the Texas
52-26 State Board of Medical Examiners, the Texas State Board of
52-27 Podiatric Medical Examiners, the State Board of Dental Examiners,
53-1 the State Board of Veterinary Medical Examiners, or the Texas State
53-2 Board of Pharmacy; [or]
53-3 (2) an authorized officer or member [officers] of the
53-4 department [Department of Public Safety] engaged in the
53-5 administration, investigation, or enforcement of [suspected
53-6 criminal violations of] this chapter or another law governing
53-7 illicit drugs in this state or another state; or
53-8 (3) if the director finds that proper need has been
53-9 shown to the director:
53-10 (A) a law enforcement or prosecutorial official
53-11 engaged in the administration, investigation, or enforcement of
53-12 this chapter or another law governing illicit drugs in this state
53-13 or another state;
53-14 (B) a pharmacist or practitioner who is a
53-15 physician, dentist, veterinarian, or podiatrist and is inquiring
53-16 about the recent Schedule II prescription history of a particular
53-17 patient of the practitioner; or
53-18 (C) a pharmacist or practitioner who is
53-19 inquiring about the person's own dispensing or prescribing activity
53-20 [who obtain access with the approval of an investigator listed in
53-21 Subdivision (1)].
53-22 (b) This section does not prohibit the director from
53-23 creating, using, or disclosing statistical data about information
53-24 received by the director under this section if the director removes
53-25 any information reasonably likely to reveal the identity of each
53-26 patient, practitioner, or other person who is a subject of the
53-27 information. [An investigator listed in Subsection (a)(1) shall
54-1 cooperate with and assist the authorized officers of the
54-2 Department of Public Safety in obtaining information for
54-3 investigations of suspected criminal violations of this chapter.]
54-4 (c) The director by rule [Department of Public Safety] shall
54-5 design and implement a system for submission of information to the
54-6 director by electronic or other means and for retrieval of
54-7 information submitted to the director [department] under this
54-8 section and Section 481.075. The director [department] shall use
54-9 automated information security techniques and devices to preclude
54-10 improper access to the information. The director shall submit the
54-11 system design to the Texas State Board of Pharmacy and the Texas
54-12 State Board of Medical Examiners for review and approval or comment
54-13 a reasonable time before implementation of the system and shall
54-14 comply with the comments of those agencies unless it is
54-15 unreasonable to do so.
54-16 (d) Information submitted to the director [Department of
54-17 Public Safety] under this section may be used only for:
54-18 (1) the administration, investigation, or enforcement
54-19 of this chapter or another law governing illicit drugs in this
54-20 state or another state;
54-21 (2) [drug-related criminal investigatory or
54-22 evidentiary purposes or for] investigatory or evidentiary purposes
54-23 in connection with the functions of an agency listed in Subsection
54-24 (a)(1); or
54-25 (3) dissemination by the director to the public in the
54-26 form of a statistical tabulation or report if all information
54-27 reasonably likely to reveal the identity of each patient,
55-1 practitioner, or other person who is a subject of the information
55-2 has been removed.
55-3 (e) The director [Department of Public Safety] shall remove
55-4 from the information retrieval system, destroy, and make
55-5 irretrievable the record of the identity of a patient submitted
55-6 under this section to the director [department] not later than the
55-7 end of the 12th calendar month after the month in which the
55-8 identity is entered into the system. However, the director
55-9 [department] may retain a patient identity that is necessary for
55-10 use in a specific ongoing investigation conducted in accordance
55-11 with this section until the 30th day after the end of the month in
55-12 which the necessity for retention of the identity ends.
55-13 (f) If the director permits access to information under
55-14 Subsection (a)(2) relating to a person licensed or regulated by an
55-15 agency listed in Subsection (a)(1), the director shall notify and
55-16 cooperate with that agency regarding the disposition of the matter
55-17 before taking action against the person, unless the director
55-18 determines that notification is reasonably likely to interfere with
55-19 an administrative or criminal investigation or prosecution.
55-20 (g) If the director permits access to information under
55-21 Subsection (a)(3)(A) relating to a person licensed or regulated by
55-22 an agency listed in Subsection (a)(1), the director shall notify
55-23 that agency of the disclosure of the information not later than the
55-24 10th working day after the date the information is disclosed
55-25 unless:
55-26 (1) the person to whom the information is disclosed
55-27 requests the director to withhold notification to the agency; and
56-1 (2) the director determines that notification is
56-2 reasonably likely to interfere with an administrative or criminal
56-3 investigation or prosecution.
56-4 (h) If the director withholds notification to an agency
56-5 under Subsection (g), the director shall notify the agency of the
56-6 disclosure of the information and the reason for withholding
56-7 notification when the director determines that notification is no
56-8 longer likely to interfere with an administrative or criminal
56-9 investigation or prosecution.
56-10 (i) Information submitted to the director under Section
56-11 481.075 is confidential and remains confidential regardless of
56-12 whether the director permits access to the information under this
56-13 section.
56-14 (j) This section expires September 1, 2003. [The department
56-15 shall report semiannually, based on the state fiscal year, to the
56-16 Legislative Budget Board certifying that this subsection has been
56-17 complied with and setting forth in detail the results of monthly
56-18 audits showing that identities have been removed from the system
56-19 and made irretrievable in compliance with this subsection. The
56-20 department shall correct any failure to comply with this subsection
56-21 as soon as practicable after discovery. A person who is
56-22 responsible for a failure to comply with this subsection is subject
56-23 to disciplinary action, including dismissal.]
56-24 SECTION 16. Subchapter C, Chapter 481, Health and Safety
56-25 Code, is amended by adding Section 481.0761 to read as follows:
56-26 Sec. 481.0761. RULES; AUTHORITY TO CONTRACT. (a) The
56-27 director shall consult with the Texas State Board of Pharmacy and
57-1 by rule establish and revise as necessary a standardized database
57-2 format that may be used by a pharmacy to transmit the information
57-3 required by Section 481.075(i) to the director electronically or to
57-4 deliver the information on storage media, including disks, tapes,
57-5 and cassettes.
57-6 (b) The director shall consult with the Texas Department of
57-7 Health, the Texas State Board of Pharmacy, and the Texas State
57-8 Board of Medical Examiners and by rule may:
57-9 (1) remove a controlled substance listed in Schedule
57-10 II from the official prescription program, if the director
57-11 determines that the burden imposed by the program substantially
57-12 outweighs the risk of diversion of the particular controlled
57-13 substance; or
57-14 (2) return a substance previously removed from
57-15 Schedule II to the official prescription program, if the director
57-16 determines that the risk of diversion substantially outweighs the
57-17 burden imposed by the program on the particular controlled
57-18 substance.
57-19 (c) The director by rule may:
57-20 (1) permit more than one prescription to be
57-21 administered or dispensed and recorded on one official prescription
57-22 form;
57-23 (2) remove from or return to the official prescription
57-24 program any aspect of a practitioner's or pharmacist's hospital
57-25 practice, including administering or dispensing;
57-26 (3) waive or delay any requirement relating to the
57-27 time or manner of reporting;
58-1 (4) establish compatibility protocols for electronic
58-2 data transfer hardware, software, or format;
58-3 (5) establish a procedure to control the release of
58-4 information under Sections 481.075 and 481.076; and
58-5 (6) establish a minimum level of prescription activity
58-6 below which a reporting activity may be modified or deleted.
58-7 (d) The director by rule shall authorize a practitioner to
58-8 determine whether it is necessary to obtain a particular patient
58-9 identification number and to provide that number on the official
58-10 prescription form.
58-11 (e) In adopting a rule relating to the electronic transfer
58-12 of information under this subchapter, the director shall consider
58-13 the economic impact of the rule on practitioners and pharmacists
58-14 and, to the extent permitted by law, act to minimize any negative
58-15 economic impact, including the imposition of costs related to
58-16 computer hardware or software or to the transfer of information.
58-17 The director may not adopt a rule relating to the electronic
58-18 transfer of information under this subchapter that imposes a fee in
58-19 addition to the fee authorized by Section 481.064.
58-20 (f) The director may authorize a contract between the
58-21 department and another agency of this state or a private vendor as
58-22 necessary to ensure the effective operation of the official
58-23 prescription program.
58-24 (g) This section expires September 1, 2003.
58-25 SECTION 17. Sections 481.077(a), (b), (c), (k), and (l),
58-26 Health and Safety Code, are amended to read as follows:
58-27 (a) Except as provided by Subsection (l), a person who
59-1 sells, transfers, or otherwise furnishes any of the following
59-2 precursor substances to a person shall make an accurate and
59-3 legible record of the transaction and maintain the record for at
59-4 least two years after the date of the transaction:
59-5 (1) Methylamine;
59-6 (2) Ethylamine;
59-7 (3) D-lysergic acid;
59-8 (4) Ergotamine tartrate;
59-9 (5) Diethyl malonate;
59-10 (6) Malonic acid;
59-11 (7) Ethyl malonate;
59-12 (8) Barbituric acid;
59-13 (9) Piperidine;
59-14 (10) N-acetylanthranilic acid;
59-15 (11) Pyrrolidine;
59-16 (12) Phenylacetic acid;
59-17 (13) Anthranilic acid;
59-18 (14) [Morpholine;]
59-19 [(15)] Ephedrine;
59-20 (15) [(16)] Pseudoephedrine;
59-21 (16) Norpseudoephedrine [or norpseudoephedrine]; or
59-22 (17) Phenylpropanolamine.
59-23 (b) The director by rule may:
59-24 (1) name an additional chemical substance as a
59-25 precursor [substances as precursors] for purposes of Subsection
59-26 (a) if the director determines that public health and welfare are
59-27 jeopardized by evidenced proliferation or use of the [a chemical]
60-1 substance [used] in the illicit manufacture of a controlled
60-2 substance or controlled substance analogue; or
60-3 (2) [. The director by rule may] delete a substance
60-4 listed in [named as a precursor for purposes of] Subsection (a) if
60-5 the director determines that the substance does not jeopardize
60-6 public health and welfare or is not used in the illicit manufacture
60-7 of a controlled substance or a controlled substance analogue.
60-8 (c) This section and Section 481.078 do not apply to a
60-9 person to whom a registration has been issued under Section 481.063
60-10 [The Department of Public Safety shall file with the secretary of
60-11 state a certified copy of a rule adopted under this section].
60-12 (k) Unless the person is the holder of only a permit issued
60-13 under Section 481.078(b)(1), a [A] manufacturer, wholesaler,
60-14 retailer, or other person who sells, transfers, or otherwise
60-15 furnishes any substance subject to Subsection (a) or a permit
60-16 holder, commercial purchaser, or other person who receives a
60-17 substance governed by Subsection (a):
60-18 (1) shall maintain records and inventories in
60-19 accordance with rules established by the director;
60-20 (2) [and] shall allow a member of the Department of
60-21 Public Safety or a peace officer to conduct audits and inspect
60-22 records of purchases and sales and all other records made in
60-23 accordance with this section at any reasonable time; and
60-24 (3) may not interfere with the audit or with the full
60-25 and complete inspection or copying of those records [. This
60-26 subsection does not apply to a recipient who has obtained a
60-27 precursor substance subject to Subsection (a) and who is a permit
61-1 holder under Section 481.078].
61-2 (l) This section does not apply to the sale or transfer of a
61-3 nonnarcotic product that includes a precursor substance subject to
61-4 Subsection (a) if the sale or transfer complies with federal law
61-5 and involves a product that may be sold lawfully with a
61-6 prescription or over the counter without a prescription under the
61-7 Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et
61-8 seq.) or a rule adopted under that Act.
61-9 SECTION 18. Section 481.078, Health and Safety Code, is
61-10 amended by amending Subsections (b) and (e) and adding Subsection
61-11 (f) to read as follows:
61-12 (b) The director [Department of Public Safety] by rule shall
61-13 adopt [develop] procedures and standards for the issuance and
61-14 renewal or the voluntary surrender, cancellation, suspension,
61-15 probation, or revocation of:
61-16 (1) a permit for one sale, transfer, receipt, or
61-17 otherwise furnishing of a controlled substance precursor; or
61-18 (2) a permit for more than one sale, transfer,
61-19 receipt, or otherwise furnishing of a controlled substance
61-20 precursor.
61-21 (e) The director may not issue a permit under this section
61-22 unless the person applying for the permit delivers to the director
61-23 a written consent to inspect signed by the person that grants to
61-24 the director the right to inspect any controlled premises, record,
61-25 chemical precursor, or other item governed by this chapter in the
61-26 care, custody, or control of the person. After the director
61-27 receives the consent, the director may inspect any controlled
62-1 premises, record, chemical precursor, or other item to which the
62-2 consent applies.
62-3 (f) The director may adopt rules to establish security
62-4 controls and provide for the inspection of a place, entity, or item
62-5 to which a chemical precursor transfer permit applies.
62-6 [Department of Public Safety shall file with the secretary of state
62-7 a certified copy of a rule adopted under this section.]
62-8 SECTION 19. Sections 481.080(a), (d), (e), and (m), Health
62-9 and Safety Code, are amended to read as follows:
62-10 (a) In this section, "chemical laboratory apparatus" means
62-11 any item of equipment designed, made, or adapted to manufacture a
62-12 controlled substance or a controlled substance analogue, including:
62-13 (1) a condenser [condensers];
62-14 (2) a distilling apparatus;
62-15 (3) a vacuum drier [dryers];
62-16 (4) a three-neck or [flasks;]
62-17 [(5)] distilling flask;
62-18 (5) a [flasks;]
62-19 [(6)] tableting machine;
62-20 (6) an [machines; or]
62-21 [(7)] encapsulating machine;
62-22 (7) a filter, Buchner, or separatory funnel;
62-23 (8) an Erlenmeyer, two-neck, or single-neck flask;
62-24 (9) a round-bottom, Florence, thermometer, or
62-25 filtering flask;
62-26 (10) a Soxhlet extractor;
62-27 (11) a transformer;
63-1 (12) a flask heater;
63-2 (13) a heating mantel; or
63-3 (14) an adaptor tube [machines].
63-4 (d) The director by rule may:
63-5 (1) name additional chemical laboratory apparatus for
63-6 purposes of Subsection (a) if the director determines that public
63-7 health and welfare are jeopardized by evidenced proliferation or
63-8 use of a chemical laboratory apparatus in the illicit manufacture
63-9 of a controlled substance or controlled substance analogue; or
63-10 (2) [. The director by rule may] delete an apparatus
63-11 listed in Subsection (a) if the director determines that the
63-12 apparatus does not jeopardize public health and welfare or is not
63-13 used in the illicit manufacture of a controlled substance or a
63-14 controlled substance analogue.
63-15 (e) This section and Section 481.081 do not apply to a
63-16 person to whom a registration has been issued under Section 481.063
63-17 [The Department of Public Safety shall file with the secretary of
63-18 state a certified copy of a rule adopted under this section].
63-19 (m) This subsection applies to a [A] manufacturer,
63-20 wholesaler, retailer, or other person who sells, transfers, or
63-21 otherwise furnishes any apparatus subject to Subsection (a) and to
63-22 a permit holder, commercial purchaser, or other person who receives
63-23 an apparatus governed by Subsection (a) unless the person is the
63-24 holder of only a permit issued under Section 481.081(b)(1). A
63-25 person covered by this subsection:
63-26 (1) shall maintain records and inventories in
63-27 accordance with rules established by the director;
64-1 (2) [and] shall allow a member of the Department of
64-2 Public Safety or a peace officer to conduct audits and inspect
64-3 records of purchases and sales and all other records made in
64-4 accordance with this section at any reasonable time; and
64-5 (3) may not interfere with the audit or with the full
64-6 and complete inspection or copying of those records [. This
64-7 subsection does not apply to a recipient who has obtained a
64-8 chemical laboratory apparatus subject to Subsection (a) and who is
64-9 a permit holder under Section 481.081].
64-10 SECTION 20. Section 481.081, Health and Safety Code, is
64-11 amended by amending Subsections (b) and (e) and adding Subsection
64-12 (f) to read as follows:
64-13 (b) The director [Department of Public Safety] by rule shall
64-14 adopt [develop] procedures and standards for the issuance and
64-15 renewal or the voluntary surrender, cancellation, suspension,
64-16 probation, or revocation of:
64-17 (1) a permit for one sale, transfer, receipt, or
64-18 otherwise furnishing of a chemical laboratory apparatus; or
64-19 (2) a permit for more than one sale, transfer,
64-20 receipt, or otherwise furnishing of a chemical laboratory
64-21 apparatus.
64-22 (e) The director may not issue a permit under this section
64-23 unless the person applying for the permit delivers to the director
64-24 a written consent to inspect signed by the person that grants to
64-25 the director the right to inspect any controlled premises, record,
64-26 chemical laboratory apparatus, or other item governed by this
64-27 chapter in the care, custody, or control of the person. After the
65-1 director receives the consent, the director may inspect any
65-2 controlled premises, record, chemical laboratory apparatus, or
65-3 other item to which the consent applies.
65-4 (f) The director may by rule establish security controls and
65-5 provide for the inspection of a place, entity, or item to which a
65-6 chemical laboratory apparatus transfer permit applies. [Department
65-7 of Public Safety shall file with the secretary of state a certified
65-8 copy of a rule adopted under this section.]
65-9 SECTION 21. Section 481.102, Health and Safety Code, is
65-10 amended to read as follows:
65-11 Sec. 481.102. PENALTY GROUP 1. Penalty Group 1 consists of:
65-12 (1) the following opiates, including their isomers,
65-13 esters, ethers, salts, and salts of isomers, esters, and ethers,
65-14 unless specifically excepted, if the existence of these isomers,
65-15 esters, ethers, and salts is possible within the specific chemical
65-16 designation:
65-17 Alfentanil;
65-18 Allylprodine;
65-19 Alphacetylmethadol;
65-20 Benzethidine;
65-21 Betaprodine;
65-22 Clonitazene;
65-23 Diampromide;
65-24 Diethylthiambutene;
65-25 Difenoxin not listed in Penalty Group 3 or 4;
65-26 Dimenoxadol;
65-27 Dimethylthiambutene;
66-1 Dioxaphetyl butyrate;
66-2 Dipipanone;
66-3 Ethylmethylthiambutene;
66-4 Etonitazene;
66-5 Etoxeridine;
66-6 Furethidine;
66-7 Hydroxypethidine;
66-8 Ketobemidone;
66-9 Levophenacylmorphan;
66-10 Meprodine;
66-11 Methadol;
66-12 Moramide;
66-13 Morpheridine;
66-14 Noracymethadol;
66-15 Norlevorphanol;
66-16 Normethadone;
66-17 Norpipanone;
66-18 Phenadoxone;
66-19 Phenampromide;
66-20 Phenomorphan;
66-21 Phenoperidine;
66-22 Piritramide;
66-23 Proheptazine;
66-24 Properidine;
66-25 Propiram;
66-26 Sufentanil;
66-27 Tilidine; and
67-1 Trimeperidine;
67-2 (2) the following opium derivatives, their salts,
67-3 isomers, and salts of isomers, unless specifically excepted, if the
67-4 existence of these salts, isomers, and salts of isomers is
67-5 possible within the specific chemical designation:
67-6 Acetorphine;
67-7 Acetyldihydrocodeine;
67-8 Benzylmorphine;
67-9 Codeine methylbromide;
67-10 Codeine-N-Oxide;
67-11 Cyprenorphine;
67-12 Desomorphine;
67-13 Dihydromorphine;
67-14 Drotebanol;
67-15 Etorphine, except hydrochloride salt;
67-16 Heroin;
67-17 Hydromorphinol;
67-18 Methyldesorphine;
67-19 Methyldihydromorphine;
67-20 Monoacetylmorphine;
67-21 Morphine methylbromide;
67-22 Morphine methylsulfonate;
67-23 Morphine-N-Oxide;
67-24 Myrophine;
67-25 Nicocodeine;
67-26 Nicomorphine;
67-27 Normorphine;
68-1 Pholcodine; and
68-2 Thebacon;
68-3 (3) the following substances, however produced, except
68-4 those narcotic drugs listed in another group:
68-5 (A) Opium and opiate not listed in Penalty Group
68-6 3 or 4, and a salt, compound, derivative, or preparation of opium
68-7 or opiate, other than thebaine derived butorphanol, nalmefene and
68-8 its salts, naloxone and its salts, and naltrexone and its salts,
68-9 but including:
68-10 Codeine not listed in Penalty Group 3 or 4;
68-11 Ethylmorphine not listed in Penalty Group 3
68-12 or 4;
68-13 Granulated opium;
68-14 Hydrocodone not listed in Penalty Group 3;
68-15 Hydromorphone;
68-16 Metopon;
68-17 Morphine not listed in Penalty Group 3;
68-18 Opium extracts;
68-19 Opium fluid extracts;
68-20 Oxycodone;
68-21 Oxymorphone;
68-22 Powdered opium;
68-23 Raw opium;
68-24 Thebaine; and
68-25 Tincture of opium;
68-26 (B) a salt, compound, isomer, derivative, or
68-27 preparation of a substance that is chemically equivalent or
69-1 identical to a substance described by Paragraph (A), other than
69-2 the isoquinoline alkaloids of opium;
69-3 (C) Opium poppy and poppy straw;
69-4 (D) Cocaine, including:
69-5 (i) its salts, its optical, position, and
69-6 geometric isomers, and the salts of those isomers;
69-7 (ii) coca leaves and a salt, compound,
69-8 derivative, or preparation of coca leaves;
69-9 (iii) a salt, compound, derivative, or
69-10 preparation of a salt, compound, or derivative that is chemically
69-11 equivalent or identical to a substance described by Subparagraph
69-12 (i) or (ii), other than decocainized coca leaves or extractions of
69-13 coca leaves that do not contain cocaine or ecgonine; and
69-14 (E) concentrate of poppy straw, meaning the
69-15 crude extract of poppy straw in liquid, solid, or powder form that
69-16 contains the phenanthrine alkaloids of the opium poppy[; and]
69-17 [(F) temporary listing of substances subject to
69-18 emergency scheduling by the Federal Drug Enforcement
69-19 Administration];
69-20 (4) the following opiates, including their isomers,
69-21 esters, ethers, salts, and salts of isomers, if the existence of
69-22 these isomers, esters, ethers, and salts is possible within the
69-23 specific chemical designation:
69-24 Acetyl-alpha-methylfentanyl
69-25 (N-(1-(1-methyl-2-phenethyl)-4-piperidinyl)-N-phenylacetamide);
69-26 Alpha-methylthiofentanyl
69-27 (N-(1-methyl-2-(2-thienyl)ethyl-4-piperidinyl)-N-phenylpropanamide);
70-1 Alphaprodine;
70-2 Anileridine;
70-3 Beta-hydroxyfentanyl
70-4 (N-(1-(2-hydroxy-2-phenethyl)-4-piperidinyl)-N-phenylpropanamide);
70-5 Beta-hydroxy-3-methylfentanyl;
70-6 Bezitramide;
70-7 Carfentanil;
70-8 Dihydrocodeine not listed in Penalty Group 3 or
70-9 4;
70-10 Diphenoxylate not listed in Penalty Group 3 or 4;
70-11 Fentanyl or alpha-methylfentanyl, or any other
70-12 derivative of Fentanyl;
70-13 Isomethadone;
70-14 Levomethorphan;
70-15 Levorphanol;
70-16 Metazocine;
70-17 Methadone;
70-18 Methadone-Intermediate,
70-19 4-cyano-2-dimethylamino-4, 4-diphenyl butane;
70-20 3-methylfentanyl(N-(3-methyl-1-(2-phenylethyl)-
70-21 4-piperidyl)-N-phenylpropanamide);
70-22 3-methylthiofentanyl(N-(3-methyl-1-(2-thienyl)
70-23 ethyl-4-piperidinyl[piperidyl])-N-phenylpropanamide);
70-24 Moramide-Intermediate, 2-methyl-3-morpholino-1,
70-25 1-diphenyl-propane-carboxylic acid;
70-26 Para-fluorofentanyl(N-(4-fluorophenyl)-N-(1-
70-27 (2-phenylethyl)-4-piperidinyl)propanamide);
71-1 PEPAP
71-2 (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine);
71-3 Pethidine (Meperidine);
71-4 Pethidine-Intermediate-A,
71-5 4-cyano-1-methyl-4-phenylpiperidine;
71-6 Pethidine-Intermediate-B,
71-7 ethyl-4-phenylpiperidine-4 carboxylate;
71-8 Pethidine-Intermediate-C,
71-9 1-methyl-4-phenylpiperidine-4-carboxylic acid;
71-10 Phenazocine;
71-11 Piminodine;
71-12 Racemethorphan;
71-13 Racemorphan; and
71-14 Thiofentanyl(N-phenyl-N-(1-(2-thienyl)ethyl-4-
71-15 piperidinyl)-propanamide);
71-16 (5) Flunitrazepam (some trade or other names:
71-17 Rohypnol) [Lysergic acid diethylamide, including its salts,
71-18 isomers, and salts of isomers];
71-19 (6) Methamphetamine, including its salts, optical
71-20 isomers, and salts of optical isomers;
71-21 (7) Phenylacetone and methylamine, if possessed
71-22 together with intent to manufacture methamphetamine; [and]
71-23 (8) Phencyclidine, including its salts; and
71-24 (9) Gamma hydroxybutyrate, including its salts.
71-25 SECTION 22. Subchapter D, Chapter 481, Health and Safety
71-26 Code, is amended by adding Section 481.1021 to read as follows:
71-27 Sec. 481.1021. PENALTY GROUP 1-A. Penalty Group 1-A
72-1 consists of lysergic acid diethylamide (LSD), including its salts,
72-2 isomers, and salts of isomers.
72-3 SECTION 23. Section 481.103, Health and Safety Code, is
72-4 amended to read as follows:
72-5 Sec. 481.103. PENALTY GROUP 2. (a) Penalty Group 2
72-6 consists of:
72-7 (1) any quantity of the following hallucinogenic
72-8 substances, their salts, isomers, and salts of isomers, unless
72-9 specifically excepted, if the existence of these salts, isomers,
72-10 and salts of isomers is possible within the specific chemical
72-11 designation:
72-12 alpha-ethyltryptamine;
72-13 4-bromo-2, 5-dimethoxyamphetamine (some trade or
72-14 other names: 4-bromo-2, 5-dimethoxy-alpha-methylphenethylamine;
72-15 4-bromo-2, 5-DMA);
72-16 4-bromo-2, 5-dimethoxyphenethylamine;
72-17 Bufotenine (some trade and other names:
72-18 3-(beta-Dimethylaminoethyl)-5-hydroxyindole;
72-19 3-(2-dimethylaminoethyl)-5- indolol; N, N-dimethylserotonin;
72-20 5-hydroxy-N, N-dimethyltryptamine; mappine);
72-21 Diethyltryptamine (some trade and other names:
72-22 N, N-Diethyltryptamine, DET);
72-23 2, 5-dimethoxyamphetamine (some trade or other
72-24 names: 2, 5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA);
72-25 2, 5-dimethoxy-4-ethylamphetamine (some trade or
72-26 other names: DOET);
72-27 Dimethyltryptamine (some trade and other names:
73-1 DMT);
73-2 Dronabinol (synthetic) in sesame oil and
73-3 encapsulated in a soft gelatin capsule in a U.S. Food and Drug
73-4 Administration approved drug product (some trade or other names
73-5 for Dronabinol: (a6aR-trans)-6a,7,8,10a-tetrahydro-
73-6 6,6,9-trimethyl-3-pentyl-6H- dibenzo (b,d)pyran-1-ol or
73-7 (-)-delta-9-(trans)-tetrahydrocannabinol);
73-8 Ethylamine Analog of Phencyclidine (some trade or
73-9 other names: N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl)
73-10 ethylamine, N-(1-phenylcyclohexyl) ethylamine, cyclohexamine,
73-11 PCE);
73-12 Ibogaine (some trade or other names: 7-Ethyl-6,
73-13 6, beta 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6,
73-14 9-methano-5H-pyrido (1', 2':1, 2) azepino (5, 4-b) indole;
73-15 tabernanthe iboga.);
73-16 Mescaline;
73-17 5-methoxy-3, 4-methylenedioxy amphetamine;
73-18 4-methoxyamphetamine (some trade or other names:
73-19 4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine; PMA);
73-20 1-methyl- 4-phenyl-4-propionoxypiperidine (MPPP,
73-21 PPMP);
73-22 4-methyl-2, 5-dimethoxyamphetamine (some trade
73-23 and other names: 4-methyl-2,
73-24 5-dimethoxy-alpha-methylphenethylamine; "DOM"; "STP");
73-25 3,4-methylenedioxy methamphetamine (MDMA, MDM);
73-26 3,4-methylenedioxy amphetamine;
73-27 3,4-methylenedioxy N-ethylamphetamine (Also known
74-1 as N-ethyl MDA);
74-2 Nabilone (Another name for nabilone:
74-3 (+)-trans-3-(1,1-dimethylheptyl)- 6,6a,7,8,10,10a-hexahydro-1-
74-4 hydroxy-6,6-dimethyl-9H-dibenzo(b,d)pyran-9-one;
74-5 N-ethyl-3-piperidyl benzilate;
74-6 N-hydroxy-3,4-methylenedioxyamphetamine (Also
74-7 known as N-hydroxy MDA);
74-8 4-methylaminorex;
74-9 N-methyl-3-piperidyl benzilate;
74-10 Parahexyl (some trade or other names:
74-11 3-Hexyl-1-hydroxy-7, 8, 9, 10-tetrahydro-6, 6,
74-12 9-trimethyl-6H-dibenzo (b, d) pyran; Synhexyl);
74-13 1-Phenylcyclohexylamine;
74-14 1-Piperidinocyclohexanecarbonitrile (PCC);
74-15 Psilocin;
74-16 Psilocybin;
74-17 Pyrrolidine Analog of Phencyclidine (some trade
74-18 or other names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP);
74-19 Tetrahydrocannabinols, other than marihuana, and
74-20 synthetic equivalents of the substances contained in the plant, or
74-21 in the resinous extractives of Cannabis, or synthetic substances,
74-22 derivatives, and their isomers with similar chemical structure and
74-23 pharmacological activity such as:
74-24 delta-1 cis or trans tetrahydrocannabinol,
74-25 and their optical isomers;
74-26 delta-6 cis or trans tetrahydrocannabinol,
74-27 and their optical isomers;
75-1 delta-3, 4 cis or trans
75-2 tetrahydrocannabinol, and its optical isomers;
75-3 compounds of these structures, regardless
75-4 of numerical designation of atomic positions, since nomenclature of
75-5 these substances is not internationally standardized;
75-6 Thiophene Analog of Phencyclidine (some trade or
75-7 other names: 1-(1-(2-thienyl) cyclohexyl) piperidine; 2-Thienyl
75-8 Analog of Phencyclidine; TPCP, TCP);
75-9 1-(1-(2-thienyl)cyclohexyl)pyrrolidine (some
75-10 trade or other names: TCPy); and
75-11 3,4,5-trimethoxy amphetamine;
75-12 (2) Phenylacetone (some trade or other names:
75-13 Phenyl-2-propanone; P2P [P-2-P], Benzymethyl ketone, methyl benzyl
75-14 ketone); and
75-15 (3) unless specifically excepted or unless listed in
75-16 another Penalty Group, a material, compound, mixture, or
75-17 preparation that contains any quantity of the following substances
75-18 having a potential for abuse associated with a depressant or
75-19 stimulant effect on the central nervous system:
75-20 Aminorex (some trade or other names:
75-21 aminoxaphen; 2-amino-5-phenyl-2-oxazoline;
75-22 4,5-dihydro-5-phenyl-2-oxazolamine);
75-23 Amphetamine, its salts, optical isomers, and
75-24 salts of optical isomers;
75-25 Cathinone (some trade or other names:
75-26 2-amino-1-phenyl-1-propanone, alpha-aminopropiophenone,
75-27 2-aminopropiophenone);
76-1 Etorphine Hydrochloride;
76-2 Fenethylline and its salts;
76-3 Mecloqualone and its salts;
76-4 Methaqualone and its salts;
76-5 Methcathinone (some trade or other names:
76-6 2-methylamino-propiophenone; alpha-(methylamino)propriophenone;
76-7 2-(methylamino)-1-phenylpropan-1-one;
76-8 alpha-N-methylaminopropriophenone; monomethylpropion; ephedrone,
76-9 N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR
76-10 1431);
76-11 N-Ethylamphetamine, its salts, optical isomers,
76-12 and salts of optical isomers; and
76-13 N,N-dimethylamphetamine (some trade or other
76-14 names: N,N,alpha-trimethylbenzeneethaneamine;
76-15 N,N,alpha-trimethylphenethylamine), its salts, optical isomers, and
76-16 salts of optical isomers.
76-17 (b) For the purposes of Subsection (a)(1) only, the term
76-18 "isomer" includes an optical, position, or geometric isomer.
76-19 SECTION 24. Section 481.104, Health and Safety Code, is
76-20 amended to read as follows:
76-21 Sec. 481.104. PENALTY GROUP 3. (a) Penalty Group 3
76-22 consists of:
76-23 (1) a material, compound, mixture, or preparation that
76-24 contains any quantity of the following substances having a
76-25 potential for abuse associated with a stimulant effect on the
76-26 central nervous system:
76-27 Methylphenidate and its salts; and
77-1 Phenmetrazine and its salts;
77-2 (2) a material, compound, mixture, or preparation that
77-3 contains any quantity of the following substances having a
77-4 potential for abuse associated with a depressant effect on the
77-5 central nervous system:
77-6 a substance that contains any quantity of a
77-7 derivative of barbituric acid, or any salt of a derivative of
77-8 barbituric acid not otherwise covered by this subsection;
77-9 a compound, mixture, or preparation containing
77-10 amobarbital, secobarbital, pentobarbital, or any salt of any of
77-11 these, and one or more active medicinal ingredients that are not
77-12 listed in any penalty group;
77-13 a suppository dosage form containing amobarbital,
77-14 secobarbital, pentobarbital, or any salt of any of these drugs, and
77-15 approved by the United States Food and Drug Administration for
77-16 marketing only as a suppository;
77-17 Alprazolam;
77-18 Amobarbital;
77-19 Bromazepam;
77-20 Camazepam;
77-21 Chlordiazepoxide;
77-22 Chlorhexadol;
77-23 Clobazam;
77-24 Clonazepam;
77-25 Clorazepate;
77-26 Clotiazepam;
77-27 Cloxazolam;
78-1 Delorazepam;
78-2 Diazepam;
78-3 Estazolam;
78-4 Ethyl loflazepate;
78-5 Fludiazepam;
78-6 [Flunitrazepam;]
78-7 Flurazepam;
78-8 Glutethimide;
78-9 Halazepam;
78-10 Haloxzolam;
78-11 Ketazolam;
78-12 Loprazolam;
78-13 Lorazepam;
78-14 Lormetazepam;
78-15 Lysergic acid, including its salts, isomers, and
78-16 salts of isomers;
78-17 Lysergic acid amide, including its salts,
78-18 isomers, and salts of isomers;
78-19 Mebutamate;
78-20 Medazepam;
78-21 Methyprylon;
78-22 Midazolam;
78-23 Nimetazepam;
78-24 Nitrazepam;
78-25 Nordiazepam;
78-26 Oxazepam;
78-27 Oxazolam;
79-1 Pentazocine, its salts, derivatives, or compounds
79-2 or mixtures thereof;
79-3 Pentobarbital;
79-4 Pinazepam;
79-5 Prazepam;
79-6 Quazepam;
79-7 Secobarbital;
79-8 Sulfondiethylmethane;
79-9 Sulfonethylmethane;
79-10 Sulfonmethane;
79-11 Temazepam;
79-12 Tetrazepam;
79-13 Tiletamine and zolazepam in combination, and its
79-14 salts. (some trade or other names for a tiletamine-zolazepam
79-15 combination product: Telazol, for tiletamine:
79-16 2-(ethylamino)-2-(2-thienyl)-cyclohexanone, and for zolazepam:
79-17 4-(2-fluorophenyl)-6,
79-18 8-dihydro-1,3,8,-trimethylpyrazolo-(3,4-e)(1,4)-d
79-19 diazepin-7(1H)-one, flupyrazapon); [and]
79-20 Triazolam; and
79-21 Zolpidem;
79-22 (3) Nalorphine;
79-23 (4) a material, compound, mixture, or preparation
79-24 containing limited quantities of the following narcotic drugs, or
79-25 any of their salts:
79-26 not more than 1.8 grams of codeine, or any of its
79-27 salts, per 100 milliliters or not more than 90 milligrams per
80-1 dosage unit, with an equal or greater quantity of an isoquinoline
80-2 alkaloid of opium;
80-3 not more than 1.8 grams of codeine, or any of its
80-4 salts, per 100 milliliters or not more than 90 milligrams per
80-5 dosage unit, with one or more active, nonnarcotic ingredients in
80-6 recognized therapeutic amounts;
80-7 not more than 300 milligrams of dihydrocodeinone
80-8 (hydrocodone), or any of its salts, per 100 milliliters or not more
80-9 than 15 milligrams per dosage unit, with a fourfold or greater
80-10 quantity of an isoquinoline alkaloid of opium;
80-11 not more than 300 milligrams of dihydrocodeinone
80-12 (hydrocodone), or any of its salts, per 100 milliliters or not more
80-13 than 15 milligrams per dosage unit, with one or more active,
80-14 nonnarcotic ingredients in recognized therapeutic amounts;
80-15 not more than 1.8 grams of dihydrocodeine, or any
80-16 of its salts, per 100 milliliters or not more than 90 milligrams
80-17 per dosage unit, with one or more active, nonnarcotic ingredients
80-18 in recognized therapeutic amounts;
80-19 not more than 300 milligrams of ethylmorphine, or
80-20 any of its salts, per 100 milliliters or not more than 15
80-21 milligrams per dosage unit, with one or more active, nonnarcotic
80-22 ingredients in recognized therapeutic amounts;
80-23 not more than 500 milligrams of opium per 100
80-24 milliliters or per 100 grams, or not more than 25 milligrams per
80-25 dosage unit, with one or more active, nonnarcotic ingredients in
80-26 recognized therapeutic amounts;
80-27 not more than 50 milligrams of morphine, or any
81-1 of its salts, per 100 milliliters or per 100 grams with one or more
81-2 active, nonnarcotic ingredients in recognized therapeutic amounts;
81-3 and
81-4 not more than 1 milligram of difenoxin and not
81-5 less than 25 micrograms of atropine sulfate per dosage unit;
81-6 (5) a material, compound, mixture, or preparation that
81-7 contains any quantity of the following substances:
81-8 Barbital;
81-9 Chloral betaine;
81-10 Chloral hydrate;
81-11 Ethchlorvynol;
81-12 Ethinamate;
81-13 Meprobamate;
81-14 Methohexital;
81-15 Methylphenobarbital (Mephobarbital);
81-16 Paraldehyde;
81-17 Petrichloral; and
81-18 Phenobarbital;
81-19 (6) Peyote, unless unharvested and growing in its
81-20 natural state, meaning all parts of the plant classified
81-21 botanically as Lophophora, whether growing or not, the seeds of the
81-22 plant, an extract from a part of the plant, and every compound,
81-23 manufacture, salt, derivative, mixture, or preparation of the
81-24 plant, its seeds, or extracts;
81-25 (7) unless listed in another penalty group, a
81-26 material, compound, mixture, or preparation that contains any
81-27 quantity of the following substances having a stimulant effect on
82-1 the central nervous system, including the substance's salts,
82-2 optical, position, or geometric isomers, and salts of the
82-3 substance's isomers, if the existence of the salts, isomers, and
82-4 salts of isomers is possible within the specific chemical
82-5 designation:
82-6 Benzphetamine;
82-7 Cathine ((+)-norpseudoephedrine);
82-8 Chlorphentermine;
82-9 Clortermine;
82-10 Diethylpropion;
82-11 Fencamfamin;
82-12 Fenfluramine;
82-13 Fenproporex;
82-14 Mazindol;
82-15 Mefenorex;
82-16 Pemoline (including organometallic complexes and
82-17 their chelates);
82-18 Phendimetrazine;
82-19 Phentermine;
82-20 Pipradrol; and
82-21 SPA ((-)-1-dimethylamino-1,2-diphenylethane);
82-22 (8) unless specifically excepted or unless listed in
82-23 another penalty group, a material, compound, mixture, or
82-24 preparation that contains any quantity of the following substance,
82-25 including its salts:
82-26 Dextropropoxyphene
82-27 (Alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-propionoxybutane);
83-1 and
83-2 (9) an anabolic steroid or any substance that is
83-3 chemically or pharmacologically related to testosterone, other than
83-4 an estrogen, progestin, or corticosteroid, and promotes muscle
83-5 growth, including [any human growth hormone or any of the following
83-6 anabolic steroids, or any isomer, ester, salt, or derivative of the
83-7 following that acts in the same manner on the human body]:
83-8 Boldenone;
83-9 Chlorotestosterone (4-chlortestosterone);
83-10 Clostebol;
83-11 Dehydrochlormethyltestosterone;
83-12 Dihydrotestosterone (4-dihydrotestosterone);
83-13 Drostanolone;
83-14 Ethylestrenol;
83-15 Fluoxymesterone;
83-16 Formebulone;
83-17 Mesterolone;
83-18 Methandienone;
83-19 Methandranone;
83-20 Methandriol;
83-21 Methandrostenolone;
83-22 Methenolone;
83-23 Methyltestosterone;
83-24 Mibolerone;
83-25 Nandrolone;
83-26 Norethandrolone;
83-27 Oxandrolone;
84-1 Oxymesterone;
84-2 Oxymetholone;
84-3 Stanolone;
84-4 Stanozolol;
84-5 Testolactone;
84-6 Testosterone; and
84-7 Trenbolone.
84-8 (b) Penalty Group 3 does not include a compound, mixture, or
84-9 preparation containing a stimulant substance listed in Subsection
84-10 (a)(1) if the compound, mixture, or preparation contains one or
84-11 more active medicinal ingredients not having a stimulant effect on
84-12 the central nervous system and if the admixtures are included in
84-13 combinations, quantity, proportion, or concentration that vitiate
84-14 the potential for abuse of the substances that have a stimulant
84-15 effect on the central nervous system.
84-16 (c) Penalty Group 3 does not include a compound, mixture, or
84-17 preparation containing a depressant substance listed in Subsection
84-18 (a)(2) or (a)(5) if the compound, mixture, or preparation contains
84-19 one or more active medicinal ingredients not having a depressant
84-20 effect on the central nervous system and if the admixtures are
84-21 included in combinations, quantity, proportion, or concentration
84-22 that vitiate the potential for abuse of the substances that have a
84-23 depressant effect on the central nervous system.
84-24 SECTION 25. Section 481.105, Health and Safety Code, is
84-25 amended to read as follows:
84-26 Sec. 481.105. PENALTY GROUP 4. Penalty Group 4 consists of:
84-27 (1) a compound, mixture, or preparation containing
85-1 limited quantities of any of the following narcotic drugs that
85-2 includes one or more nonnarcotic active medicinal ingredients in
85-3 sufficient proportion to confer on the compound, mixture, or
85-4 preparation valuable medicinal qualities other than those possessed
85-5 by the narcotic drug alone:
85-6 not more than 200 milligrams of codeine per 100
85-7 milliliters or per 100 grams;
85-8 not more than 100 milligrams of dihydrocodeine
85-9 per 100 milliliters or per 100 grams;
85-10 not more than 100 milligrams of ethylmorphine per
85-11 100 milliliters or per 100 grams;
85-12 not more than 2.5 milligrams of diphenoxylate and
85-13 not less than 25 micrograms of atropine sulfate per dosage unit;
85-14 not more than 15 milligrams of opium per 29.5729
85-15 milliliters or per 28.35 grams; and
85-16 not more than 0.5 milligram of difenoxin and not
85-17 less than 25 micrograms of atropine sulfate per dosage unit;
85-18 (2) unless specifically excepted or unless listed in
85-19 another penalty group, a material, compound, mixture, or
85-20 preparation containing the narcotic drug Buprenorphine or its
85-21 salts; and
85-22 (3) unless specifically exempted or excluded or unless
85-23 listed in another penalty group, any material, compound, mixture,
85-24 or preparation that contains any quantity of pyrovalerone, a
85-25 substance [the following substances] having a stimulant effect on
85-26 the central nervous system, including its salts, isomers, and salts
85-27 of isomers[:]
86-1 [Propylhexedrine; and]
86-2 [Pyrovalerone].
86-3 SECTION 26. Subchapter D, Chapter 481, Health and Safety
86-4 Code, is amended by adding Sections 481.1121 and 481.1151 to read
86-5 as follows:
86-6 Sec. 481.1121. OFFENSE: MANUFACTURE OR DELIVERY OF
86-7 SUBSTANCE IN PENALTY GROUP 1-A. (a) Except as provided by this
86-8 chapter, a person commits an offense if the person knowingly
86-9 manufactures, delivers, or possesses with intent to manufacture or
86-10 deliver a controlled substance listed in Penalty Group 1-A.
86-11 (b) An offense under this section is:
86-12 (1) a state jail felony if the number of abuse units
86-13 of the controlled substance is fewer than 20;
86-14 (2) a felony of the second degree if the number of
86-15 abuse units of the controlled substance is 20 or more but fewer
86-16 than 80;
86-17 (3) a felony of the first degree if the number of
86-18 abuse units of the controlled substance is 80 or more but fewer
86-19 than 4,000; and
86-20 (4) punishable by imprisonment in the institutional
86-21 division of the Texas Department of Criminal Justice for life or
86-22 for a term of not more than 99 years or less than 15 years and a
86-23 fine not to exceed $250,000, if the number of abuse units of the
86-24 controlled substance is 4,000 or more.
86-25 Sec. 481.1151. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY
86-26 GROUP 1-A. (a) Except as provided by this chapter, a person
86-27 commits an offense if the person knowingly possesses a controlled
87-1 substance listed in Penalty Group 1-A.
87-2 (b) An offense under this section is:
87-3 (1) a state jail felony if the number of abuse units
87-4 of the controlled substance is fewer than 20;
87-5 (2) a felony of the third degree if the number of
87-6 abuse units of the controlled substance is 20 or more but fewer
87-7 than 80;
87-8 (3) a felony of the second degree if the number of
87-9 abuse units of the controlled substance is 80 or more but fewer
87-10 than 4,000;
87-11 (4) a felony of the first degree if the number of
87-12 abuse units of the controlled substance is 4,000 or more but fewer
87-13 than 8,000; and
87-14 (5) punishable by imprisonment in the institutional
87-15 division of the Texas Department of Criminal Justice for life or
87-16 for a term of not more than 99 years or less than 15 years and a
87-17 fine not to exceed $250,000, if the number of abuse units of the
87-18 controlled substance is 8,000 or more.
87-19 SECTION 27. Section 481.122(a), Health and Safety Code, is
87-20 amended to read as follows:
87-21 (a) Except as provided [authorized] by this chapter, a
87-22 person commits an offense if the person knowingly [or
87-23 intentionally] delivers a controlled substance listed in Penalty
87-24 Group 1, 1-A, 2, or 3 or knowingly [or intentionally] delivers
87-25 marihuana and the person delivers the controlled substance or
87-26 marihuana to a person:
87-27 (1) who is 17 years of age or younger;
88-1 (2) who the actor knows or believes intends to deliver
88-2 the controlled substance or marihuana to a person 17 years of age
88-3 or younger;
88-4 (3) who is enrolled in an elementary or secondary
88-5 school; or
88-6 (4) who the actor knows or believes intends to deliver
88-7 the controlled substance or marihuana to a person who is enrolled
88-8 in an elementary or secondary school.
88-9 SECTION 28. Section 481.123(a), Health and Safety Code, is
88-10 amended to read as follows:
88-11 (a) For the purposes of this chapter, a controlled substance
88-12 analogue is considered to be a controlled substance listed in
88-13 Penalty Group 1 or 1-A if the analogue in whole or in part is
88-14 intended for human consumption and:
88-15 (1) the chemical structure of the analogue is
88-16 substantially similar to the chemical structure of a controlled
88-17 substance listed in Schedule I or Penalty Group 1 or 1-A; or
88-18 (2) the analogue is specifically designed to produce
88-19 an effect substantially similar to or greater than the effect of a
88-20 controlled substance listed in Schedule I or Penalty Group 1 or
88-21 1-A.
88-22 SECTION 29. Section 481.127(a), Health and Safety Code, is
88-23 amended to read as follows:
88-24 (a) A person commits an offense if the person [intentionally
88-25 or] knowingly gives, permits, or obtains unauthorized access to
88-26 information submitted to the director [Department of Public Safety]
88-27 under Section 481.075.
89-1 SECTION 30. Section 481.128, Health and Safety Code, is
89-2 amended to read as follows:
89-3 Sec. 481.128. OFFENSE AND CIVIL PENALTY: COMMERCIAL
89-4 MATTERS. (a) A registrant or dispenser commits an offense if the
89-5 registrant or dispenser knowingly [or intentionally]:
89-6 (1) distributes, delivers, administers, or dispenses a
89-7 controlled substance in violation of Sections 481.070-481.075
89-8 [481.070-481.074];
89-9 (2) manufactures a controlled substance not authorized
89-10 by the person's registration or distributes or dispenses a
89-11 controlled substance not authorized by the person's registration to
89-12 another registrant or other person;
89-13 (3) refuses or fails to make, keep, or furnish a
89-14 record, report, notification, order form, statement, invoice, or
89-15 information required by this chapter;
89-16 (4) prints, manufactures, possesses, or produces a
89-17 prescription sticker or official [triplicate] prescription form
89-18 without the approval of the director [Department of Public
89-19 Safety];
89-20 (5) delivers or possesses a counterfeit prescription
89-21 sticker or official [triplicate] prescription form;
89-22 (6) refuses an entry into a premise for an inspection
89-23 authorized by this chapter;
89-24 (7) refuses or fails to return a [triplicate]
89-25 prescription sticker [form] as required by Section 481.075(k)
89-26 [481.075(h)]; [or]
89-27 (8) refuses or fails to make, keep, or furnish a
90-1 record, report, notification, order form, statement, invoice, or
90-2 information required by a rule adopted [before June 1, 1991,] by
90-3 the director; or
90-4 (9) refuses or fails to maintain security required by
90-5 this chapter or a rule adopted under this chapter.
90-6 (b) If the registrant or dispenser knowingly [or
90-7 intentionally] refuses or fails to make, keep, or furnish a record,
90-8 report, notification, order form, statement, invoice, or
90-9 information or maintain security required by a rule [or a rule
90-10 amendment] adopted [on or after June 1, 1991,] by the director, the
90-11 registrant or dispenser is liable to the state for a civil penalty
90-12 of not more than $5,000 for each act.
90-13 (c) [If the registrant or dispenser negligently fails to
90-14 make, keep, or furnish a record, report, notification, order form,
90-15 statement, invoice, or information required by a rule or a rule
90-16 amendment adopted on or after June 1, 1991, by the director, the
90-17 registrant or dispenser is liable to the state for a civil penalty
90-18 of not more than $1,000 for each act.]
90-19 [(d)] An offense under Subsection (a) is a state jail
90-20 felony.
90-21 (d) [(e)] If a person [negligently] commits an act that
90-22 would otherwise be an offense under Subsection (a) except that it
90-23 was committed without the requisite culpable mental state, the
90-24 person is liable to the state for a civil penalty of not more
90-25 [less] than $1,000 [$5,000 or more than $10,000] for each act.
90-26 (e) [(f)] A district attorney of the county where the act
90-27 occurred may file suit in district court in that county to collect
91-1 a civil penalty under this section, or the district attorney of
91-2 Travis County or the attorney general may file suit in district
91-3 court in Travis County to collect the penalty.
91-4 SECTION 31. Section 481.129(a), Health and Safety Code, is
91-5 amended to read as follows:
91-6 (a) A person commits an offense if the person knowingly [or
91-7 intentionally]:
91-8 (1) distributes as a registrant or dispenser a
91-9 controlled substance listed in Schedule I or II, unless the person
91-10 distributes the controlled substance under an order form as
91-11 required by Section 481.069;
91-12 (2) uses in the course of manufacturing, prescribing,
91-13 or distributing a controlled substance a registration number that
91-14 is fictitious, revoked, suspended, or issued to another person;
91-15 (3) uses a [triplicate] prescription sticker [form]
91-16 issued to another person to prescribe a Schedule II controlled
91-17 substance;
91-18 (4) possesses or attempts to possess a controlled
91-19 substance:
91-20 (A) by misrepresentation, fraud, forgery,
91-21 deception, or subterfuge;
91-22 (B) through use of a fraudulent prescription
91-23 form; or
91-24 (C) through use of a fraudulent oral or
91-25 telephonically communicated prescription; or
91-26 (5) furnishes false or fraudulent material information
91-27 in or omits material information from an application, report,
92-1 record, or other document required to be kept or filed under this
92-2 chapter.
92-3 SECTION 32. Subchapter D, Chapter 481, Health and Safety
92-4 Code, is amended by adding Sections 481.136-481.139 to read as
92-5 follows:
92-6 Sec. 481.136. OFFENSE: UNLAWFUL TRANSFER OR RECEIPT OF
92-7 CHEMICAL PRECURSOR. (a) A person commits an offense if the person
92-8 sells, transfers, furnishes, or receives a precursor substance
92-9 listed in Section 481.077(a) and the person:
92-10 (1) does not hold a precursor transfer permit as
92-11 required by Section 481.078 at the time of the transaction;
92-12 (2) does not comply with Section 481.077;
92-13 (3) knowingly makes a false statement in a report or
92-14 record required by Section 481.077 or 481.078; or
92-15 (4) knowingly violates a rule adopted under Section
92-16 481.077 or 481.078.
92-17 (b) An offense under this section is a state jail felony,
92-18 unless it is shown on the trial of the offense that the defendant
92-19 has been previously convicted of an offense under this section or
92-20 Section 481.137, in which event the offense is a felony of the
92-21 third degree.
92-22 Sec. 481.137. OFFENSE: TRANSFER OF PRECURSOR SUBSTANCE FOR
92-23 UNLAWFUL MANUFACTURE. (a) A person commits an offense if the
92-24 person sells, transfers, or otherwise furnishes a precursor
92-25 substance listed in Section 481.077(a) with the knowledge or intent
92-26 that the recipient will use the substance to unlawfully manufacture
92-27 a controlled substance or controlled substance analogue.
93-1 (b) An offense under this section is a felony of the third
93-2 degree.
93-3 Sec. 481.138. OFFENSE: UNLAWFUL TRANSFER OR RECEIPT OF
93-4 CHEMICAL LABORATORY APPARATUS. (a) A person commits an offense if
93-5 the person sells, transfers, furnishes, or receives an apparatus
93-6 described by Section 481.080(a) and the person:
93-7 (1) does not have an apparatus transfer permit as
93-8 required by Section 481.081 at the time of the transaction;
93-9 (2) does not comply with Section 481.080;
93-10 (3) knowingly makes a false statement in a report or
93-11 record required by Section 481.080 or 481.081; or
93-12 (4) knowingly violates a rule adopted under Section
93-13 481.080 or 481.081.
93-14 (b) An offense under this section is a state jail felony,
93-15 unless it is shown on the trial of the offense that the defendant
93-16 has been previously convicted of an offense under this section, in
93-17 which event the offense is a felony of the third degree.
93-18 Sec. 481.139. OFFENSE: TRANSFER OF CHEMICAL LABORATORY
93-19 APPARATUS FOR UNLAWFUL MANUFACTURE. (a) A person commits an
93-20 offense if the person sells, transfers, or otherwise furnishes an
93-21 apparatus described by Section 481.080(a) with the knowledge or
93-22 intent that the recipient will use the apparatus to unlawfully
93-23 manufacture a controlled substance or controlled substance
93-24 analogue.
93-25 (b) An offense under Subsection (a) is a felony of the third
93-26 degree.
93-27 SECTION 33. Section 481.160(e), Health and Safety Code, as
94-1 added by Chapter 285, Acts of the 72nd Legislature, Regular
94-2 Session, 1991, is relettered as Subsection (f) and amended to read
94-3 as follows:
94-4 (f) [(e)] A law enforcement agency may petition a court to
94-5 require, as a condition of community supervision [probation] under
94-6 Article 42.12, Code of Criminal Procedure, a person to reimburse
94-7 the agency for the cost of the confiscation, analysis, storage, or
94-8 disposal of raw materials, controlled substances, chemical
94-9 precursors, drug paraphernalia, or other materials seized in
94-10 connection with an offense committed by the person under this
94-11 chapter.
94-12 SECTION 34. Section 15(d), Article 42.12, Code of Criminal
94-13 Procedure, is amended to read as follows:
94-14 (d) A judge may impose as a condition of community
94-15 supervision that a defendant submit at the beginning of the period
94-16 of community supervision to a term of confinement in a state jail
94-17 felony facility for a term of not less than 90 days or more than
94-18 180 days, or a term of not less than 90 days or more than one year
94-19 if the defendant is convicted of an offense punishable as a state
94-20 jail felony under Section 481.112, 481.1121, 481.113, or 481.120,
94-21 Health and Safety Code. A judge may not require a defendant to
94-22 submit to both the term of confinement authorized by this
94-23 subsection and a term of confinement under Section 5 or 12 of this
94-24 article. For the purposes of this subsection, a defendant
94-25 previously has been convicted of a felony regardless of whether the
94-26 sentence for the previous conviction was actually imposed or was
94-27 probated and suspended.
95-1 SECTION 35. Section 552.118, Government Code, is amended to
95-2 read as follows:
95-3 Sec. 552.118. EXCEPTION: OFFICIAL [TRIPLICATE] PRESCRIPTION
95-4 FORM. Information is excepted from the requirements of Section
95-5 552.021 if it is information on or derived from an official [a
95-6 triplicate] prescription form filed with the director of the
95-7 Department of Public Safety under Section 481.075, Health and
95-8 Safety Code.
95-9 SECTION 36. Section 3.06(d)(6)(J)(i), Medical Practice Act
95-10 (Article 4495b, Vernon's Texas Civil Statutes), is amended to read
95-11 as follows:
95-12 (i) A physician may delegate to a
95-13 physician assistant offering obstetrical services and certified by
95-14 the board as specializing in obstetrics or an advanced nurse
95-15 practitioner recognized by the Texas State Board of Nurse Examiners
95-16 as a nurse midwife the act or acts of administering or providing
95-17 controlled substances to the nurse midwife's or physician
95-18 assistant's clients during intra-partum and immediate post-partum
95-19 care. The physician may [shall] not delegate the use of a
95-20 prescription sticker or the use or issuance of an official [a
95-21 triplicate] prescription form under [the triplicate prescription
95-22 program,] Section 481.075, Health and Safety Code.
95-23 SECTION 37. Sections 481.079 and 481.082, Health and Safety
95-24 Code, are repealed.
95-25 SECTION 38. Except as otherwise provided by this Act, this
95-26 Act takes effect January 1, 1998.
95-27 SECTION 39. Not later than December 1, 1997, the
96-1 commissioner of public health shall file with the secretary of
96-2 state for publication in the Texas Register a list of substances
96-3 designated in Schedules I through V under Subchapter B, Chapter
96-4 481, Health and Safety Code, as amended by this Act. The list
96-5 shall take effect January 1, 1998. A schedule in effect
96-6 immediately before the effective date of this Act continues in
96-7 effect until January 1, 1998. This section takes effect September
96-8 1, 1997.
96-9 SECTION 40. The changes in law made by this Act relating to
96-10 a prescription written under the triplicate prescription program
96-11 take effect September 1, 1999, except that Section 481.0761, Health
96-12 and Safety Code, as added by this Act, takes effect September 1,
96-13 1997. The director of the Department of Public Safety by rule may
96-14 permit the use of triplicate or single prescription forms during a
96-15 period of transition, but not after March 1, 1999.
96-16 SECTION 41. The change in law made by this Act does not
96-17 affect any retention, use, or destruction requirement of Section
96-18 481.075 or 481.076, Health and Safety Code, that relates to a
96-19 prescription written under the triplicate prescription program
96-20 before September 1, 1999. A provision of those sections relating
96-21 to retention of a triplicate record by a practitioner or pharmacist
96-22 or the use or destruction of information obtained through the
96-23 triplicate prescription program by the Department of Public Safety
96-24 continues in effect for the purpose of governing the disposition of
96-25 any triplicate prescription record or any information arising from
96-26 a triplicate prescription written before September 1, 1999.
96-27 SECTION 42. (a) Except as provided by Subsection (b) of
97-1 this section, a change in law made by this Act applies only to an
97-2 offense committed on or after Septmber 1, 1997. An offense
97-3 committed before September 1, 1997, is covered by the law in effect
97-4 when the offense was committed, and the former law is continued in
97-5 effect for this purpose.
97-6 (b) A change in law made by this Act to Section 481.127(a),
97-7 481.128(a), or 481.129(a), Health and Safety Code, applies only to
97-8 an offense committed under that section on or after September 1,
97-9 1999. An offense committed under one of those sections before
97-10 September 1, 1999, is covered by the law in effect when the offense
97-11 was committed, and the former law is continued in effect for this
97-12 purpose.
97-13 (c) For purposes of Subsection (a) or (b) of this section,
97-14 an offense was committed before September 1, 1997, or before
97-15 September 1, 1999, if any element of the offense occurred before
97-16 that date.
97-17 SECTION 43. The change in law made by this Act to Section
97-18 3.06(d)(6)(J)(i), Medical Practice Act (Article 4495b, Vernon's
97-19 Texas Civil Statutes), does not affect the dispensing of a Schedule
97-20 II controlled substance by a pharmacist to:
97-21 (1) a certified registered nurse anesthetist for use
97-22 in providing anesthesia or anesthesia-related services under the
97-23 Medical Practice Act; or
97-24 (2) a certified nurse midwife or a physician assistant
97-25 certified by the Texas State Board of Medical Examiners as
97-26 specializing in obstetrics for use in administering a Schedule II
97-27 controlled substance to a client during the provision of
98-1 intra-partum and immediate postpartum care under the Medical
98-2 Practice Act.
98-3 SECTION 44. The importance of this legislation and the
98-4 crowded condition of the calendars in both houses create an
98-5 emergency and an imperative public necessity that the
98-6 constitutional rule requiring bills to be read on three several
98-7 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1070 was passed by the House on May
6, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1070 on May 23, 1997, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1070 was passed by the Senate, with
amendments, on May 21, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor