Amend HB 1975 by adding the following new section 3 and
renumbering the remaining sections accordingly:
SECTION 3. Subdivisions (15) and (41), Section 5, Texas
Pharmacy Act (Article 4542a-1, Vernon's Texas Civil Statutes), are
amended to read as follows:
(15) "Dangerous drug" means any drug or device that is not
included in Penalty Groups 1-4 of the Controlled Substances Act and
that is unsafe for self-medication or any drug or device that bears
or is required to bear the legend:
(A) "Caution: federal law prohibits dispensing
without prescription" or, at a minimum, "Rx only"; or
(B) "Caution: federal law restricts this drug to use
by or on the order of a licensed veterinarian."
(41) "Prescription drug" means:
(A) a dangerous drug; or <a substance for which
federal or state law requires a prescription before it may be
legally dispensed to the public;>
(B) a controlled substance. <a drug or device that
under federal law is required, prior to being dispensed or
delivered, to be labeled with either the following statements;>
<(i) "Caution: federal law prohibits dispensing
without prescription"; or>
<(ii) "Caution: federal law restricts this drug
to use by or on the order of a licensed veterinarian"; or>
<(C) a drug or device that is required by any
applicable federal or state law or regulation to be dispensed on
prescription only or is restricted to use by a practitioner
only.>