Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 551.004 - Applicability of Subtitle(a) This subtitle does not apply to:(1) a practitioner licensed by the appropriate state board who supplies a patient of the practitioner with a drug in a manner authorized by state or federal law and who does not operate a pharmacy for the retailing of prescription drugs;(2) a member of the faculty of a college of pharmacy recognized by the board who is a pharmacist and who performs the pharmacist's services only for the benefit of the college;(3) a person who procures prescription drugs for lawful research, teaching, or testing and not for resale;(4) a home and community support services agency that possesses a dangerous drug as authorized by Section 142.0061, 142.0062, or 142.0063, Health and Safety Code; or(5) a dispensing organization, as defined by Section 487.001, Health and Safety Code, that cultivates, processes, and dispenses low-THC cannabis, as authorized by Chapter 487, Health and Safety Code, to a patient listed in the compassionate-use registry established under that chapter.(b) This subtitle does not prevent a practitioner from administering a drug to a patient of the practitioner.(c) This subtitle does not prevent the sale by a person, other than a pharmacist, firm, joint stock company, partnership, or corporation, of: (1) a nonprescription drug that is harmless if used according to instructions on a printed label on the drug's container and that does not contain a narcotic;(2) an insecticide, a fungicide, or a chemical used in the arts if the insecticide, fungicide, or chemical is properly labeled; or(3) an insecticide or fungicide that is mixed or compounded only for an agricultural purpose.(d) A wholesaler or manufacturer may distribute a prescription drug as provided by state or federal law.(e) This subtitle does not prevent a physician or therapeutic optometrist from dispensing and charging for therapeutic contact lenses. This subsection does not authorize a therapeutic optometrist to prescribe, administer, or dispense a drug that is otherwise outside the therapeutic optometrist's scope of practice.Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 301,Sec. 5, eff. 6/1/2015.Amended By Acts 2009, 81st Leg., R.S., Ch. 396, Sec. 2, eff. 6/19/2009. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. 9/1/1999.