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Texas Occupations Code - Section 107.152. Authority Of Board To Revoke Or Suspend License

Legal Research Home > Texas Lawyer > Occupations Code > Texas Occupations Code - Section 107.152. Authority Of Board To Revoke Or Suspend License

§ 107.152. AUTHORITY OF BOARD TO REVOKE OR SUSPEND 
LICENSE.  (a) This chapter does not affect the authority of the 
board to revoke or suspend the license of a physician who:
		(1)  prescribes, administers, or dispenses a drug or 
treatment:             
			(A)  for a purpose that is not a legitimate 
medical purpose as defined by the board;  and
			(B)  that is nontherapeutic in nature or 
nontherapeutic in the manner the drug or treatment is administered 
or prescribed;
		(2)  fails to keep a complete and accurate record of the 
purchase and disposal of:
			(A)  a drug listed in Chapter 481, Health and 
Safety Code;  or             
			(B)  a controlled substance scheduled in the 
Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 
U.S.C. Section 801 et seq.);
		(3)  writes a false or fictitious prescription for:                           
			(A)  a dangerous drug as defined by Chapter 483, 
Health and Safety Code;   
			(B)  a controlled substance listed in a schedule 
under Chapter 481, Health and Safety Code;  or
			(C)  a controlled substance scheduled in the 
Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 
U.S.C. Section 801 et seq.);  or
		(4)  prescribes, administers, or dispenses in a manner 
inconsistent with public health and welfare:
			(A)  a dangerous drug as defined by Chapter 483, 
Health and Safety Code;   
			(B)  a controlled substance listed in a schedule 
under Chapter 481, Health and Safety Code;  or
			(C)  a controlled substance scheduled in the 
Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 
U.S.C. Section 801 et seq.).
	(b)  For purposes of Subsection (a)(2), the physician's 
records must include a record of:
		(1)  the date of purchase;                                                    
		(2)  the sale or disposal of the drug or substance by 
the physician;        
		(3)  the name and address of the person receiving the 
drug or substance;  and
		(4)  the reason for the disposal or dispensing of the 
drug or substance to the person.

Added by Acts 2003, 78th Leg., ch. 1276, § 14.002(a), eff. Sept. 
1, 2003.

Last modified: August 10, 2007