Sec. 486.012. SALES BY ESTABLISHMENTS OTHER THAN PHARMACIES; CERTIFICATE OF AUTHORITY. (a) A business establishment that does not operate a pharmacy licensed by the Texas State Board of Pharmacy may engage in over-the-counter sales of ephedrine, pseudoephedrine, or norpseudoephedrine only if the establishment holds a certificate of authority issued under this section.
(b) The department may issue a certificate of authority to engage in over-the-counter sales of ephedrine, pseudoephedrine, and norpseudoephedrine to a business establishment that does not operate a pharmacy licensed by the Texas State Board of Pharmacy if the establishment:
(1) applies to the department for the certificate in accordance with department rule; and
(2) complies with the requirements established by the department for issuance of a certificate.
(c) The executive commissioner by rule shall establish requirements for the issuance of a certificate of authority under this section. The rules must include a consideration of whether the establishment:
(1) complies with the requirements of the Texas State Board of Pharmacy for the issuance of a license to operate a pharmacy;
(2) sells a wide variety of healthcare products; and
(3) employs sales techniques and other measures designed to deter the theft of products containing ephedrine, pseudoephedrine, or norpseudoephedrine and other items used in the manufacture of methamphetamine.
(d) The department may inspect or audit a business establishment that is issued a certificate of authority under this section at any time the department determines necessary.
Added by Acts 2005, 79th Leg., Ch. 282 (H.B. 164), Sec. 9, eff. August 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1253, eff. April 2, 2015.
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