Texas Health And Safety Code Title 6, Chapter 486 - Over-the-counter Sales Of Ephedrine, Pseudoephedrine, And Norpseudoephedrine
SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 486.001 - Definitions
(a) In this chapter: (1) "Commissioner" means the commissioner of state health services. (3) "Department" means the Department of State Health Services. (4) "Ephedrine," "pseudoephedrine,"...
- Texas Section 486.002 - Applicability
This chapter does not apply to the sale of any product dispensed or delivered by a pharmacist according to a prescription issued by a practitioner...
- Texas Section 486.003 - Rules
The executive commissioner shall adopt rules necessary to implement and enforce this chapter. Added by Acts 2005, 79th Leg., Ch. 282 (H.B. 164), Sec. 9,...
- Texas Section 486.004 - Fees
(a) The department shall collect fees for: (1) the issuance of a certificate of authority under this chapter; and (2) an inspection performed in enforcing...
SUBCHAPTER B OVER-THE-COUNTER SALES
- Texas Section 486.005 - Statewide Application And Uniformity
(a) To ensure uniform and equitable implementation and enforcement throughout this state, this chapter constitutes the whole field of regulation regarding over-the-counter sales of products...
- Texas Section 486.011 - Sales By Pharmacies
A business establishment that operates a pharmacy licensed by the Texas State Board of Pharmacy may engage in over-the-counter sales of ephedrine, pseudoephedrine, and norpseudoephedrine....
- Texas Section 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,...
- Texas Section 486.013 - Restriction Of Access To Ephedrine, Pseudoephedrine, And Norpseudoephedrine
A business establishment that engages in over-the-counter sales of products containing ephedrine, pseudoephedrine, or norpseudoephedrine shall: (1) if the establishment operates a pharmacy licensed by...
- Texas Section 486.014 - Prerequisites To And Restrictions On Sale
(a) Before completing an over-the-counter sale of a product containing ephedrine, pseudoephedrine, or norpseudoephedrine, a business establishment that engages in those sales shall: (1) require...
- Texas Section 486.0141 - Transmission Of Sales Information To Real-time Electronic Logging System
(a) Before completing an over-the-counter sale of a product containing ephedrine, pseudoephedrine, or norpseudoephedrine, a business establishment that engages in those sales shall transmit the...
- Texas Section 486.0142 - Temporary Exemption
(a) On application by a business establishment that operates a pharmacy and engages in over-the-counter sales of products containing ephedrine, pseudoephedrine, or norpseudoephedrine as authorized...
- Texas Section 486.0143 - Written Log Or Other Electronic Recordkeeping
If a business establishment that engages in over-the-counter sales of a product containing ephedrine, pseudoephedrine, or norpseudoephedrine experiences a mechanical or electronic failure of the...
- Texas Section 486.0144 - Online Portal
The administrators of a real-time electronic logging system shall provide real-time access to the information in the system to the Department of Public Safety if...
- Texas Section 486.0145 - Limitation On Civil Liability
A person is not liable for an act done or omission made in compliance with the requirements of Section 486.014 or 486.0141. Added by Acts...
- Texas Section 486.0146 - Privacy Protections
(a) The privacy protections provided an individual under 21 C.F.R. Section 1314.45 apply to information entered or stored in a real-time electronic logging system. (b)...
SUBCHAPTER C ADMINISTRATIVE PENALTY
- Texas Section 486.015 - Maintenance Of Records
(a) Except as provided by Subsection (b), a business establishment shall maintain each record made under Section 486.014(a)(2) until at least the second anniversary of...
- Texas Section 486.021 - Imposition Of Penalty
The department may impose an administrative penalty on a person who violates this chapter. Added by Acts 2005, 79th Leg., Ch. 282 (H.B. 164), Sec....
- Texas Section 486.022 - Amount Of Penalty
(a) The amount of the penalty may not exceed $1,000 for each violation, and each day a violation continues or occurs is a separate violation...
- Texas Section 486.023 - Report And Notice Of Violation And Penalty
(a) If the department initially determines that a violation occurred, the department shall give written notice of the report by certified mail to the person....
- Texas Section 486.024 - Penalty To Be Paid Or Hearing Requested
(a) Before the 21st day after the date the person receives notice under Section 486.023, the person in writing may: (1) accept the determination and...
- Texas Section 486.025 - Hearing
(a) If the person requests a hearing, the department shall refer the matter to the State Office of Administrative Hearings, which shall promptly set a...
- Texas Section 486.026 - Decision
(a) Based on the findings of fact, conclusions of law, and proposal for a decision, the department by order may: (1) find that a violation...
- Texas Section 486.027 - Options Following Decision: Pay Or Appeal
Before the 31st day after the date the order under Section 486.026 that imposes an administrative penalty becomes final, the person shall: (1) pay the...
- Texas Section 486.028 - Stay Of Enforcement Of Penalty
(a) Within the period prescribed by Section 486.027, a person who files a petition for judicial review may: (1) stay enforcement of the penalty by:...
- Texas Section 486.029 - Collection Of Penalty
(a) If the person does not pay the penalty and the enforcement of the penalty is not stayed, the penalty may be collected. (b) The...
- Texas Section 486.030 - Decision By Court
(a) If the court sustains the finding that a violation occurred, the court may uphold or reduce the amount of the penalty and order the...
- Texas Section 486.031 - Remittance Of Penalty And Interest
(a) If the person paid the penalty and if the amount of the penalty is reduced or the penalty is not upheld by the court,...
- Texas Section 486.032 - Release Of Bond
(a) If the person gave a supersedeas bond and the penalty is not upheld by the court, the court shall order, when the court's judgment...
- Texas Section 486.033 - Administrative Procedure
A proceeding to impose the penalty under this subchapter is considered to be a contested case under Chapter 2001, Government Code. Added by Acts 2005,...
Last modified: September 28, 2016