Texas Health and Safety Code 483.042 – Delivery or Offer of Delivery of Dangerous Drug
(a) A person commits an offense if the person delivers or offers to deliver a dangerous drug:
(1) unless:
(A) the dangerous drug is delivered or offered for delivery by a pharmacist under:
(i) a prescription issued by a practitioner described by § 483.001(12)(A) or (B);
(ii) a prescription signed by a registered nurse or physician assistant in accordance with Subchapter B, Chapter 157, Occupations Code; or
(iii) an original written prescription issued by a practitioner described by § 483.001(12)(C); and
(B) a label is attached to the immediate container in which the drug is delivered or offered to be delivered and the label contains the following information:
(i) the name and address of the pharmacy from which the drug is delivered or offered for delivery;
(ii) the date the prescription for the drug is dispensed;
(iii) the number of the prescription as filed in the prescription files of the pharmacy from which the prescription is dispensed;
(iv) the name of the practitioner who prescribed the drug and, if applicable, the name of the registered nurse or physician assistant who signed the prescription;
(v) the name of the patient and, if the drug is prescribed for an animal, a statement of the species of the animal; and
(vi) directions for the use of the drug as contained in the prescription; or
(2) unless:
(A) the dangerous drug is delivered or offered for delivery by:
(i) a practitioner in the course of practice; or
(ii) a registered nurse or physician assistant in the course of practice in accordance with Subchapter B, Chapter 157, Occupations Code; and
(B) a label is attached to the immediate container in which the drug is delivered or offered to be delivered and the label contains the following information:
(i) the name and address of the practitioner who prescribed the drug, and if applicable, the name and address of the registered nurse or physician assistant;
(ii) the date the drug is delivered;
(iii) the name of the patient and, if the drug is prescribed for an animal, a statement of the species of the animal; and
(iv) the name of the drug, the strength of the drug, and directions for the use of the drug.
(b) Subsection (a) does not apply to the delivery or offer for delivery of a dangerous drug to a person listed in § 483.041(c) for use in the usual course of business or practice or in the performance of official duties by the person.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| State jail felony | between 180 days and 2 years | up to $10,000 |
Terms Used In Texas Health and Safety Code 483.042
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) Proof of an offer to sell a dangerous drug must be corroborated by a person other than the offeree or by evidence other than a statement by the offeree.
(d) An offense under this section is a state jail felony.
(e) The labeling provisions of Subsection (a) do not apply to a dangerous drug prescribed or dispensed for administration to a patient who is institutionalized. The board shall adopt rules for the labeling of such a drug.
(f) Provided all federal requirements are met, the labeling provisions of Subsection (a) do not apply to a dangerous drug prescribed or dispensed for administration to food production animals in an agricultural operation under a written medical directive or treatment guideline from a veterinarian licensed under Chapter 801, Occupations Code.