Texas Health and Safety Code 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 information in the record made under § 486.014(a)(2) to a real-time electronic logging system.
(b) Except as provided by Subsection (c), a business establishment may not complete an over-the-counter sale of a product containing ephedrine, pseudoephedrine, or norpseudoephedrine if the real-time electronic logging system returns a report that the completion of the sale would result in the person obtaining an amount of ephedrine, pseudoephedrine, norpseudoephedrine, or a combination of those substances greater than the amount described by § 486.014(b), regardless of whether all or some of the products previously obtained by the buyer were sold at the establishment or another business establishment.
Terms Used In Texas Health and Safety Code 486.0141
- Department: means the Department of State Health Services. See Texas Health and Safety Code 486.001
- 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
- Real-time electronic logging system: means a system intended to be used by law enforcement agencies and pharmacies or other business establishments that:
(A) is installed, operated, and maintained free of any one-time or recurring charge to the business establishment or to the state;
(B) is able to communicate in real time with similar systems operated in other states and similar systems containing information submitted by more than one state;
(C) complies with the security policy of the Criminal Justice Information Services division of the Federal Bureau of Investigation;
(D) complies with information exchange standards adopted by the National Information Exchange Model;
(E) uses a mechanism to prevent the completion of a sale of a product containing ephedrine, pseudoephedrine, or norpseudoephedrine that would violate state or federal law regarding the purchase of a product containing those substances; and
(F) is equipped with an override of the mechanism described in Paragraph (E) that:
(i) may be activated by an employee of a business establishment; and
(ii) creates a record of each activation of the override. See Texas Health and Safety Code 486.001 - Sale: includes a conveyance, exchange, barter, or trade. See Texas Health and Safety Code 486.001
(c) An employee of a business establishment may complete a sale prohibited by Subsection (b) by using the override mechanism described by § 486.001(a)(6)(F) only if the employee has a reasonable fear of imminent bodily injury or death from the person attempting to obtain ephedrine, pseudoephedrine, or norpseudoephedrine.
(d) On request of the Department of Public Safety, the administrators of a real-time electronic logging system shall make available to the department a copy of each record of an over-the-counter sale of a product containing ephedrine, pseudoephedrine, or norpseudoephedrine that is submitted by a business establishment located in this state.