(a) Except as provided by Subsection (b), a business establishment shall maintain each record made under § 486.014(a)(2) until at least the second anniversary of the date the record is made and shall make each record available on request by the department or any local, state, or federal law enforcement agency, including the United States Drug Enforcement Administration.
(b) Subsection (a) does not apply to a business establishment that has used a real-time electronic logging system for longer than two years.

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Terms Used In Texas Health and Safety Code 486.015

  • Department: means the Department of State Health Services. See Texas Health and Safety Code 486.001
  • 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
  • United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005

(c) A business establishment that has used a real-time electronic logging system for longer than two years shall destroy all paper records maintained under this section unless the destruction is otherwise prohibited by law.