Texas Occupations Code 551.004 – Applicability of Subtitle
(a) This subtitle does not apply to:
(1) a practitioner licensed by the appropriate state board who supplies a patient of the practitioner with a drug in a manner authorized by state or federal law and who does not operate a pharmacy for the retailing of prescription drugs;
(2) a member of the faculty of a college of pharmacy recognized by the board who is a pharmacist and who performs the pharmacist’s services only for the benefit of the college;
(3) a person who procures prescription drugs for lawful research, teaching, or testing and not for resale;
(4) a home and community support services agency that possesses a dangerous drug as authorized by § 142.0061, 142.0062, or 142.0063, Health and Safety Code; or
(5) a dispensing organization, as defined by § 487.001, Health and Safety Code, that cultivates, processes, and dispenses low-THC cannabis, as authorized by Chapter 487, Health and Safety Code, to a patient listed in the compassionate-use registry established under that chapter.
(b) This subtitle does not prevent a practitioner from administering a drug to a patient of the practitioner.
Terms Used In Texas Occupations Code 551.004
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- 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
(c) This subtitle does not prevent the sale by a person, other than a pharmacist, firm, joint stock company, partnership, or corporation, of:
(1) a nonprescription drug that is harmless if used according to instructions on a printed label on the drug’s container and that does not contain a narcotic;
(2) an insecticide, a fungicide, or a chemical used in the arts if the insecticide, fungicide, or chemical is properly labeled; or
(3) an insecticide or fungicide that is mixed or compounded only for an agricultural purpose.
(d) A wholesaler or manufacturer may distribute a prescription drug as provided by state or federal law.
(e) This subtitle does not prevent a physician or therapeutic optometrist from dispensing and charging for therapeutic contact lenses. This subsection does not authorize a therapeutic optometrist to prescribe, administer, or dispense a drug that is otherwise outside the therapeutic optometrist’s scope of practice.