1. (a) Each holder of a medicinal permit as defined by §39.01 et seq., of the Alcoholic Beverage Code shall file a monthly report (monthly report of medicinal pharmacy) with the commission on forms prescribed by the administrator. The report shall be filed with the commission at its offices at Austin on or before the 15th day of the month following the calendar month for which the report is made and shall show the following: A full and complete record of all liquor received, purchased, and disposed of by the medicinal permittee during the month for which the report is made and the detailed information with respect thereto shall be given as follows:

   1. (1) the exact quantity of liquors of any kind on hand or possessed on the closing day of the month for which the report is made;
   2. (2) a complete record of liquors purchased during the month, showing invoice numbers and dates of invoices; name of wholesaler from whom purchased and his address; units of liquors; the total bottles received during the month, and the total gallons of liquor received during the month;
   3. (3) a complete record of liquor prescriptions filled during the month, showing the names of the prescribing physicians, their addresses and permit numbers the amount of liquor prescribed by each physician, the number of liquor prescriptions prescribed by each individual physician which were filled by the said permittee during the month, and the total number of liquor prescriptions prescribed by each individual physician which were filled by the said permittee during the month, and the total number of liquor prescriptions filled;
   4. (4) the total number of prescriptions filled during the month for other medicines, excluding narcotics;
   5. (5) the correct inventory of all liquor prescription tax stamps on hand for the closing day of business of the month for which the report is made;
   6. (6) the amount of liquor prescription tax stamps received during the month for which the report is made;
   7. (7) the date the liquor prescription tax stamps were received;
   8. (8) from whom the liquor prescription tax stamps were received;
   9. (9) the date and number of the state treasurer's invoice;
   10. (10) the total monetary value of stamps billed on each invoice.
2. (b) The report shall give the name and address of the medicinal permittee making the report and the medicinal permit number, and shall be signed by the holder of said medicinal permit or his authorized agent, who shall make affidavit as to the correctness of the report as follows: "In compliance with rules adopted by the Commission, I, the holder of the aforementioned Medicinal Permit, or the duly authorized agent thereof, do state under oath that this report accounts for all liquors in stock, purchased, received and dispensed during the month for which report is made. I further state under oath that this report accounts for all liquor prescription tax stamps purchased during the month for which this report is made and supplies a correct inventory of all liquor prescriptions tax stamps on hand on the closing day of business of the month for which this report is made, and that all representations, facts and figures contained therein are true and correct." The affidavit shall be signed and sworn to by the permittee or his duly authorized representative before a notary public or other officer authorized to administer oaths.

3. (c) Each holder of a medicinal permit shall keep and preserve at his place of business a complete record of all liquor received or purchased by the permittee. This record shall show the following:

   1. (1) each purchase of liquor, from whom purchased, date of purchase, quantity purchased, kind and character of liquor purchased, and such record shall also show the date of each receipt and kind of liquors received, as well as the name of the carrier making delivery thereof. Entries on this record shall be made on the date the liquor is received, and the records shall show the quantity and kind of liquor on hand at the close of business on the last day of each calendar month;
   2. (2) a complete record of all liquor prescription tax stamps received, date of such receipt, and the disposition thereof; and
   3. (3) a complete record of all liquor prescription tax stamps on hand at the close of business on the last day of each calendar month, including the quantity and value of such stamps.
4. (d) The requirements of this section shall be cumulative of any other requirements as to the keeping of records by medicinal permittees contained in any other section.
5. (e) No medicinal permittee, his agents or employees, shall ever have in his possession any blank prescription for liquor, and no medicinal permittee, his agents or employees, shall ever fill out a prescription for liquor or write any of the information required on such liquor prescription.

Source Note:The provisions of this §41.40 adopted to be effective January 1, 1976; amended to be effective September 18, 1978, 3 TexReg 3093.