The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

1. (1) Act--The Texas Pharmacy Act, Texas Civil Statutes, Article 4542a-1, as amended.
2. (2) Administrative law judge, ALJ, or judge--An individual appointed by the chief administrative law judge of the State Office of Administrative Hearings (SOAH) under Government Code, Chapter 2003, §2003.041.
3. (3) Alternative Dispute Resolution (ADR)--Processes used at the State Office of Administrative Hearings (SOAH) to resolve disputes outside the formal contested case hearing processes, including mediation, mediated settlement conferences, and arbitration.
4. (4) Agency--The Texas State Board of Pharmacy, and its divisions, departments, and employees.
5. (5) Administrative Procedure Act (APA)--Government Code, Chapter 2001, as amended.
6. (6) Authorized representative--An attorney authorized to practice law in the State of Texas or, if authorized by applicable law, a person designated by a party to represent the party.
7. (7) Board--The Texas State Board of Pharmacy.
8. (8) Business day--A weekday on which state offices are open.
9. (9) Contested case--A proceeding, including but not restricted to licensing, in which the legal rights, duties, or privileges of a party are to be determined by the board after an opportunity for adjudicative hearing.
10. (10) Diversion of controlled substances--An act or acts which result in the distribution of controlled substances from legitimate pharmaceutical or medical channels in violation of the Controlled Substances Act or rules promulgated pursuant to the Controlled Substances Act or rules relating to controlled substances promulgated pursuant to this Act.
11. (11) Executive director/secretary--The secretary of the board and executive director of the agency.
12. (12) License--The whole or part of any agency permit, certificate, approval, registration, or similar form of permission required by law.
13. (13) Licensee--Any individual or person to whom the agency has issued any permit, certificate, approved registration, or similar form of permission authorized by law.
14. (14) Licensing--The agency process relating to the granting, denial, renewal, revocation, suspension, annulment, withdrawal, or amendment of a license.
15. (15) Official act--Any act performed by the board pursuant to a duty, right, or responsibility imposed or granted by law, rule, or regulation.
16. (16) Party--A person or agency named or admitted as a party.
17. (17) Person--An individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, or any other legal entity.
18. (18) Pleading--A written document submitted by a party, or a person seeking to participate in a case as a party, which requests procedural or substantive relief, makes claims, alleges facts, makes legal argument, or otherwise addresses matters involved in the case.
19. (19) President--The president of the Texas State Board of Pharmacy.
20. (20) Presiding Officer--The president of the Texas State Board of Pharmacy or, in the president's absence, the highest ranking officer present at a Board meeting.
21. (21) Quorum--A majority of the members of the board appointed and serving on the board.
22. (22) Register--The Texas Register established by the APA.
23. (23) Rule--Any agency statement of general applicability that implements, or prescribes law or policy by defining general standards of conduct, rights, or obligations of persons, or describes the procedure or practice requirements that prescribe the manner in which public business before an agency may be initiated, scheduled, or conducted, or interprets or clarifies law or agency policy, whether with or in the absence of an explicit grant of power to the agency to make rules. The term includes the amendment or repeal of a prior rule but does not include statements concerning only the internal management or organization of the agency and not affecting private rights or procedures. This definition includes regulations.
24. (24) State Office of Administrative Hearings (SOAH)--The agency to which contested cases are referred by the Texas State Board of Pharmacy.
25. (25) Sample--A prescription drug which is not intended to be sold and is intended to promote the sale of the drug.
26. (26) Texas Open Records Act--Government Code, Chapter 552.

Source Note:The provisions of this §281.2 adopted to be effective December 30, 1998, 23 TexReg 13073.