The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise.
- (1) Act--The Texas Controlled Substances Act (Texas Health and Safety Code, Chapter 481).
- (2) Administer, abuse unit, adulterant or dilutant, agent, controlled premises, controlled substance, controlled substance analogue, deliver, delivery, designated agent, director, dispense, distribute, distributor, drug, drug paraphernalia, Federal Drug Enforcement Administration, hospital, institutional practitioner, lawful possession, manufacture, marihuana, medication order, narcotic drug, official prescription form, opiate, patient, person, pharmacist, pharmacist-in-charge, pharmacy, possession, practitioner, prescribe, prescription, principal place of business, and registrant--Have the meanings assigned those terms by the Act, §481.002.
- (3) CSR--Controlled Substances Registration.
- (4) Day--means a calendar day unless the context clearly indicates another meaning such as a business day.
- (5) Department or DPS--The Texas Department of Public Safety.
- (6) Drug Enforcement Administration or DEA--The Federal Drug Enforcement Administration.
- (7) Individual practitioner--A physician, dentist, veterinarian, optometrist, podiatrist, or other individual licensed, registered, or otherwise permitted to dispense a controlled substance in the course of professional practice, but does not include a pharmacist, a pharmacy, or an institutional practitioner.
- (8) Inhalant paraphernalia--An item or other material defined as such by Texas Health and Safety Code, §485.001.
- (9) Institutional practitioner--A hospital or other person (other than an individual) licensed, registered, or otherwise permitted to dispense a controlled substance in the course of professional practice, but does not include a pharmacy.
- (10) Laboratory apparatus--An item subject to Subchapter E of this chapter (relating to Precursors and Apparatus).
- (11) Licensed vocational nurse or LVN--An individual recognized as a licensed vocational nurse by the Texas Board of Vocational Nurse Examiners.
- (12) Long-term care facility or LTCF--An establishment licensed as such by the Texas Department of Aging and Disability Services.
- (13) Mid-level practitioner--An individual practitioner, other than a physician, dentist, veterinarian, optometrist, or podiatrist, who is licensed, registered, or otherwise permitted to dispense a controlled substance in the course of professional practice. Examples of mid-level practitioners include, but are not limited to, health care providers such as advanced nurse practitioners and physician assistants who are authorized to dispense controlled substances.
- (14) Narcotic controlled substance--A narcotic drug or other controlled substance that contains opium or an opiate derivative.
- (15) Non-narcotic controlled substance--A controlled substance that does not contain opium or an opiate derivative.
- (16) PCLAS--The Precursor Chemical/Laboratory Apparatus Section.
- (17) Physician assistant--An individual licensed as such by the Texas State Board of Physician Assistant Examiners.
- (18) Precursor chemical--A substance subject to Subchapter E of this chapter (relating to Precursors and Apparatus).
- (19) Readily retrievable record--A record created and maintained by an automatic data processing or mechanized record keeping system so that a particular type of record can be separated from all other records in a reasonable time. The term includes a record created and maintained by annotation of each material item with an asterisk, redline, or some other manner visually identifiable apart from all other items appearing on the required record.
- (20) Record--A notification, order form, statement, invoice, prescription, inventory information, or other document for the acquisition or disposal of a controlled substance, precursor, or apparatus in any manner by a registrant or permit holder under a record keeping or inventory requirement of federal law, the Act, or this chapter.
- (21) Registered nurse--An individual recognized as such by the Texas Board of Nurse Examiners.
- (22) Schedule II--A list of narcotic and non-narcotic controlled substances found in the most current version of Schedule II as established or altered by the commissioner of health under the Act, Subchapter B, and published in the Texas Register.
Source Note:The provisions of this §13.1 adopted to be effective July 18, 2001, 26 TexReg 5266; amended to be effective October 28, 2007, 32 TexReg 7490.