37 Tex. Admin. Code § 13.1
Chapter Definitions
Effective Feb 25, 201035 TexReg 1471Source 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; amended to be effective March 12, 2008, 33 TexReg 2037; amended to be effective February 25, 2010, 35 TexReg 1471.Texas Secretary of State
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) Advanced practice nurse (APN)--An individual recognized as a licensed advances practice nurse by the Texas Board of Nursing.
- (4) CSR--Controlled Substances Registration.
- (5) Day--A calendar day unless the context clearly indicates another meaning such as a business day.
- (6) Department (DPS)--The Texas Department of Public Safety.
- (7) Drug Enforcement Administration (DEA)--The Federal Drug Enforcement Administration.
- (8) Electronic transmission--The transmission of information in electronic form such as computer to computer, electronic device to computer, e-mail, or the transmission of the exact visual image of a document by way of electronic media.
- (9) Emergency medical service (EMS)--An entity comprised of all needed emergency equipment and trained personnel to administer proper pre-hospital care in a medical or health situation.
- (10) Emergency medical service medical director (EMSMD)--A person recognized as such under Texas Administrative Code, Title 22, Part 9, Chapter 197, §197.2(9) and has a current DPS registration.
- (11) Emergency medical service provider (EMSP)--A person licensed as such by the Texas Department of State Health Services.
- (12) First responder organization (FRO)--An organization certified as such by the Texas Department of State Health Services.
- (13) Health practitioner--An individual licensed under the laws of this state to provide health or veterinary services during emergency or disaster situations in this state.
- (14) 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.
- (15) Inhalant paraphernalia--An item or other material defined as such by Texas Health and Safety Code, §485.001.
- (16) 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.
- (17) Laboratory apparatus--An item subject to Subchapter E of this chapter (relating to Precursors and Apparatus).
- (18) Licensed vocational nurse (LVN)--An individual recognized as a licensed vocational nurse by the Texas Board of Nursing.
- (19) Locum tenen--An individual practitioner who practices in a temporary position in this state and licensed by the appropriate Texas state licensing board.
- (20) Long-term care facility (LTCF)--An establishment licensed as such by the Texas Department of Aging and Disability Services.
- (21) 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 practice nurse and physician assistants who are authorized to dispense controlled substances.
- (22) Narcotics controlled substance--A narcotic drug or other controlled substance that contains opium or an opiate derivative.
- (23) Non-narcotic controlled substance--A controlled substance that does not contain opium or an opiate derivative.
- (24) PCLAS--The precursor chemical/Laboratory Apparatus Section.
- (25) Physician assistant--An individual licensed as such by the Texas Physician Assistant Board.
- (26) Precursor chemical--A substance subject to Subchapter E of this chapter (relating to Precursors and Apparatus).
- (27) Readily retrievable record--A record created an 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.
- (28) 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.
- (29) Registered nurse--An individual recognized as such by the Texas Board of Nursing.
- (30) 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.
- (31) Stored--The keeping of controlled substances at a principal place of business. The term does not include the medical lockers in emergency medical vehicles, aircraft (fixed or rotor wing) or vessels while the vehicles, aircraft or vessels are in their stations, hangers or docking stations awaiting calls.
- (32) Temporary Controlled Substances Registration (TCSR)--A controlled substances registration issued to a locum tenen or a health practitioner for a period of time not to exceed 90 days.
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; amended to be effective March 12, 2008, 33 TexReg 2037; amended to be effective February 25, 2010, 35 TexReg 1471.