| (a) Subject to subsection (b) of this section, a licensed
veterinarian may not prescribe, administer, dispense, deliver, or
order delivered, any controlled substance unless the licensed veterinarian
is currently registered with the federal Drug Enforcement Administration
(DEA) and the Texas Department of Public Safety (DPS) to dispense
controlled substances if such registration is required by other state
or federal law.
(b) The requirement for DEA registration is waived
for a licensed veterinarian who is not registered with the DEA to
dispense controlled substances if:
(1) a licensed veterinarian who is registered with
the DEA to dispense controlled substances (registrant) supervises
or employs the veterinarian who is not registered with the DEA to
dispense controlled substances (non-registrant);
(2) the registrant has knowledge that the non-registrant
is dispensing and/or administering controlled substances in the usual
course of the non-registrant's duties;
(3) the registrant has given written permission for
the non-registrant to dispense/administer under the registrant's license;
and
(4) the registrant has actual knowledge that the non-registrant
is currently registered with the DPS and holds a current DPS controlled
substances certificate.
(c) A licensed veterinarian who is not registered with
the DEA but is registered with the DPS to dispense controlled substances
and holds a current DPS controlled substances certificate may dispense
and administer controlled substances, but may not procure, purchase
or issue a prescription for a controlled substance.
(d) A licensed veterinarian registered with the DEA
and/or DPS must comply with all relevant statutes and rules as required
by DEA and/or DPS, including but not limited to chapter 481 of the
Texas Health and Safety Code, Chapter 13 of Part 1 of Title 37 of
the Texas Administrative Code, and Chapter 13 of Title 21 of United
States Code.
|
| Source Note: The provisions of this §573.43 adopted to be effective June 14, 2012, 37 TexReg 4229; amended to be effective December 25, 2012, 37 TexReg 9937; amended to be effective December 23, 2014, 39 TexReg 10018 |
