Texas Register

TITLE 22 EXAMINING BOARDS
PART 24TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS
CHAPTER 573RULES OF PROFESSIONAL CONDUCT
SUBCHAPTER EPRESCRIBING AND/OR DISPENSING MEDICATION
RULE §573.43Controlled Substances Registration
ISSUE 01/27/2012
ACTION Proposed
Preamble Texas Admin Code Rule

(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.

(b)The requirement for DEA registration is waived for a licensed veterinarian who is not registered with the DEA to dispense controlled 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.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 12, 2012

TRD-201200127

Loris Jones

Executive Assistant

Texas Board of Veterinary Medical Examiners

Earliest possible date of adoption: February 26, 2012

For further information, please call: (512) 305-7563



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