(a)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.]
(b)[(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.
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office
of the Secretary of State on August 31, 2015
TRD-201503477 Loris Jones
Executive Assistant
Texas Board of Veterinary Examiners
Earliest possible date of adoption: October 11, 2015
For further information, please call: (512) 305-7563
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