(a)[It is unprofessional conduct for] Subject to subsection (b) of this section, a licensee may not [to] prescribe, dispense, deliver, or order delivered, any controlled substance[,] unless the licensee [he] 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 DEA unregistered veterinarian (non-registrant) [employed by a DEA registered veterinarian,] if: (1)a DEA registered veterinarian (registrant) supervises or employs the non-registrant ; (2)the registrant has knowledge that the non-registrant [employee] is dispensing and/or administering controlled substances in the usual course of the non-registrant's [his] duties [employment.]; (3)the registrant [The employer ] has given [must also give] written permission for the non-registrant [employee] to dispense/administer under the registrant's license; and (4)the registrant has actual knowledge [assure] that the non-registrant [employee] is currently registered with the DPS and holds a current DPS controlled substances certificate. (c)A [The] non-registrant [DEA unregistered veterinarian employee] may dispense and administer controlled substances, but in no instance may the non-registrant [he] procure, purchase or issue a prescription for [prescribe] a controlled substance. [(Code of Federal Regulations 21, Part 1300, paragraph 1301.24, and the Texas Controlled Substances Act)]
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 November 2, 2001
TRD-200106767 Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Proposed date of adoption: February 21, 2002
For further information, please call: (512) 305-7555
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