The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: (1) Act--The Texas Pharmacy Act, Chapters 551 - 566, Texas Occupations Code, as amended. (2) Administrative law judge--A judge employed by the State Office of Administrative Hearings. (3) Agency--The Texas State Board of Pharmacy, and its divisions, departments, and employees. (4) Administrative Procedure Act (APA)--Government Code, Chapter 2001, as amended. (5) Board--The Texas State Board of Pharmacy. (6) Confidential address of record--The home address required to be provided by each individual, who is a licensee, registrant, or pharmacy owner and where service of legal notice will be sent. The address is confidential, as set forth in §555.001(d) of the Act, and not subject to disclosure under the Public Information Act. (7) Contested case--A proceeding, including but not restricted to licensing, in which the legal rights, duties, or privileges of a party are to be determined by the board after an opportunity for adjudicative hearing. (8) Diversion of controlled substances--An act or acts which result in the distribution of controlled substances from legitimate pharmaceutical or medical channels in violation of the Controlled Substances Act or rules promulgated pursuant to the Controlled Substances Act or rules relating to controlled substances promulgated pursuant to this Act. (9) Diversion of dangerous drugs--An act or acts which result in the distribution of dangerous drugs from legitimate pharmaceutical or medical channels in violation of the Dangerous Drug Act or rules promulgated pursuant to the Dangerous Drug Act or rules relating to dangerous drugs promulgated pursuant to this Act. (10) Executive director/secretary--The secretary of the board and executive director of the agency. (11) License--The whole or part of any agency permit, certificate, approval, registration, or similar form of permission required by law. (12) Licensee--Any individual or person to whom the agency has issued any permit, certificate, approved registration, or similar form of permission authorized by law. (13) Licensing--The agency process relating to the granting, denial, renewal, revocation, suspension, annulment, withdrawal, or amendment of a license. (14) Official act--Any act performed by the board pursuant to a duty, right, or responsibility imposed or granted by law, rule, or regulation. (15) Person--An individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, or any other legal entity. (16) President--The president of the Texas State Board of Pharmacy. (17) Presiding Officer--The president of the Texas State Board of Pharmacy or, in the president's absence, the highest ranking officer present at a board meeting. (18) Publicly available address of record--The alternate address required to be provided by each licensee, registrant, or pharmacy owner, which will be released to the public, as set forth in §555.001(d) of the Act, and is subject to disclosure under the Public Information Act. (A) The alternate address must be a business address or other alternate address, such as the home address of the individual's relative, where mail can be received on a regular basis. (B) A pharmacy must provide the physical address of the pharmacy to be used for this purpose. (19) Quorum--A majority of the members of the board appointed and serving on the board. (20) State Office of Administrative Hearings (SOAH)--The agency to which contested cases are referred by the Texas State Board of Pharmacy. (21) Sample--A prescription drug which is not intended to be sold and is intended to promote the sale of the drug. (22) Texas Public Information Act--Government Code, Chapter 552. |
| Source Note: The provisions of this §281.2 adopted to be effective December 30, 1998, 23 TexReg 13073; amended to be effective December 27, 2000, 25 TexReg 12688; amended to be effective September 8, 2002, 27 TexReg 8212; amended to be effective March 25, 2007, 32 TexReg 1507; amended to be effective September 12, 2011, 36 TexReg 5845 |
