The following words and terms, when used in this chapter, must
have the following meanings, unless the context clearly indicates
(1) Adulterated Drug or Device--As defined in the Texas
Food, Drug and Cosmetic Act, Health and Safety Code, §431.111.
(2) Controlled Substance--As defined in the Health
and Safety Code, §481.002.
(3) Department--The Department of State Health Services.
(4) Dispense--To prepare, package, compound, or label
in the course of professional practice, a prescription drug or device
for delivery to an ultimate user or the user's agent under a practitioner's
(5) Donor--An individual who donates unused, unit-dose
packaged prescription drugs under Health and Safety Code, Chapter
442 to a participating provider.
(6) Health Care Facility--A facility that provides
health care services to patients and maintains a pharmacy in the facility.
The term includes the following facilities if a pharmacy is maintained
in the facility:
(A) a general or special hospital as defined by Health
and Safety Code, Chapter 241;
(B) an ambulatory surgical center licensed under Health
and Safety Code, Chapter 243; and
(C) an institution licensed under Health and Safety
Code, Chapter 242.
(7) Health Care Professional--An individual licensed,
certified, or otherwise authorized to administer health care and prescribe
prescription drugs, for profit or otherwise, in the ordinary course
of business or professional practice. The term does not include a
health care facility.
(8) Manufacturer--A person who is a designer, formulator,
constructor, rebuilder, fabricator, producer, compounder, processor,
or assembler of any product or any component part thereof and who
places the product or any component part thereof in the stream of
(9) Participating Provider--A health care facility
or pharmacy, or a pharmacist who is an employee of the facility or
pharmacy that elects to participate in the collection and redistribution
of donated prescription drugs under Health and Safety Code, Chapter
(10) Pharmacist--A person licensed under Occupations
Code, Chapter 558.
(11) Pharmacy--An entity licensed under Occupations
Code, Chapter 560.
(12) Prescription Drug--As defined under Occupations
(13) Program--Prescription Drug Donation Program.
(14) Recipient--An individual who voluntarily receives
donated prescription drugs under Health and Safety Code Chapter 442.
(15) Tamper-Evident--Packaging that allows for detection
of unauthorized access to a prescription drug.
(16) Unit-Dose--A dose of medicine prepared in an individual
packet by a licensed facility for convenience, safety, or monitoring.