(a) A person is exempt from licensing under §229.435
of this title (relating to Licensure Requirements) if the person engages
only in the following types of device distribution:
(1) intracompany sales;
(2) distribution from a place of business located outside
the State of Texas; or
(3) the sale, purchase, or trade of a distressed or
reconditioned device by a salvage broker or a salvage operator licensed
under §229.605 of this title (relating to Licensing Requirements
and Procedures).
(b) A person is exempt from licensing under §229.435
of this title if the person holds a registration certificate issued
under Occupations Code, Chapter 266, and engages only in conduct within
the scope of that registration.
(c) This section does not exempt a person from other
applicable provisions of the Texas Food, Drug, and Cosmetic Act, Health
and Safety Code, Chapter 431; the Texas Dangerous Drug Act, Health
and Safety Code, Chapter 483; or the rules adopted to administer and
enforce those chapters.
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Source Note: The provisions of this §229.434 adopted to be effective October 18, 1994, 19 TexReg 7910; amended to be effective March 19, 1996, 21 TexReg 1887; amended to be effective March 19, 2001, 26 TexReg 2196; amended to be effective January 1, 2005, 29 TexReg 11983; amended to be effective November 23, 2014, 39 TexReg 9018 |