(a) An agent of a practitioner commits an offense if the agent communicates by telephone a prescription unless the agent is designated in writing under § 483.022 as authorized by the practitioner to communicate prescriptions by telephone.
(b) An offense under this section is a Class B misdemeanor unless it is shown on the trial of the defendant that the defendant has previously been convicted of an offense under this chapter, in which event the offense is a Class A misdemeanor.

Attorney's Note

Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class A misdemeanorup to 1 yearup to $4,000
Class B misdemeanorup to 180 daysup to $2,000
For details, see Texas Penal Code § 12.21 and Texas Penal Code § 12.22

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Terms Used In Texas Health and Safety Code 483.048

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.