Texas Health and Safety Code 486.0142 – Temporary Exemption
(a) On application by a business establishment that operates a pharmacy and engages in over-the-counter sales of products containing ephedrine, pseudoephedrine, or norpseudoephedrine as authorized by § 486.011, the Texas State Board of Pharmacy may grant that business establishment a temporary exemption, not to exceed 180 days, from the requirement of using a real-time electronic logging system under this chapter.
(b) On application by a business establishment that engages in over-the-counter sales of products containing ephedrine, pseudoephedrine, or norpseudoephedrine, the department may grant that business establishment a temporary exemption, not to exceed 180 days, from the requirement of using a real-time electronic logging system under this chapter.
Terms Used In Texas Health and Safety Code 486.0142
- Department: means the Department of State Health Services. See Texas Health and Safety Code 486.001
- Real-time electronic logging system: means a system intended to be used by law enforcement agencies and pharmacies or other business establishments that:
(A) is installed, operated, and maintained free of any one-time or recurring charge to the business establishment or to the state;
(B) is able to communicate in real time with similar systems operated in other states and similar systems containing information submitted by more than one state;
(C) complies with the security policy of the Criminal Justice Information Services division of the Federal Bureau of Investigation;
(D) complies with information exchange standards adopted by the National Information Exchange Model;
(E) uses a mechanism to prevent the completion of a sale of a product containing ephedrine, pseudoephedrine, or norpseudoephedrine that would violate state or federal law regarding the purchase of a product containing those substances; and
(F) is equipped with an override of the mechanism described in Paragraph (E) that:
(i) may be activated by an employee of a business establishment; and
(ii) creates a record of each activation of the override. See Texas Health and Safety Code 486.001
(c) A business establishment granted a temporary exemption under this section must keep records of sales in the same manner required under § 486.0143 for a business establishment that experiences a mechanical or electronic failure of the real-time electronic logging system.
(d) An exemption granted under this section does not relieve a business establishment of any duty under this chapter other than the duty to use a real-time electronic logging system.