Tex. Occ. Code § 551.004 · Chapter 551. GENERAL PROVISIONS
APPLICABILITY OF SUBTITLE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) This subtitle does not apply to:
(1) a practitioner licensed by the appropriate state board who supplies a patient of the practitioner with a drug in a manner authorized by state or federal law and who does not operate a pharmacy for the retailing of prescription drugs;
(2) a member of the faculty of a college of pharmacy recognized by the board who is a pharmacist and who performs the pharmacist's services only for the benefit of the college;
(3) a person who procures prescription drugs for lawful research, teaching, or testing and not for resale;
(4) a home and community support services agency that possesses a dangerous drug as authorized by Section 142.0061, 142.0062, or 142.0063, Health and Safety Code; or
(5) a dispensing organization, as defined by Section 487.001, Health and Safety Code, that cultivates, processes, and dispenses low-THC cannabis, as authorized by Chapter 487, Health and Safety Code, to a patient listed in the compassionate-use registry established under that chapter.
(b) This subtitle does not prevent a practitioner from administering a drug to a patient of the practitioner.
(c) This subtitle does not prevent the sale by a person, other than a pharmacist, firm, joint stock company, partnership, or corporation, of:
(1) a nonprescription drug that is harmless if used according to instructions on a printed label on the drug's container and that does not contain a narcotic;
(2) an insecticide, a fungicide, or a chemical used in the arts if the insecticide, fungicide, or chemical is properly labeled; or
(3) an insecticide or fungicide that is mixed or compounded only for an agricultural purpose.
(d) A wholesaler or manufacturer may distribute a prescription drug as provided by state or federal law.
(e) This subtitle does not prevent a physician or therapeutic optometrist from dispensing and charging for therapeutic contact lenses. This subsection does not authorize a therapeutic optometrist to prescribe, administer, or dispense a drug that is otherwise outside the therapeutic optometrist's scope of practice.
Notes and commentary — not statutory text
History
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 396 (H.B. 1740), Sec. 2, eff. June 19, 2009.
Acts 2015, 84th Leg., R.S., Ch. 301 (S.B. 339), Sec. 5, eff. June 1, 2015.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/OC/htm/OC.551.htm
- Text hash
- sha256 eafa6e62348ea22d2f69e6f52f9b97c784841d65a7f23383011428b5b68f51f9
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Health and Safety Code
- Tex. Health & Safety Code § 142.0061POSSESSION OF STERILE WATER OR SALINE.Printed as Section 142.0061, 142.0062, or 142.0063, Health and Safety Code
- Tex. Health & Safety Code § 142.0062POSSESSION OF CERTAIN VACCINES OR TUBERCULIN.Printed as Section 142.0061, 142.0062, or 142.0063, Health and Safety Code
- Tex. Health & Safety Code § 142.0063POSSESSION OF CERTAIN DANGEROUS DRUGS.Printed as Section 142.0061, 142.0062, or 142.0063, Health and Safety Code
- Tex. Health & Safety Code ch. 487TEXAS COMPASSIONATE-USE ACTPrinted as Chapter 487, Health and Safety Code
- Tex. Health & Safety Code § 487.001DEFINITIONS.Printed as Section 487.001, Health and Safety Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.