Texas Administrative Code
Title 25 - HEALTH SERVICES
Part 1 - DEPARTMENT OF STATE HEALTH SERVICES
Chapter 230 - SPECIFIC ADDITIONAL REQUIREMENTS FOR DRUGS
Subchapter B - LIMITATIONS ON SALES OF PRODUCTS CONTAINING EPHEDRINE, PSEUDOEPHEDRINE, AND NORPSEUDOEPHEDRINE
Section 230.15 - Records

Universal Citation: 25 TX Admin Code ยง 230.15

Current through Reg. 49, No. 38; September 20, 2024

(a) Before completing a sale of a regulated product, an employee with authority to access regulated products must:

(1) require the person making the purchase to:
(A) display a driver's license or other form of government-issued identification containing the person's photograph and indicating that the person is 16 years of age or older; and

(B) sign for the purchase;

(2) make a record of the sale, using a format approved or provided by the department for this purpose, that includes the name and date of birth of the person making the purchase, the address of the purchaser, the date and time of the purchase, the type of identification displayed by the person and the identification number, the product name for the item purchased, and the number of grams purchased; and

(3) transmit the record of sales as required by § 230.16 of this title (relating to Real-Time Electronic Logging System).

(b) A business establishment may not sell to a person who makes over-the-counter purchases of one or more products containing ephedrine, pseudoephedrine, or norpseudoephedrine:

(1) within any calendar day, more than 3.6 grams of ephedrine, pseudoephedrine, norpseudoephedrine, or a combination of those substances; and

(2) within any 30-day period, more than 9 grams of ephedrine, pseudoephedrine, norpseudoephedrine, or a combination of those substances.

(c) Except as provided by subsection (d) of this section, a business establishment shall maintain each record made under subsection (a)(2) of this section until at least the second anniversary of the date the record is made and shall make each record available on request by the department or any local, state, or federal law enforcement agency, including the United States Drug Enforcement Administration.

(d) Subsection (c) of this section does not apply to a business establishment that has used a real-time electronic logging system for longer than two years.

(e) A business establishment that has used a real-time electronic logging system for longer than two years shall destroy all paper records maintained under this section unless the destruction is otherwise prohibited by law.

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