25.096, eff. If a pharmacist permits delivery of a controlled substance under this subsection, the pharmacist shall retain in the records of the pharmacy for a period of not less than two years: (1)the name of the authorized delivery person, if delivery is made by that person; (2)the name of the person known to the pharmacist, a pharmacist intern, or the authorized delivery person if delivery is made by that person; or. Section 1395 et seq. Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. Sec. Sec. Sept. 1, 2003. Acts 1989, 71st Leg., ch. 17. (a) A person commits an offense if the person: (1)barters property or expends funds the person knows are derived from the commission of an offense under this chapter punishable by imprisonment in the Texas Department of Criminal Justice for life; (2)barters property or expends funds the person knows are derived from the commission of an offense under Section 481.121(a) that is punishable under Section 481.121(b)(5); (3)barters property or finances or invests funds the person knows or believes are intended to further the commission of an offense for which the punishment is described by Subdivision (1); or. (c)Not later than the seventh day after the date a prescribing practitioner authorizes an emergency oral or telephonically communicated prescription, the prescribing practitioner shall cause a written or electronic prescription, completed in the manner required by Section 481.075, to be delivered to the dispensing pharmacist at the pharmacy where the prescription was dispensed. 1200, Sec. (d)Information submitted to the director under this section may be used only for: (1)the administration, investigation, or enforcement of this chapter or another law governing illicit drugs in this state or another state; (2)investigatory or evidentiary purposes in connection with the functions of an agency listed in Subsection (a)(1); or. The Secretary of State must publish the code in whatever way he considers appropriate for bringing it to the attention of those interested. 745, Sec. if the finder is a trespasser than the reward will be reduced or refused. However, there was some concern that the deadlines might not be flexible enough to accommodate circumstances such as where museums had applied for external funding, and so a measure of discretion has been included in the draft Code where the Treasure Registry feels deadline extensions are appropriate. (b)The innocence of an owner or other person in charge of an object as to a direct violation of this chapter does not prevent a finding that the object is intended or designed for use as drug paraphernalia. MANUFACTURE OR DELIVERY OF CONTROLLED SUBSTANCE CAUSING DEATH OR SERIOUS BODILY INJURY. You have accepted additional cookies. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in Penalty Group 1, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice. 481.115. Amended by Acts 1989, 71st Leg., ch. Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. Nov. 12, 1991. 481.312. 25.100, eff. Added by Acts 2003, 78th Leg., ch. 'Finding is the First Act' - Springer 4-Methylmethcathinone (Also known as Mephedrone); 3,4-Dimethylmethcathinone (Also known as 3,4-DMMC); 3-Fluoromethcathinone (Also known as 3-FMC); 4-Fluoromethcathinone (Also known as Flephedrone); 3,4-Methylenedioxy-N-methylcathinone (Also known as Methylone); 3,4-Methylenedioxypyrovalerone (Also known as MDPV); alpha-Pyrrolidinopentiophenone (Also known as alpha-PVP); Naphthylpyrovalerone(Also known as Naphyrone); beta-Keto-N-methylbenzodioxolylpropylamine (Also known as Butylone); beta-Keto-N-methylbenzodioxolylpentanamine (Also known as Pentylone); beta-Keto-Ethylbenzodioxolylbutanamine (Also known as Eutylone); and. September 1, 2007. 481.116. The Treasure Act 1996. 199, eff. 10, eff. 2, eff. 567, Sec. PATIENT PARTICIPATION. Except as permitted by this chapter, a person may not administer or dispense a controlled substance listed in Schedule I. Sec. Amended by Acts 1989, 71st Leg., ch. Sept. 1, 2001. 19, eff. 87, Sec. . Amended by Acts 1993, 73rd Leg., ch. Sec. The Code is being updated and revised to clarify the advice and guidance for users of the treasure process, reflect the current administrative practices, especially where these differ between the three nations, and make the process more efficient. (3)has not been found by the director to have violated a provision of Subsection (e). (3)for a written prescription, the signatures of the prescribing practitioner and the dispensing pharmacist or for an electronic prescription, the prescribing practitioner's electronic signature or other secure method of validation authorized by federal law. (3)If the Secretary of State determines that a reward is to be paid, he must also determine, in whatever way he thinks fit, (c)to whom the reward is to be payable; and. 745, Sec. The term includes: (A)a kit used or intended for use in planting, propagating, cultivating, growing, or harvesting a species of plant that is a controlled substance or from which a controlled substance may be derived; (B)a material, compound, mixture, preparation, or kit used or intended for use in manufacturing, compounding, converting, producing, processing, or preparing a controlled substance; (C)an isomerization device used or intended for use in increasing the potency of a species of plant that is a controlled substance; (D)testing equipment used or intended for use in identifying or in analyzing the strength, effectiveness, or purity of a controlled substance; (E)a scale or balance used or intended for use in weighing or measuring a controlled substance; (F)a dilutant or adulterant, such as quinine hydrochloride, mannitol, inositol, nicotinamide, dextrose, lactose, or absorbent, blotter-type material, that is used or intended to be used to increase the amount or weight of or to transfer a controlled substance regardless of whether the dilutant or adulterant diminishes the efficacy of the controlled substance; (G)a separation gin or sifter used or intended for use in removing twigs and seeds from or in otherwise cleaning or refining marihuana; (H)a blender, bowl, container, spoon, or mixing device used or intended for use in compounding a controlled substance; (I)a capsule, balloon, envelope, or other container used or intended for use in packaging small quantities of a controlled substance; (J)a container or other object used or intended for use in storing or concealing a controlled substance; (K)a hypodermic syringe, needle, or other object used or intended for use in parenterally injecting a controlled substance into the human body; and. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. The Department for Culture Media and Sport has published the Treasure Act 1996 Code of Practice (Revised) England and Wales. 745, Sec. 481.313. Sept. 1, 1993. Sec. Jan. 1, 1998. (b)Each official prescription form must be sequentially numbered. PENALTY GROUP 4. (11)"Director" means the director of the Department of Public Safety or an employee of the department designated by the director. Acts 2007, 80th Leg., R.S., Ch. Penalty Group 4 consists of: (1)a compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs that includes one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer on the compound, mixture, or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone: not more than 200 milligrams of codeine per 100 milliliters or per 100 grams; not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams; not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams; not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit; not more than 15 milligrams of opium per 29.5729 milliliters or per 28.35 grams; and. Jan. 1, 1998; Acts 2001, 77th Leg., ch. (4)The total reward must not exceed the treasures market value. (A)a physician, dentist, veterinarian, podiatrist, scientific investigator, or other person licensed, registered, or otherwise permitted to distribute, dispense, analyze, conduct research with respect to, or administer a controlled substance in the course of professional practice or research in this state; (B)a pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or administer a controlled substance in the course of professional practice or research in this state; (C)a person practicing in and licensed by another state as a physician, dentist, veterinarian, or podiatrist, having a current Federal Drug Enforcement Administration registration number, who may legally prescribe Schedule II, III, IV, or V controlled substances in that state; or. 25.104, eff. 678, Sec. (a) This subchapter does not apply to an educational or research program of a school district or a public or private institution of higher education. Sept. 1, 1991. Treasure Act 1996 - Legislation.gov.uk (1)a felony of the second degree if the controlled substance that is the subject of the offense is listed in Schedule I or II; (2)a felony of the third degree if the controlled substance that is the subject of the offense is listed in Schedule III or IV; and. Sec. (g)If the director permits access to information under Subsection (a)(3)(A) relating to a person licensed or regulated by an agency listed in Subsection (a)(1), the director shall notify that agency of the disclosure of the information not later than the 10th working day after the date the information is disclosed. (7)In a determination under this section, the Secretary of State must take into account anything relevant in the code of practice issued under section 11. Jan. 1, 1998; Acts 1999, 76th Leg., ch. (34)"Pharmacist" means a person licensed by the Texas State Board of Pharmacy to practice pharmacy and who acts as an agent for a pharmacy. 31, eff. Amended by Acts 1997, 75th Leg., ch. September 1, 2009. Jan. 1, 1998. 1, eff. Sec. (3)"Playground" means any outdoor facility that is not on the premises of a school and that: (C)contains three or more play stations intended for the recreation of children, such as slides, swing sets, and teeterboards. A person who obtains the authorization may not be compelled in a civil, criminal, administrative, legislative, or other proceeding to identify the individuals who are the subjects of the research for which the authorization is obtained. has vested in the Crown under section 4; and. You have accepted additional cookies. Acts 1989, 71st Leg., ch. (e)The administrative law judge shall make findings of fact and conclusions of law and promptly issue to the director a proposal for a decision about the occurrence of the violation and the amount of any proposed penalty. (c)The review board shall be composed of: (1)a licensed physician certified by the American Board of Ophthalmology; (2)a licensed physician certified by the American Board of Internal Medicine and certified in the subspecialty of medical oncology; (3)a licensed physician certified by the American Board of Psychiatry; (4)a licensed physician certified by the American Board of Surgery; (5)a licensed physician certified by the American Board of Radiology; and. 4, eff. 349, Sec. May 20, 2003; Acts 2003, 78th Leg., ch. (33)"Person" means an individual, corporation, government, business trust, estate, trust, partnership, association, or any other legal entity. The Treasure Act 1996 Code of Practice (second revision) England and (a) Except as authorized by this chapter, a person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 3 or 4. However, the director may not require separate registration for a practitioner engaged in research with a nonnarcotic controlled substance listed in Schedules II through V if the registrant is already registered under this subchapter in another capacity. 745, Sec. Section 1308.34 and its subsequent amendments. Treasure Act 1996 Code of Practice (2nd Revision) England and Wales 87, Sec. The court may only order the destruction of a controlled substance property or plant that is not otherwise disposed of in the manner prescribed by Section 481.160. (2)the recipient has established a record of use of the apparatus solely for a lawful purpose. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 1. The Treasure Act (1996) Code of Practice (Revised) for England and Wales. Jan. 1, 1998. 1, eff. 1, eff. Sept. 1, 1989. 1, eff. Sept. 1, 2001. DRUG-FREE ZONES. (2)in, on, or within 300 feet of the premises of a public swimming pool or video arcade facility. 32, eff. News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. Amended by Acts 1993, 73rd Leg., ch. News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. VOLUNTARY SURRENDER, CANCELLATION, SUSPENSION, PROBATION, OR REVOCATION OF REGISTRATION. Jan. 1, 1998; Acts 2001, 77th Leg., ch. In addition, museums are now required to carry out due diligence on the likely financial cost of a find.