2005 Texas Occupations Code CHAPTER 353. CONTACT LENS PRESCRIPTION ACT

OCCUPATIONS CODE

CHAPTER 353. CONTACT LENS PRESCRIPTION ACT

SUBCHAPTER A. GENERAL PROVISIONS


	§ 353.001. SHORT TITLE.  This chapter may be cited as the 
Contact Lens Prescription Act.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 353.002. DEFINITIONS.  In this chapter:                                   
		(1)  "Board" means the executive commissioner of the 
Health and Human Services Commission or the Department of State 
Health Services, as consistent with the respective duties of the 
executive commissioner or department under the laws of this state.
		(2)  "Department" means the Department of State Health 
Services or the Health and Human Services Commission, as consistent 
with the respective duties of those agencies under the laws of this 
state.
		(2-a)  "Direct communication" includes communication 
by telephone, facsimile, or electronic mail.
		(3)  "Disposable contact lenses" means soft contact 
lenses that:            
			(A)  are dispensed in sealed packages;                                       
			(B)  are sterilized and sealed by the 
manufacturer;  and                   
			(C)  according to the physician's, optometrist's, 
or therapeutic optometrist's instructions concerning wear, have a 
recommended lens replacement interval of less than three months.
		(4)  "Optician" means a person, other than a physician, 
optometrist, therapeutic optometrist, or pharmacist, who is in the 
business of dispensing contact lenses.
		(5)  "Optometrist" means a person licensed to practice 
optometry or therapeutic optometry by the Texas Optometry Board.
		(6)  "Pharmacist" means a person licensed to practice 
pharmacy by the Texas State Board of Pharmacy.
		(7)  "Physician" means a person licensed to practice 
medicine by the Texas State Board of Medical Examiners.
		(8)  "Therapeutic optometrist" means a person licensed 
to practice therapeutic optometry by the Texas Optometry Board.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2005, 79th Leg., ch. 101, § 2.001, eff. Sept. 1, 2005.


	§ 353.003. EFFECT OF CHAPTER.  This chapter does not 
prevent or restrict a physician from:
		(1)  treating or prescribing for a patient;  or                               
		(2)  directing or instructing a person under the 
physician's control or supervision who assists a patient according 
to a specific direction, order, instruction, or prescription.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 353.004. PUBLIC INFORMATION ON PRESCRIPTION 
RELEASE.  (a) The board and the Texas Optometry Board shall prepare 
and provide to the public and appropriate state agencies 
information regarding the release and verification of contact lens 
prescriptions.
	(b)  The board may adopt rules necessary to implement this 
section.          

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2005, 79th Leg., ch. 101, § 2.002, eff. Sept. 1, 2005.


	§ 353.005. RULES.  (a) The executive commissioner of the 
Health and Human Services Commission shall adopt rules, including 
rules that require a person dispensing contact lenses to maintain 
certain information when verifying a prescription under Section 
353.1015, as necessary to:
		(1)  govern and implement verification procedures 
under Section 353.1015;  and
		(2)  enter into interagency and other agreements to 
implement and enforce this chapter.
	(b)  The executive commissioner of the Health and Human 
Services Commission and the Texas Optometry Board shall each adopt 
rules relating to contact lens prescriptions and the dispensing of 
contact lenses, including rules that allow for interagency 
agreements, as necessary to implement and enforce this chapter.
	(c)  In implementing rules under Subsection (b), the 
executive commissioner of the Health and Human Services Commission 
and the Texas Optometry Board:
		(1)  shall cooperate with one another as necessary to 
adopt rules that are consistent with the rules adopted by the other 
agency;  and
		(2)  may consult with the Texas State Board of Medical 
Examiners and the Texas State Board of Pharmacy.

Added by Acts 2005, 79th Leg., ch. 101, § 2.003, eff. Sept. 1, 
2005.     

SUBCHAPTER B. DISPENSING CONTACT LENSES;  PERMIT


	§ 353.051. CONTACT LENS DISPENSER.  Contact lenses may be 
dispensed only by:
		(1)  a physician, optometrist, therapeutic 
optometrist, or pharmacist;      
		(2)  an employee of a physician, optometrist, 
therapeutic optometrist, or pharmacist who performs contact lens 
dispensing services only under the direct supervision and control 
of the physician, optometrist, therapeutic optometrist, or 
pharmacist;  or
		(3)  an optician who holds a contact lens dispensing 
permit issued under this subchapter.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 353.052. CONTACT LENS DISPENSING BY BUSINESS 
ENTITY.  (a) A business entity that dispenses contact lenses to a 
person in this state:
		(1)  must obtain a contact lens dispensing permit in 
the entity's name;  and
		(2)  may not dispense the lenses to a person in this 
state through an employee or other person who holds a contact lens 
dispensing permit.
	(b)  A business entity that has at least 10 locations may 
obtain a single permit for the entity and its employees.  An 
employee of an entity with a permit under this subsection is not 
required to obtain a separate permit.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 353.053. REQUIREMENTS FOR PERMIT ISSUANCE.  The board 
shall issue a contact lens dispensing permit to an applicant who:
		(1)  agrees in writing to comply with state and federal 
laws and regulations regarding selling, delivering, or dispensing 
contact lenses;
		(2)  has not had a contact lens dispensing permit 
revoked or canceled for cause during the two-year period preceding 
the application date;
		(3)  provides the board with the trade name and address 
of each location where the applicant intends to conduct business;
		(4)  provides the board with other information the 
board reasonably requires;  and
		(5)  pays the required permit fee.                                            

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 353.054. TERM OF PERMIT.  (a) A contact lens dispensing 
permit issued under this subchapter is valid for one year.
	(b)  The board may temporarily extend or shorten the term of 
a permit to provide for the staggered renewal of permits or for the 
annual renewal of all permits on the same date.  The board shall 
prorate the permit fee to accomplish that purpose.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 353.055. PERMIT RENEWAL.  (a) To renew a contact lens 
dispensing permit, a permit holder must apply in the manner 
prescribed by board rule and pay the permit fee.
	(b)  The board may not require an applicant for renewal of a 
permit to provide more information than is required for issuance of 
an original permit.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 353.056. ANNUAL PERMIT FEE.  (a) The board may adopt 
annual permit fees in amounts reflecting the cost of administering 
the provisions of this chapter relating to regulating permit 
holders.
	(b)  Until changed by the board, the annual permit fee for a 
contact lens dispensing permit is:
		(1)  $10 for an optician who has registered with the 
department;            
		(2)  $25 for an optician who has not registered with the 
department;  and   
		(3)  $100 for a business entity.                                              

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    

SUBCHAPTER C. SALE OR DELIVERY OF CONTACT LENSES


	§ 353.101. PROHIBITED SELLING OR DISPENSING.  (a) A 
person, other than the prescribing physician, optometrist, or 
therapeutic optometrist, may not fill a contact lens prescription 
or sell or dispense contact lenses to a consumer in this state 
unless the person:
		(1)  receives from the prescribing physician, 
optometrist, or therapeutic optometrist or the consumer, directly 
or by facsimile, a contact lens prescription that has not expired 
and that conforms to the requirements of this chapter;  or
		(2)  verifies by direct communication a contact lens 
prescription to be filled.
	(b)  A person receiving a direct communication under 
Subsection (a)(2) shall maintain a record of the communication. 

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2005, 79th Leg., ch. 101, § 2.004, eff. Sept. 1, 2005.


	§ 353.1015. VERIFICATION PROCEDURE.  (a) When seeking 
verification of a contact lens prescription, a person dispensing 
contact lenses shall provide the prescribing physician, 
optometrist, or therapeutic optometrist with the following 
information:
		(1)  the patient's full name and address;                                     
		(2)  contact lens power, manufacturer, base curve or 
appropriate designation, and diameter, as appropriate;
		(3)  quantity of lenses ordered;                                              
		(4)  the date on which the patient requests lenses to be 
dispensed;         
		(5)  the date and time of the verification request;  and                      
		(6)  the name, telephone number, and facsimile number 
of a person at the contact lens dispenser's company with whom to 
discuss the verification.
	(b)  A prescription is considered verified under this 
section if:            
		(1)  the prescribing physician, optometrist, or 
therapeutic optometrist by a direct communication confirms that the 
prescription is accurate;
		(2)  the prescribing physician, optometrist, or 
therapeutic optometrist informs the person dispensing the contact 
lenses that the prescription is inaccurate and provides the correct 
prescription information;  or
		(3)  the prescribing physician, optometrist, or 
therapeutic optometrist fails to communicate with the person 
dispensing the contact lenses not later than the eighth business 
hour after the prescribing physician, optometrist, or therapeutic 
optometrist receives from the person dispensing the contact lenses 
the request for verification or within another similar period 
specified by rule.
	(c)  If a prescribing physician, optometrist, or therapeutic 
optometrist timely informs the person dispensing the contact lenses 
that the prescription is inaccurate or invalid, the person may not 
dispense the contact lenses.
	(d)  If a prescribing physician, optometrist, or therapeutic 
optometrist notifies the person dispensing the contact lenses that 
the prescription is inaccurate or invalid, the prescribing 
physician, optometrist, or therapeutic optometrist shall:
		(1)  specify the basis for the inaccuracy or invalidity 
of the prescription;  and
		(2)  correct the prescription.                                                

Added by Acts 2005, 79th Leg., ch. 101, § 2.005, eff. Sept. 1, 
2005.     


	§ 353.102. ACCURACY REQUIRED.  A person who dispenses 
contact lenses under this chapter from a contact lens prescription 
shall fill the prescription accurately subject to Section 353.103.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 353.103. AUTHORIZED MODIFICATION OF PRESCRIPTION.  (a) 
If a patient presents a contact lens prescription to be filled or 
asks a permit holder to verify a contact lens prescription under 
Section 353.1015, but requests that fewer than the total number of 
lenses authorized by the prescription be dispensed, the person 
dispensing the lenses shall note on the prescription or 
verification:
		(1)  the number of lenses dispensed;                                          
		(2)  the number of lenses that remain eligible to be 
dispensed under the prescription;  and
		(3)  the name, address, telephone number, and license 
or permit number of the person dispensing the lenses.
	(b)  A notation under Subsection (a) is a permanent 
modification of the prescription.  Except as provided by this 
subsection, a contact lens prescription may not be modified.
	(c)  The person dispensing the lenses shall:                                   
		(1)  maintain a photocopy of the prescription or 
verification, as modified, in the person's records as if the copy 
were the prescription to be filled;  and
		(2)  return a prescription to the patient so that the 
patient may have the additional lenses dispensed elsewhere.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2005, 79th Leg., ch. 101, § 2.006, eff. Sept. 1, 2005.


	§ 353.104. EMERGENCY REFILL.  (a) If a patient needs an 
emergency refill of the patient's contact lens prescription, a 
physician, optometrist, or therapeutic optometrist may telephone 
or fax the prescription to a person authorized to dispense contact 
lenses under Section 353.051 or may verify a prescription under 
Section 353.1015.
	(b)  A fax or telephone record received under Subsection (a) 
must include the name, address, telephone number, and license 
number of the physician, optometrist, or therapeutic optometrist.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2005, 79th Leg., ch. 101, § 2.006, eff. Sept. 1, 2005.


	§ 353.105. ALTERATION OF PRESCRIPTION PROHIBITED.  (a) 
Except as provided by Subsection (b) and Section 353.103, a person 
dispensing contact lenses may not alter a contact lens 
prescription.
	(b)  A person dispensing contact lenses may fill a contact 
lens prescription that requires a contact lens manufactured by a 
particular company with another lens manufactured by that company 
if the lens required by the prescription and the lens with which the 
prescription is filled are the same lens but are sold by the company 
under multiple labels to different contact lens dispensers.

Added by Acts 2005, 79th Leg., ch. 101, § 2.007, eff. Sept. 1, 
2005.     

SUBCHAPTER D. CONTACT LENS PRESCRIPTIONS


	§ 353.151. DIRECTIONS FOR INDEPENDENT OPTICIAN;  
DELEGATION.  (a) If a physician's directions, instructions, or 
orders are to be performed or a physician's prescription is to be 
filled by an optician who is independent of the physician's office, 
the directions, instructions, orders, or prescription must be:
		(1)  in writing or verified under Section 353.1015;                           
		(2)  of a scope and content and communicated to the 
optician in a form and manner that, in the professional judgment of 
the physician, best serves the health, safety, and welfare of the 
physician's patient;  and
		(3)  in a form and detail consistent with the optician's 
skill and knowledge.
	(b)  A person who holds a contact lens dispensing permit 
issued under Subchapter B may measure the eye or cornea and may 
evaluate the physical fit of lenses for a particular patient of a 
physician if the physician has delegated in writing those 
responsibilities regarding that patient to the person in accordance 
with Subsection (a) and Section 351.005.
	(c)  If a physician notes on a spectacle prescription "fit 
for contacts" or similar language and has, as required by 
Subsections (a) and (b), specifically delegated to a specific 
optician the authority to make the additional measurements and 
evaluations necessary for a fully written contact lens 
prescription, the optician may dispense contact lenses to the 
patient even though the prescription is less than a fully written 
contact lens prescription.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2005, 79th Leg., ch. 101, § 2.008, eff. Sept. 1, 2005.


	§ 353.152. REQUIREMENTS FOR CONTACT LENS 
PRESCRIPTION.  (a) contact lens prescription must contain, at a 
minimum:
		(1)  the patient's name;                                                      
		(2)  the date the prescription was issued;                                    
		(3)  the manufacturer of the contact lens to be 
dispensed, if needed;       
		(4)  the expiration date of the prescription;                                 
		(5)  the signature of the physician, optometrist, or 
therapeutic optometrist or a verification of the prescription 
described by Section 353.1015;
		(6)  if the prescription is issued by an optometrist, 
specification information required by Texas Optometry Board rule;  
and
		(7)  if the prescription is issued by a physician, 
specification information required by Texas State Board of Medical 
Examiners rule.
	(b)  The Texas Optometry Board and the Texas State Board of 
Medical Examiners may adopt rules regarding the contents of a 
prescription for contact lenses. 

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2005, 79th Leg., ch. 101, § 2.009, eff. Sept. 1, 2005.


	§ 353.153. TERM OF PRESCRIPTION.  A physician, 
optometrist, or therapeutic optometrist may not issue a contact 
lens prescription that expires before the first anniversary of the 
date the patient's prescription parameters are determined, unless a 
shorter prescription period is warranted by the patient's ocular 
health or by potential harm to the patient's ocular health.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 353.154. SHORT-TERM PRESCRIPTION.  If a physician, 
optometrist, or therapeutic optometrist writes a contact lens 
prescription for a period of less than one year, the physician, 
optometrist, or therapeutic optometrist shall:
		(1)  give the patient a verbal explanation of the 
reason for the action at the time of the action;  and
		(2)  maintain in the patient's records a written 
explanation of the reason. 

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 353.155. EXTENSION OF PRESCRIPTION.  (a) A physician, 
optometrist, or therapeutic optometrist may extend the expiration 
date for a contact lens prescription without completing another eye 
examination.
	(b)  On request by a patient, a prescribing physician, 
optometrist, or therapeutic optometrist shall authorize at least 
once a two-month extension of the patient's contact lens 
prescription.  The physician, optometrist, or therapeutic 
optometrist may extend the prescription in accordance with Section 
353.104.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 353.156. PATIENT ACCESS TO PRESCRIPTION;  TIMING.  (a) 
A physician, optometrist, or therapeutic optometrist who performs 
an eye examination and fits a patient for contact lenses shall:
		(1)  prepare and give a contact lens prescription to 
the patient;  and      
		(2)  as directed by any person designated to act on 
behalf of the patient, provide the prescription or verify the 
prescription as provided by Section 353.1015.
	(b)  If the contact lens prescription results from an initial 
or annual eye examination, the physician, optometrist, or 
therapeutic optometrist shall prepare and give the prescription to 
the patient at the time the physician, optometrist, or therapeutic 
optometrist determines the parameters of the prescription.
	(c)  On receipt of a prescription request from a patient who 
did not receive an original contact lens prescription during an 
initial or annual eye examination, the physician, optometrist, or 
therapeutic optometrist shall provide the patient with the 
prescription at any time during which the prescription is valid.  
Except as provided by Section 353.158(1), if the patient requests 
the physician, optometrist, or therapeutic optometrist to deliver 
the prescription to the patient or to another person, the 
physician, optometrist, or therapeutic optometrist may charge to 
the patient the cost of delivery.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2005, 79th Leg., ch. 101, § 2.010, eff. Sept. 1, 2005.


	§ 353.157. LIMITATIONS ON OR REFUSAL TO GIVE 
PRESCRIPTION.  (a) A physician, optometrist, or therapeutic 
optometrist may exclude categories of contact lenses from a contact 
lens prescription if the exclusion is clinically indicated.
	(b)  Notwithstanding Section 353.156, a physician, 
optometrist, or therapeutic optometrist may refuse to give a 
contact lens prescription to a patient if:
		(1)  the patient's ocular health presents a 
contraindication for contact lenses;
		(2)  refusal is warranted due to potential harm to the 
patient's ocular health;
		(3)  the patient has a medical condition indicating 
that:                   
			(A)  the patient's ocular health would be damaged 
if the prescription were released to the patient;  or
			(B)  further monitoring of the patient is needed;                            
		(4)  the patient has not paid for the examination and 
fitting or has not paid other financial obligations to the 
physician, optometrist, or therapeutic optometrist if the patient 
would have been required to make an immediate or similar payment if 
the examination revealed that ophthalmic goods were not required;  
or
		(5)  the request is made after the first anniversary of 
the date of the patient's last eye examination.
	(c)  If a physician, optometrist, or therapeutic optometrist 
refuses to give a patient the patient's contact lens prescription 
for a reason permitted under Subsection (b), the physician, 
optometrist, or therapeutic optometrist must:
		(1)  give the patient a verbal explanation of the 
reason for the action at the time of the action;  and
		(2)  maintain in the patient's records a written 
explanation of the reason. 
	(d)  Subsection (b) does not prohibit a physician, 
optometrist, or therapeutic optometrist from giving a patient the 
patient's contact lens prescription.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 353.158. PROHIBITED ACTION BY PHYSICIAN, OPTOMETRIST, 
OR THERAPEUTIC OPTOMETRIST.  A physician, optometrist, or 
therapeutic optometrist may not:
		(1)  charge a patient a fee in addition to or as part of 
the examination fee and fitting fee as a condition for issuing or 
verifying a contact lens prescription;  or
		(2)  condition the availability to a patient of an eye 
examination, a fitting for contact lenses, the issuance or 
verification of a contact lens prescription, or a combination of 
those services on a requirement that the patient agree to purchase 
contact lenses or other ophthalmic goods from the physician, 
optometrist, or therapeutic optometrist or from a specific 
ophthalmic dispenser.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2005, 79th Leg., ch. 101, § 2.011, eff. Sept. 1, 2005.


	§ 353.159. WAIVER OR DISCLAIMER OF LIABILITY 
PROHIBITED.  A contact lens prescription may not contain, and a 
physician, optometrist, or therapeutic optometrist may not require 
a patient to sign, a form or notice that waives or disclaims the 
liability of the physician, optometrist, or therapeutic 
optometrist for the accuracy of:
		(1)  the eye examination on which a contact lens 
prescription provided to the patient is based;  or
		(2)  a contact lens prescription provided to the 
patient.                   

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    

SUBCHAPTER E. LIABILITY AND ENFORCEMENT


	§ 353.201. LIABILITY FOR USE OF PRESCRIPTION.  A 
physician, optometrist, or therapeutic optometrist is not liable 
for a patient's subsequent use of a contact lens prescription if:
		(1)  the physician, optometrist, or therapeutic 
optometrist does not reexamine the patient;  and
		(2)  the patient's condition, age, general health, and 
susceptibility to an adverse reaction caused by or related to the 
use of contact lenses or other factors result in the patient no 
longer being a proper candidate for the contact lens prescribed.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 353.202. DISCIPLINARY ACTION.  The board may suspend or 
revoke a person's contact lens dispensing permit or place the 
permit holder on probation for a violation of this chapter.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 353.2025. EMERGENCY SUSPENSION.  (a) The department 
shall temporarily suspend the permit of a permit holder if the 
department determines from the evidence or information presented to 
it that continued practice by the permit holder would constitute a 
continuing and imminent threat to the public welfare.
	(b)  A permit may be suspended under this section without 
notice or hearing on the complaint if:
		(1)  action is taken to initiate proceedings for a 
hearing before the State Office of Administrative Hearings 
simultaneously with the temporary suspension;  and
		(2)  a hearing is held as soon as practicable under this 
chapter and Chapter 2001, Government Code.
	(c)  The State Office of Administrative Hearings shall hold a 
preliminary hearing not later than the 14th day after the date of 
the temporary suspension to determine if there is probable cause to 
believe that a continuing and imminent threat to the public welfare 
still exists.  A final hearing on the matter shall be held not later 
than the 61st day after the date of the temporary suspension.

Added by Acts 2003, 78th Leg., ch. 326, § 3, eff. Sept. 1, 2003.           


	§ 353.203. SEPARATE VIOLATIONS.  A course of conduct that 
involves more than one prescription is a separate violation for 
each prescription dispensed in violation of this chapter.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 353.204. ENFORCEMENT PROCEEDINGS.  (a) The appropriate 
regulatory agency, the attorney general, or the district or county 
attorney for the county in which an alleged violation of this 
chapter occurs shall, on receipt of a verified complaint, initiate 
an appropriate administrative or judicial proceeding to enforce 
this chapter and the rules adopted under this chapter.
	(b)  Except as otherwise provided by this section, the board 
is responsible for enforcing this chapter.
	(c)  The Texas State Board of Medical Examiners is 
responsible for enforcing this chapter with regard to a violation 
of this chapter by a physician.  A violation of this chapter by a 
physician is considered to be a violation of Subtitle B.
	(d)  The Texas Optometry Board is responsible for enforcing 
this chapter with regard to a violation of this chapter by an 
optometrist or a therapeutic optometrist.  A violation of this 
chapter by an optometrist or a therapeutic optometrist is 
considered to be a violation of Chapter 351.
	(e)  The Texas State Board of Pharmacy is responsible for 
enforcing this chapter with regard to a violation of this chapter by 
a pharmacist.  A violation of this chapter by a pharmacist is 
considered to be a violation of Subtitle J, other than Chapter 567.
	(f)  The attorney general or an attorney representing the 
state may bring an action for an injunction to prohibit a person 
from violating this chapter or a rule adopted under this chapter.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 353.205. ADMINISTRATIVE PENALTY.  The board may impose 
an administrative penalty of not more than $1,000 for a violation of 
this chapter.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 353.206. CIVIL PENALTY.  In addition to granting 
injunctive or other relief provided by law, a court may impose a 
civil penalty for a violation of this chapter or a rule adopted 
under this chapter.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 353.207. CRIMINAL PENALTY.  (a) A person commits an 
offense if the person violates this chapter.
	(b)  An offense under this section is a Class B misdemeanor.                   

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.