Texas § HS.486.001 - DEFINITIONS

§ HS.486.001. DEFINITIONS

DEFINITIONS. (a) In this chapter: (1) "Commissioner" means the commissioner of state health services. (2) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(95), eff. April 2, 2015. (3) "Department" means the Department of State Health Services. (4) "Ephedrine," "pseudoephedrine," and "norpseudoephedrine" mean any compound, mixture, or preparation containing any detectable amount of that substance, including its salts, optical isomers, and salts of optical isomers. The term does not include any compound, mixture, or preparation that is in liquid, liquid capsule, or liquid gel capsule form. (4-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. (5) "Sale" includes a conveyance, exchange, barter, or trade. (6) "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. (b) A term that is used in this chapter but is not defined by Subsection (a) has the meaning assigned by Section 481.002 . Added by Acts 2005, 79th Leg., Ch. 282 (H.B. 164 ), Sec. 9, eff. August 1, 2005. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 742 (H.B. 1137 ), Sec. 1, eff. September 1, 2011. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219 ), Sec. 3.1250, eff. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219 ), Sec. 3.1639(95), eff. April 2, 2015.