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 230.16 - Real-Time Electronic Logging System

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Before completing an over-the-counter sale of a product containing ephedrine,
				  pseudoephedrine, or norpseudoephedrine, a business establishment that engages
				  in those sales shall transmit the information in the record made under §
										230.15(a)(2)
				  of this title (relating to Records) to a real-time electronic logging
				  system.
(b) Except as provided by
				  subsection (c) of this section, a business establishment may not complete an
				  over-the-counter sale of a product containing ephedrine, pseudoephedrine, or
				  norpseudoephedrine if the real-time electronic logging system returns a report
				  that the completion of the sale would result in the person obtaining an amount
				  of ephedrine, pseudoephedrine, norpseudoephedrine, or a combination of those
				  substances greater than the amount described by §
										230.15(b)
				  of this title, regardless of whether all or some of the products previously
				  obtained by the buyer were sold at the establishment or another business
				  establishment.
(c) An employee of a
				  business establishment may complete a sale prohibited by subsection (b) of this
				  section by using the override mechanism described by §
										230.11(b)(7)(F)
				  of this title (relating to General Provisions) only if the employee has a
				  reasonable fear of imminent bodily injury or death from the person attempting
				  to obtain ephedrine, pseudoephedrine, or norpseudoephedrine.
(d) On request of the Department of Public
				  Safety, the administrators of a real-time electronic logging system shall make
				  available to the Department of Public Safety a copy of each record of an
				  over-the-counter sale of a product containing ephedrine, pseudoephedrine, or
				  norpseudoephedrine that is submitted by a business establishment located in
				  this state.
(e) On application by a
				  business establishment that engages in over-the-counter sales of products
				  containing ephedrine, pseudoephedrine, or norpseudoephedrine in accordance with
				  this subchapter, the department may grant that business establishment a
				  temporary exemption, not to exceed 180 days, from the requirement of using a
				  real-time electronic logging system under this subchapter.
(f) A business establishment granted a
				  temporary exemption under this section must keep records of sales in the same
				  manner required under subsection (h) of this section for a business
				  establishment that experiences a mechanical or electronic failure of the
				  real-time electronic logging system.
(g) An exemption granted under this section
				  does not relieve a business establishment of any duty under this subchapter
				  other than the duty to use a real-time electronic logging system.
(h) If a business establishment that engages
				  in over-the-counter sales of a product containing ephedrine, pseudoephedrine,
				  or norpseudoephedrine experiences a mechanical or electronic failure of the
				  real-time electronic logging system, the business shall:
(1) maintain a written record or an
				  electronic record made by any means that satisfies the requirements of §
											230.15(a)(2)
				  of this title; and
(2) enter the
				  information in the real-time electronic logging system as soon as practicable
				  after the system becomes operational.