Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 281 - ADMINISTRATIVE PRACTICE AND PROCEDURES › Subchapter A - GENERAL PROVISIONS › Section 281.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates
					 otherwise:
(1) Act--The Texas Pharmacy
				  Act, Chapters 551 - 566, Texas Occupations Code, as amended.
(2) Administrative law judge--A judge
				  employed by the State Office of Administrative Hearings.
(3) Agency--The Texas State Board of
				  Pharmacy, and its divisions, departments, and employees.
(4) Administrative Procedure Act
				  (APA)--Government Code, Chapter 2001, as amended.
(5) Board--The Texas State Board of
				  Pharmacy.
(6) Confidential address
				  of record--The home address required to be provided by each individual, who is
				  a licensee, registrant, or pharmacy owner and where service of legal notice
				  will be sent. The address is confidential, as set forth in § 555.001(d) of
				  the Act, and not subject to disclosure under the Public Information
				  Act.
(7) Contested case--A
				  proceeding, including but not restricted to licensing, in which the legal
				  rights, duties, or privileges of a party are to be determined by the board
				  after an opportunity for adjudicative hearing.
(8) Diversion of controlled substances--An
				  act or acts which result in the distribution of controlled substances from
				  legitimate pharmaceutical or medical channels in violation of the Controlled
				  Substances Act or rules promulgated pursuant to the Controlled Substances Act
				  or rules relating to controlled substances promulgated pursuant to this
				  Act.
(9) Diversion of dangerous
				  drugs--An act or acts which result in the distribution of dangerous drugs from
				  legitimate pharmaceutical or medical channels in violation of the Dangerous
				  Drug Act or rules promulgated pursuant to the Dangerous Drug Act or rules
				  relating to dangerous drugs promulgated pursuant to this Act.
(10) Executive director/secretary--The
				  secretary of the board and executive director of the agency.
(11) License--The whole or part of any agency
				  permit, certificate, approval, registration, or similar form of permission
				  required by law.
(12) Licensee--Any
				  individual or person to whom the agency has issued any permit, certificate,
				  approved registration, or similar form of permission authorized by
				  law.
(13) Licensing--The agency
				  process relating to the granting, denial, renewal, revocation, suspension,
				  annulment, withdrawal, or amendment of a license.
(14) Official act--Any act performed by the
				  board pursuant to a duty, right, or responsibility imposed or granted by law,
				  rule, or regulation.
(15)
				  Person--An individual, corporation, government or governmental subdivision or
				  agency, business trust, estate, trust, partnership, association, or any other
				  legal entity.
(16) President--The
				  president of the Texas State Board of Pharmacy.
(17) Presiding Officer--The president of the
				  Texas State Board of Pharmacy or, in the president's absence, the highest
				  ranking officer present at a board meeting.
(18) Publicly available address of
				  record--The alternate address required to be provided by each licensee,
				  registrant, or pharmacy owner, which will be released to the public, as set
				  forth in § 555.001(d) of the Act, and is subject to disclosure under the
				  Public Information Act.
(A) The alternate
				  address must be a business address or other alternate address, such as the home
				  address of the individual's relative, where mail can be received on a regular
				  basis.
(B) A pharmacy must provide
				  the physical address of the pharmacy to be used for this purpose.