Title HS, Health and Safety Code

Sec. 466.022. LIMITATION ON PRESCRIPTION, ORDER, OR ADMINISTRATION OF NARCOTIC DRUG. A physician may not prescribe, order, or administer a narcotic drug for the purpose of treating drug dependency unless the physician prescribes, orders, or administers an approved narcotic drug f…

Sec. 466.023. APPLICATION FOR PERMIT; FEES. (a) The department shall issue a permit to an applicant who qualifies under rules and standards adopted by the executive commissioner. (b) A permit issued under this section is valid until suspended or revoked by the department or surre…

Sec. 466.024. PERMIT LIMITATIONS. (a) The department may issue a permit to: (1) a person constituting a legal entity organized and operating under the laws of this state; or (2) a physician. (b) The department may issue a permit to a person other than a physician only if the pers…

Sec. 466.025. INSPECTION. (a) The department may enter the facility of a person who is an applicant for a permit or who is a permit holder during any hours in which the facility is in operation for the purpose of inspecting the facility to determine: (1) if the person meets the s…

Sec. 466.026. MULTIPLE ENROLLMENT PREVENTION. The department shall work with representatives from permitted narcotic treatment programs in this state to develop recommendations for a plan to prevent the simultaneous multiple enrollment of persons in narcotic treatment programs. T…

Sec. 466.027. DENIAL, SUSPENSION, OR REVOCATION OF PERMIT. (a) After notice to an applicant or a permit holder and after the opportunity for a hearing, the department may: (1) deny an application of the person if the person fails to comply with this chapter or the rules establish…

Sec. 466.041. EMERGENCY ORDERS. (a) The department may issue an emergency order, either mandatory or prohibitory in nature, in relation to the operation of a permitted facility or the treatment of patients by the facility staff, in the department's jurisdiction. The order may be …

Sec. 466.042. INJUNCTION. (a) The department may request the attorney general or a district, county, or municipal attorney to petition the district court for a temporary restraining order to restrain: (1) a continuing violation of this chapter, a rule adopted under this chapter, …

Sec. 466.043. ADMINISTRATIVE PENALTY. If a person violates this chapter, a rule adopted under this chapter, or an order or permit issued under this chapter, the department may assess an administrative penalty against the person as provided by Chapter 431 (Texas Food, Drug, and Co…

Sec. 466.044. CRIMINAL PENALTY. (a) A person commits an offense if the person operates a narcotic drug treatment program without a permit issued by the department. (b) An offense under this section is a Class A misdemeanor. Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. …

Sec. 466.045. CIVIL PENALTY. (a) If it appears that a person has violated this chapter, a rule adopted under this chapter, or an order or permit issued under this chapter, the department may request the attorney general or the district, county, or municipal attorney of the munici…

Sec. 467.001. DEFINITIONS. In this chapter: (1) "Approved peer assistance program" means a program that is designed to help an impaired professional and that is: (A) established by a licensing or disciplinary authority; or (B) approved by a licensing or disciplinary authority as …

Sec. 467.002. OTHER PEER ASSISTANCE PROGRAMS. This chapter does not apply to a peer assistance program for licensed physicians or pharmacists or for any other profession that is authorized under other law to establish a peer assistance program. Acts 1989, 71st Leg., ch. 678, Sec.…

Sec. 467.003. PROGRAMS. (a) A professional association or licensing or disciplinary authority may establish a peer assistance program to identify and assist impaired professionals in accordance with the minimum criteria established by the executive commissioner and any additional…

Sec. 467.0035. PROVISION OF SERVICES TO STUDENTS. (a) An approved peer assistance program may provide services to impaired students. A program that elects to provide services to impaired students is not required to provide the same services to those students that it provides to i…

Sec. 467.004. FUNDING. (a) Except as provided by Section 467.0041(b) of this code and Section 504.058, Occupations Code, a licensing or disciplinary authority may add a surcharge of not more than $10 to its license or license renewal fee to fund an approved peer assistance progra…

Sec. 467.0041. FUNDING FOR STATE BOARD OF DENTAL EXAMINERS. (a) Except as provided by this section, the State Board of Dental Examiners is subject to Section 467.004. (b) The board may add a surcharge of not more than $10 to its license or license renewal fee to fund an approved …

Sec. 467.005. REPORTS. (a) A person who knows or suspects that a professional is impaired by chemical dependency on alcohol or drugs or by mental illness may report the professional's name and any relevant information to an approved peer assistance program. (b) A person who is re…

Sec. 467.006. ASSISTANCE TO IMPAIRED PROFESSIONALS. (a) A licensing or disciplinary authority that receives an initial complaint concerning an impaired professional may: (1) refer the professional to an approved peer assistance program; or (2) require the professional to particip…

Sec. 467.007. CONFIDENTIALITY. (a) Any information, report, or record that an approved peer assistance program or a licensing or disciplinary authority receives, gathers, or maintains under this chapter is confidential. Except as prescribed by Subsection (b) or by Section 467.005…

Sec. 467.0075. CONSENT TO DISCLOSURE. An impaired professional who is reported to a peer assistance program by a third party shall, as a condition of participation in the program, give consent to the program that at a minimum authorizes the program to disclose the impaired profes…

Sec. 467.008. CIVIL IMMUNITY. (a) A person who in good faith reports information or takes action in connection with a peer assistance program is immune from civil liability for reporting the information or taking the action. (b) The civil immunity provided by this section shall b…

Sec. 468.051. PROGRAMS DESIGNED TO HELP STUDENTS. In administering human services programs as required by Section 1001.073, the Department of State Health Services shall: (1) administer, coordinate, and contract for the delivery of programs designed to prevent the use of methamph…

Sec. 468.052. EDUCATION REGARDING ANHYDROUS AMMONIA. (a) In cooperation with other state agencies, the Office of the Texas State Chemist of the Texas Agricultural Experiment Station shall distribute materials used to educate distributors, farmers, retail dealers, cooperatives, an…

Sec. 469.001. DEFINITIONS. In this chapter: (1) "Accrediting organization" means a nonprofit organization the commission approves under Section 469.002 that develops and administers recovery housing accreditation programs. (2) "Commission" means the Health and Human Services Comm…

Sec. 469.002. VOLUNTARY ACCREDITATION OF RECOVERY HOUSING. (a) The commission shall adopt minimum standards for accreditation as a recovery house that are consistent with the quality standards established by the National Alliance for Recovery Residences and the Oxford House Incor…

Sec. 469.003. PLACES INELIGIBLE FOR ACCREDITATION AS RECOVERY HOUSE. The following places are ineligible for accreditation as a recovery house: (1) a home and community support services agency licensed under Chapter 142; (2) a nursing facility licensed under Chapter 242; (3) a co…

Sec. 469.004. REQUIRED DESIGNATION OF RECOVERY HOUSE RESPONSIBLE PARTY BY CERTAIN RECOVERY HOUSES. (a) This section does not apply to a recovery house accredited by Oxford House Incorporated. (b) The standards the commission adopts must require at least one individual to be desig…

Sec. 469.005. ANNUAL REPORT. The commission shall prepare an annual report that includes information on: (1) the total number of accredited recovery houses; (2) the number of recovery houses accredited during the preceding year; (3) any issues concerning the accreditation or reac…

Sec. 469.006. SOLICITING. A recovery house responsible party designated under Section 469.004 or a recovery house's employee or agent may not offer to pay or agree to accept, directly or indirectly, overtly or covertly, remuneration in cash or in kind to or from another for secur…

Sec. 469.007. CERTAIN ADVERTISING PROHIBITED. (a) A recovery house may not advertise or otherwise communicate that the recovery house is accredited by an accrediting organization unless the recovery house is accredited by an accrediting organization in accordance with this chapte…

Sec. 469.008. ENFORCEMENT. If an accredited recovery house violates this chapter, the accrediting organization that issued the accreditation to the recovery house may suspend the accreditation for a period not to exceed six months while the accrediting organization conducts an au…

Sec. 469.009. FUNDING. A recovery house that is not accredited by an accrediting organization in accordance with this chapter is ineligible for and may not receive state money. Added by Acts 2023, 88th Leg., R.S., Ch. 1113 (H.B. 299), Sec. 1, eff. September 1, 2025.

Sec. 481.001. SHORT TITLE. This chapter may be cited as the Texas Controlled Substances Act. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 481.002. DEFINITIONS. In this chapter: (1) "Administer" means to directly apply a controlled substance by injection, inhalation, ingestion, or other means to the body of a patient or research subject by: (A) a practitioner or an agent of the practitioner in the presence of t…

Sec. 481.003. RULES. (a) The director may adopt rules to administer and enforce this chapter, other than Sections 481.074, 481.075, 481.0755, 481.0756, 481.076, 481.0761, 481.0762, 481.0763, 481.07635, 481.07636, 481.0764, 481.0765, 481.0766, 481.0767, 481.0768, and 481.0769. The…

Sec. 481.031. NOMENCLATURE. Controlled substances listed in Schedules I through V and Penalty Groups 1 through 4 are included by whatever official, common, usual, chemical, or trade name they may be designated. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by…

Sec. 481.032. SCHEDULES. (a) The commissioner shall establish and modify the following schedules of controlled substances under this subchapter: Schedule I, Schedule II, Schedule III, Schedule IV, and Schedule V. (b) A reference to a schedule in this chapter means the most curren…

Sec. 481.033. EXCLUSION FROM SCHEDULES AND APPLICATION OF ACT. (a) A nonnarcotic substance is excluded from Schedules I through V if the substance may lawfully be sold over the counter without a prescription, under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 e…

Sec. 481.034. ESTABLISHMENT AND MODIFICATION OF SCHEDULES BY COMMISSIONER. (a) The commissioner shall annually establish the schedules of controlled substances. These annual schedules shall include the complete list of all controlled substances from the previous schedules and mod…

Sec. 481.035. FINDINGS. (a) The commissioner shall place a substance in Schedule I if the commissioner finds that the substance: (1) has a high potential for abuse; and (2) has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment…

Sec. 481.0355. EMERGENCY SCHEDULING; LEGISLATIVE REPORT. (a) Except as otherwise provided by Subsection (b) and subject to Subsection (c), the commissioner may emergency schedule a substance as a controlled substance if the commissioner determines the action is necessary to avoid…

Sec. 481.036. PUBLICATION OF SCHEDULES. (a) The commissioner shall publish the schedules by filing a certified copy of the schedules with the secretary of state for publication in the Texas Register not later than the fifth working day after the date the commissioner takes action…

Sec. 481.037. CARISOPRODOL. Schedule IV includes carisoprodol. Added by Acts 2009, 81st Leg., R.S., Ch. 774 (S.B. 904), Sec. 4, eff. June 19, 2009. SUBCHAPTER C. REGULATION OF MANUFACTURE, DISTRIBUTION, AND DISPENSATION OF CONTROLLED SUBSTANCES, CHEMICAL PRECURSORS, AND CHEMICAL …

Sec. 481.061. FEDERAL REGISTRATION REQUIRED. (a) Except as otherwise provided by this chapter, a person who is not registered with or exempt from registration with the Federal Drug Enforcement Administration may not manufacture, distribute, prescribe, possess, analyze, or dispens…

Sec. 481.062. EXEMPTIONS. (a) The following persons may possess a controlled substance under this chapter without registering with the Federal Drug Enforcement Administration: (1) an agent or employee of a manufacturer, distributor, analyzer, or dispenser of the controlled substa…