Sec. 431.2021. EXEMPTION FROM LICENSING  


Latest version.
  • 28, Sec. 6

    (a) A person who engages in wholesale distribution of prescription drugs in this state for use in humans is exempt from this subchapter if the person is exempt under:

    (1) the Prescription Drug Marketing Act of 1987, as amended (21 U.S.C. Section 353(c)(3)(B));

    (2) the regulations adopted by the secretary to administer and enforce that Act;

    (3) the interpretations of that Act set out in the compliance policy manual of the United States Food and Drug Administration; or

    (4) Section 562.154, Occupations Code.

    (b) An exemption from the licensing requirements under this section does not constitute an exemption from the other provisions of this Act or the rules adopted by the board to administer and enforce this Act.

Text of subsection as amended by Acts 2005, 79th Leg., R.S., Ch. 28 , Sec. 6 (a) A person who engages in wholesale distribution of prescription drugs in this state for use in humans is exempt from this subchapter if the person is exempt under: (1) the Prescription Drug Marketing Act of 1987, as amended (21 U.S.C. Section 353(c)(3)(B)); (2) the regulations adopted by the secretary to administer and enforce that Act; (3) the interpretations of that Act set out in the compliance policy manual of the United States Food and Drug Administration; or (4) Section 562.154, Occupations Code. (b) An exemption from the licensing requirements under this section does not constitute an exemption from the other provisions of this Act or the rules adopted by the board to administer and enforce this Act. Added by Acts 1991, 72nd Leg., ch. 539, Sec. 6, eff. Sept. 1, 1991. Amended by Acts 1993, 73rd Leg., ch. 375, Sec. 1, eff. June 2, 1993. Amended by: Acts 2005, 79th Leg., Ch. 28 , Sec. 6, eff. September 1, 2005. Acts 2005, 79th Leg., Ch. 282 , Sec. 3(k), eff. September 1, 2005.