Texas Code § 483.046

FAILURE TO RETAIN PRESCRIPTION
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Sec. 483.046. FAILURE TO RETAIN PRESCRIPTION. (a) A pharmacist commits an offense if the pharmacist:
(1) delivers a dangerous drug under a prescription; and
(2) fails to retain the prescription as required by Section 483.023 .
(b) An offense under this section is a Class B misdemeanor unless it is shown on the trial of the defendant that the defendant has previously been convicted of an offense under this chapter, in which event the offense is a Class A misdemeanor.

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