Sec. 551.004. APPLICABILITY OF SUBTITLE. (a) This subtitle does not apply to: (1) a practitioner licensed by the appropriate state board who supplies a patient of the practitioner with a drug in a manner authorized by state or federal law and who does not operate a pharmacy for the retailing of prescription drugs; (2) a member of the faculty of a college of pharmacy recognized by the board who is a pharmacist and who performs the pharmacist's services only for the benefit of the college; (3) a person who procures prescription drugs for lawful research, teaching, or testing and not for resale; (4) a home and community support services agency that possesses a dangerous drug as authorized by Section 142.0061 , 142.0062 , or 142.0063 , Health and Safety Code; or (5) a dispensing organization, as defined by Section 487.001 , Health and Safety Code, that cultivates, processes, and dispenses low-THC cannabis, as authorized by Chapter 487 , Health and Safety Code, to a patient listed in the compassionate-use registry established under that chapter. (b) This subtitle does not prevent a practitioner from administering a drug to a patient of the practitioner. (c) This subtitle does not prevent the sale by a person, other than a pharmacist, firm, joint stock company, partnership, or corporation, of: (1) a nonprescription drug that is harmless if used according to instructions on a printed label on the drug's container and that does not contain a narcotic; (2) an insecticide, a fungicide, or a chemical used in the arts if the insecticide, fungicide, or chemical is properly labeled; or (3) an insecticide or fungicide that is mixed or compounded only for an agricultural purpose. (d) A wholesaler or manufacturer may distribute a prescription drug as provided by state or federal law. (e) This subtitle does not prevent a physician or therapeutic optometrist from dispensing and charging for therapeutic contact lenses. This subsection does not authorize a therapeutic optometrist to prescribe, administer, or dispense a drug that is otherwise outside the therapeutic optometrist's scope of practice.
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