Sec. 431.4031. EXEMPTION FROM CERTAIN PROVISIONS FOR CERTAIN WHOLESALE DISTRIBUTORS. (a) A wholesale distributor that distributes prescription drugs that are medical gases or a wholesale distributor that is a manufacturer or a third-party logistics provider on behalf of a manufacturer is exempt from Sections 431.404(a)(5) and (6), (b), and (c), 431.4045(2), 431.405, and 431.407.
(b) A state agency or a political subdivision of this state that distributes prescription drugs using federal or state funding to nonprofit health care facilities or local mental health or mental retardation authorities for distribution to a pharmacy, practitioner, or patient is exempt from Sections 431.405(b), 431.407, 431.412, and 431.413.
(c) The executive commissioner by rule may exempt specific purchases of prescription drugs by state agencies and political subdivisions of this state if the executive commissioner determines that the requirements of this subchapter would result in a substantial cost to the state or a political subdivision of the state.
Added by Acts 2005, 79th Leg., Ch. 282 (H.B. 164), Sec. 3(g), eff. March 1, 2006.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 980 (S.B. 943), Sec. 4, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1384 (S.B. 1645), Sec. 4, eff. June 19, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1006, eff. April 2, 2015.
Acts 2021, 87th Leg., R.S., Ch. 865 (S.B. 970), Sec. 9, eff. September 1, 2021.
Structure Texas Statutes
Title 6 - Food, Drugs, Alcohol, and Hazardous Substances
Subtitle A - Food and Drug Health Regulations
Chapter 431 - Texas Food, Drug, and Cosmetic Act
Subchapter N. Wholesale Distributors of Prescription Drugs
Section 431.4011. Ongoing Relationship
Section 431.4012. Applicability of Subchapter
Section 431.402. License Required
Section 431.403. Exemption From Licensing
Section 431.4031. Exemption From Certain Provisions for Certain Wholesale Distributors
Section 431.404. License Application
Section 431.4045. Inspection Required
Section 431.405. Qualifications for License
Section 431.406. Effect of Operation in Other Jurisdictions; Reports
Section 431.407. Criminal History Record Information
Section 431.4095. Renewal Notification; Change or Renewal
Section 431.410. Change of Location of Place of Business
Section 431.411. Minimum Restrictions on Transactions
Section 431.412. Pedigree Required
Section 431.413. Pedigree Contents
Section 431.414. Refusal to License; Suspension or Revocation of License