Sec. 486.0146. PRIVACY PROTECTIONS. (a) The privacy protections provided an individual under 21 C.F.R. Section 1314.45 apply to information entered or stored in a real-time electronic logging system.
(b) A business establishment that engages in over-the-counter sales of a product containing ephedrine, pseudoephedrine, or norpseudoephedrine may disclose information entered or stored in a real-time electronic logging system only to the United States Drug Enforcement Administration and other federal, state, and local law enforcement agencies.
(c) A business establishment that engages in over-the-counter sales of a product containing ephedrine, pseudoephedrine, or norpseudoephedrine may not use information entered or stored in a real-time electronic logging system for any purpose other than for a disclosure authorized by Subsection (b) or to comply with the requirements of this chapter.
(d) Notwithstanding Subsection (c), a business establishment that engages in over-the-counter sales of a product containing ephedrine, pseudoephedrine, or norpseudoephedrine or an employee or agent of the business establishment is not civilly liable for the release of information entered or stored in a real-time electronic logging system unless the release constitutes negligence, recklessness, or wilful misconduct.
Added by Acts 2011, 82nd Leg., R.S., Ch. 742 (H.B. 1137), Sec. 3, eff. September 1, 2011.
Structure Texas Statutes
Title 6 - Food, Drugs, Alcohol, and Hazardous Substances
Subtitle C - Substance Abuse Regulation and Crimes
Chapter 486 - Over-the-Counter Sales of Ephedrine, Pseudoephedrine, and Norpseudoephedrine
Subchapter B. Over-the-Counter Sales
Section 486.011. Sales by Pharmacies
Section 486.013. Restriction of Access to Ephedrine, Pseudoephedrine, and Norpseudoephedrine
Section 486.014. Prerequisites to and Restrictions on Sale
Section 486.0141. Transmission of Sales Information to Real-Time Electronic Logging System
Section 486.0142. Temporary Exemption
Section 486.0143. Written Log or Other Electronic Recordkeeping
Section 486.0144. Online Portal
Section 486.0145. Limitation on Civil Liability