Ord. 0185 11-26-6911-7-69 #19,010
AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES
OF THE CITY OF HOUSTON, TEXAS, BY ADDING THERETO A NEW SECTION
DESIGNATED AS SECTION 19-9, REGULATING THE SALE OF PHARMACEUTICAL
PREPARATIONS CONTAINING CERTAIN AMOUNTS OF CODEINE; CONTAINING
DEFINITIONS; PRESCRIBING A PENALTY; PROVIDING A SAVING CLAUSE;
AND DECLARING AN EMERGENCY.
WHEREAS, the City Council of the City of Houston has been
made aware of a substantial increase in the use of certain
pharmaceutical preparations for the purpose of obtaining results
not associated with the medical treatment intended by such
pharmaceutical preparations; and
WHEREAS, this alarming increase of sales, acquisition and
use of certain pharmaceutical preparations by means of prescription,
or without prescription, has in many instances exceeded the intent
and authorization of the prescriptions, or the purpose of the
preparation, and such sales, acquisitions and use of said
preparations have, in many instances, not been made in good
faith; and
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WHEREAS, the City Council has determined that there is
an urgent need to protect the health, safety and welfare of
the citizens of the City of Houston by regulating the sale
and acquisition of such pharmaceutical preparations; NOW,
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HOUSTON:
Section 1. That Chapter 19 of the Code of Ordinances of
the City of Houston be amended by adding thereto a new section,
designated as Section 19-9, which shall read as follows:
"Section 19-9. SALE OF CERTAIN PHARMACEUTICAL PREPARATIONS.
(a) It shall be unlawful for any apothecary, or
any other person, to sell and dispense any pharmaceutical
preparation which contains up to 64.8 mgs. (1 gr.)
codeine, or any of its salts, per 29.5729 cc
(1 fl. oz.) or per 28.3 Gms. (1 ay. oz.), without
a written prescription, or an oral prescription of
a physician, dentist, or veterinarian, stating the
name and address of the patient for whom, or of the
owner of the animal for which the drug is dispensed
and the full name, address, and registry number of
the person prescribing, if he is required by law to
be so registered. The person filling the prescription
shall write the date of the filling and his own
signature on the face of the prescription. The
prescription shall be retained on file by the proprietor
of the pharmacy in which it is filled for a period of
two years, so as to be readily accessible for inspection
by any public official or employee engaged in the
enforcement of this section.
(b) It shall be unlawful for any apothecary, or
any other person, to refill any prescription for the
pharmaceutical preparation stated hereinabove when
such prescription has already been refilled two times.
(c) "Apothecary" means a licensed pharmacist as
defined by the laws of the State of Texas, and, where
the context herein so requires, the owner of a store
or other place of business where narcotic drugs are
compounded or dispensed by a licensed pharmacist.
(d) The term "person" includes an apothecary,
individual, partnership, corporation, association,
and other groups of persons.
Section 2. PENALTY.
"Any person who shall violate any provision of
this ordinance shall be guilty of a misdemeanor
and upon conviction thereof shall be subject to a
fine not to exceed TWO HUNDRED DOLLARS, and each
offense shall be deemed to be a separate violation
and punishable as a separate offense."
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Section 3. If a portion or provision of this ordinance be
held invalid or unconstitutional, the validity of the remaining
provisions shall not be affected thereby and for this purpose
the City Council of the City of Houston declares this Ordinance
to be severable.
Section 4. There exists a public emergency requiring that
this ordinance be passed finally on the date of its introduction
and the Mayor having in writing declared the existence of such
emergency and requested such passage, this ordinance shall be
passed finally on the date of its introduction, this 26th day
of November A. D., 1969, and shall take effect immediately
upon its passage and approval by the Mayor.
PASSED this 26th day of November A. D., 1969
APPROVED this 26 day of November A. D., 1969
11-7-69
#19,010
/s/ Lee McLemore
Mayor of the City of Houston