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HomeMy WebLinkAboutORD 71-25ORDINANCE NO-. — o AN ORDINANCE AMENDING CHAPTER 23 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT, TEXAS, BY ADDING THERETO A NEW SECTION DESIGNATED AS SECTION 23-44, 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 Beaumont has been made aware of a substantial increase in the use of certain pharma- ceutical 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 pre- paration, and such sales, acquisitions and use of said preparations have, in many instances, not been made in good faith; and, 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 Beaumont by regulating the sale and acquisition of such pharmaceutical preparations; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: Section 1. That Chapter 23 of the Code of Ordinances of the City of Beaumont be amended by adding thereto a new section designated as Section 23-44 which shall read as follows: 11Section 23-44. Sale of certain pharmaceutical preparations. (a) It shall be unlawful for any apothecary, or any other person, to sell, deliver, dispense, offer for sale, bargain, barter or give away any O- 7/- as d-aS--7l 1 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 pre- scription. 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) It shall likewise be unlawful for any person to purchase or receive such pharmaceutical preparations as described hereinabove without such hereinabove described prescription. (d) 11Apothecary" means a licensed pharmacist as de- fined 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. (e) The term P1person" includes an apothecary, individual, partnership, corporation, association, and other groups of , persons . 01 Section 2. That any person who violates any provision of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided in Section 1-8 of the Code of Ordinances. 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 Beaumont declares this ordinance to be severable. -2- Section 4. This ordinance shall take effect immediately from and after its final publication in accordance with the provisions of the Charter of the City of Beaumont and it is accordingly so ordered. / PASSED by the City Council this =j day of , 1971. -3- 7" U - Mayor -