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
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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.
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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.
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