HomeMy WebLinkAboutOrdinance - 5771-1969 - Amending Art. 1, Of Chpt. 19 Govern Sale Of Pharmaceutical; Contianing Codeine - 10/09/1969'-
ORDINANCE NO. 5771
AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 19 OF THE CODE
OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS~ BY ADDING THERETO
A NEW SECTTON 19-19 GOVERNING THE SALE OF PHARMACEUTICAL
PREPARATIONS CONTAINING CERTAIN ' AMOUNTS OF CODEINE; PROVIDING
A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROvtDfNG FOR PUBLICA-
TION AND DECLARING AN EMERGENCY.
WHEREAS, the City Council has noted with concern, the increased use of
certain pharmaceutical preparations to obtain results not associated with the
medical treatment intended by such pharmaceutical preparation; and
WHEREAS, it has become increasingly evident· that repeated acquisition
of certain pharmaceutical preparations by means of prescription, or without
prescription, has in many instances exceeded the intent and authorization of the
prescription, or the purpose of the preparation, and such acquisitions have, in
many instances, not been made in good faith, and, further, hav.e been made for
the purpose of evading the provisions of laws of the State of Texas; and,
WHEREAS, the City Council has determined an urgent need to protect the
ealty, safety and welfare of the citizens of the City of Lubbock by preventing such
activity and such need requires immediate attention and creates an emergency;
OW THEREFORE:
E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Article I of Chapter 19 of the Code of Ordinances of the
City of Lubbock BE and is hereby amended by adding thereto a new section 19-19
hich shall read as follows:
. ~
"Section 19-19. Sale of Certain Pharmaceutical Preparations
(a) It shall be unlawful for any apothecary to sell and dispense
any pharmaceutical prepar.ation 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 av. oz.), without a written
prescription, or an oral prescription in pursuance to regu-
lations promulgated by the U. S. Commissioner of Narcotics
under Federal narcotic laws, 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
under the Federal narcotics laws of the person prescribing,
if he is required by those laws 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
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engaged in the enforcement of this section.
(b) It shall be unlawful for any apothecary to refill any prescription
for the pharmaceutical preparation stated hereinabove when sue
prescription has already been refilled two times.
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.
If it is shown on the trial of any person charged with violating any provision
of this ordinance that the defendant has been once before convicted of the same
offense, he shall on a second convict ion be fined not less than FIFTY DOLLARS
and not to exceed TWO HUNDRED DOLLARS, and upon a third or any subsequent
conviction for the same offense be fined not less than ONE HUNDRED DOLLARS
and not to exceed TWO HUNDRED DOLLARS.
SECTION 3. Should any section, paragraph, sentence, clause, phrase or
word of this Ordinance be declared unconstitutional or invalid for any reason, the
remainder of this Ordinance shall not be affected thereby.
SECTION 4. THAT the City Secretary is hereby authorized to cause publi-
cation of the descriptive caption and penalty of this ordinance as an alternative
ethod provided by law.
SECTION 5. The fact that immediate regard for the health, safety and
elfare of the citizens of Lubbock necessitates the passing of this Ordinance as an
mergency measure for reasons set forth in the preamble hereof, the rule re-
uiring that no ordinance shall be finally passed on the date of its introduction be
suspended, and this Ordinance is declared to be an emergency measure to take
ffect from and after its· passage.
AND IT IS SO ORDERED.
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