Opinion No.

Office of the Attorney General — State of Texas John Cornyn Charles E. Bell, M.D. Executive Deputy Commissioner Texas Department of Health 1100 West 49th Street Austin, Texas 78756-3199

Re: Whether, in accordance with section 439.022 of the Health and Safety Code, the Texas Board of Health must adopt rules providing for a nursing home to recycle certain prescription drugs that are scheduled to be destroyed (RQ-0371-JC)

Dear Dr. Bell:

Under section 439.021 of the Health and Safety Code, a nursing home's "consulting pharmacist . . . may select, from a supply of drugs due" to be destroyed, certain…