Sec. 483.046.  FAILURE TO RETAIN PRESCRIPTION.  (a)  A pharmacist commits an offense if the pharmacist:
(1)  delivers a dangerous drug under a prescription;  and
(2)  fails to retain the prescription as required by Section 483.023.
(b)  An offense under this section is a Class B misdemeanor unless it is shown on the trial of the defendant that the defendant has previously been convicted of an offense under this chapter, in which event the offense is a Class A misdemeanor.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.