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define chemically dependent

Posted: Tue May 26, 2009 1:15 am
by ralphbjj70
i used to take zoloft and adderall but stopped will this be considered chemically dependent in DPS eyes?

Re: define chemically dependent

Posted: Tue May 26, 2009 1:22 am
by boomerang
IANAL but I doubt it assuming you were taking the drugs as prescribed.
§ 411.171. DEFINITIONS. In this subchapter:
(2) "Chemically dependent person" means a person who frequently or repeatedly becomes intoxicated by excessive indulgence in alcohol or uses controlled substances or dangerous drugs so as to acquire a fixed habit and an involuntary tendency to become intoxicated or use those substances as often as the opportunity is presented.

Re: define chemically dependent

Posted: Tue May 26, 2009 1:40 am
by txfireguy2003
I wouldn't think so. Since you say USED to take, that would indicate to me that you do not take those meds any longer, so you are not currently dependant upon them. Additionally, if you suffered no ill effects upon stopping the meds, then you were never chemically dependant. BTW, how would they even know, medical records are protected by the HIPPA law, so they cannot be released. That statement, however, comes with all the usual disclaimers...IANAL etc.

Re: define chemically dependent

Posted: Tue May 26, 2009 2:30 am
by Frost
txfireguy2003 wrote:medical records are protected by the HIPPA law
Remember all those notarized forms you had to submit?

I have read the provisions of Chapter 411, Texas Government Code and 37 Texas Administrative Code 6.15(6)(C) and hereby authorized the release of information and records to the Texas Department of Public Safety for the purpose of a background investigation to determine my eligibility to carry a concealed handgun or to instruct classes on concealed handguns. These documents may include, but are not limited to:

1. Medical records within 5 years preceding the date of application pertaining to chemical dependence or
ability to exercise sound judgment with respect to the proper use and storage of a handgun;


But ya, i wouldn't worry about prescribed zoloft and adderall.

Re: define chemically dependent

Posted: Tue May 26, 2009 6:40 am
by seamusTX
The law defines the term:
GC §411.171. DEFINITIONS. In this subchapter:
(2) "Chemically dependent person" means a person who frequently or repeatedly becomes intoxicated by excessive indulgence in alcohol or uses controlled substances or dangerous drugs so as to acquire a fixed habit and an involuntary tendency to become intoxicated or use those substances as often as the opportunity is presented.
This is the common definition of addict.

I am not a lawyer or physician, but I think taking prescription drugs and then stopping permanently means a person is not chemically dependent.

These antidepressants and drugs like Adderall and Ritalin must be used by 10% of the population at one time or another. I have never heard of normal use of them being a problem for getting a CHL.

- Jim

Re: define chemically dependent

Posted: Tue May 26, 2009 10:49 pm
by txfireguy2003
Frost wrote:
txfireguy2003 wrote:medical records are protected by the HIPPA law
Remember all those notarized forms you had to submit?

I have read the provisions of Chapter 411, Texas Government Code and 37 Texas Administrative Code 6.15(6)(C) and hereby authorized the release of information and records to the Texas Department of Public Safety for the purpose of a background investigation to determine my eligibility to carry a concealed handgun or to instruct classes on concealed handguns. These documents may include, but are not limited to:

1. Medical records within 5 years preceding the date of application pertaining to chemical dependence or
ability to exercise sound judgment with respect to the proper use and storage of a handgun;


But ya, i wouldn't worry about prescribed zoloft and adderall.
Okay, ya got me, been a long time since I got my CHL, due for a renewal infact. Still, I think the OP will be fine.

Re: define chemically dependent

Posted: Wed May 27, 2009 1:38 am
by nedmoore
You are fine.