reglab/housing_qa huggingface dataset:
TX Occ Code § 565.052 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle J - Pharmacy and Pharmacists|Chapter 565 - Disciplinary Actions and Procedures; Reinstatement of License|Subchapter B. Disciplinary Actions and Procedures|Section 565.052. Submission to Mental or Physical Examination

Sec. 565.052.  SUBMISSION TO MENTAL OR PHYSICAL EXAMINATION.  (a)  In enforcing Section 565.001(a)(4) or (7), the board or an authorized agent of the board on probable cause, as determined by the board or agent, shall request a pharmacist, pharmacist applicant, pharmacist-intern, or pharmacist-intern applicant to submit to a mental or physical examination by a physician or other health care professional designated by the board.(b)  If the pharmacist, pharmacist applicant, pharmacist-intern, or pharmacist-intern applicant refuses to submit to the examination, the board or the executive director of the board shall issue an order requiring the pharmacist, pharmacist applicant, pharmacist-intern, or pharmacist-intern applicant to show cause why the pharmacist, pharmacist applicant, pharmacist-intern, or pharmacist-intern applicant will not submit to the examination and shall schedule a hearing before a panel of three members of the board appointed by the president of the board on the order not later than the 30th day after the date notice is served on the pharmacist, pharmacist applicant, pharmacist-intern, or pharmacist-intern applicant.  The pharmacist, pharmacist applicant, pharmacist-intern, or pharmacist-intern applicant shall be notified by either personal service or certified mail with return receipt requested.(c)  At the hearing, the pharmacist, pharmacist applicant, pharmacist-intern, or pharmacist-intern applicant and an attorney are entitled to present testimony or other evidence to show why the pharmacist, pharmacist applicant, pharmacist-intern, or pharmacist-intern applicant should not be required to submit to the examination.  The pharmacist, pharmacist applicant, pharmacist-intern, or pharmacist-intern applicant has the burden of proof to show why the pharmacist, pharmacist applicant, pharmacist-intern, or pharmacist-intern applicant should not be required to submit to the examination.(d)  After the hearing, the panel shall by order require the pharmacist, pharmacist applicant, pharmacist-intern, or pharmacist-intern applicant to submit to the examination not later than the 60th day after the date of the order or withdraw the request for examination, as applicable.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 923 (S.B. 1438), Sec. 5, eff. June 17, 2011.|
TX Occ Code § 565.053 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle J - Pharmacy and Pharmacists|Chapter 565 - Disciplinary Actions and Procedures; Reinstatement of License|Subchapter B. Disciplinary Actions and Procedures|Section 565.053. Discipline of Nonresident Pharmacy; Notice to Resident State

Sec. 565.053.  DISCIPLINE OF NONRESIDENT PHARMACY; NOTICE TO RESIDENT STATE.  The board shall give notice of a disciplinary action by the board against a license holder located in another state to the regulatory or licensing agency of the state in which the pharmacy is located.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 1345 (S.B. 410), Sec. 28, eff. September 1, 2005.Acts 2013, 83rd Leg., R.S., Ch. 608 (S.B. 1100), Sec. 8, eff. September 1, 2013.|
TX Occ Code § 565.054 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle J - Pharmacy and Pharmacists|Chapter 565 - Disciplinary Actions and Procedures; Reinstatement of License|Subchapter B. Disciplinary Actions and Procedures|Section 565.054. Service of Process on Nonresident Pharmacy

Sec. 565.054.  SERVICE OF PROCESS ON NONRESIDENT PHARMACY.  (a)  Service of process on a nonresident pharmacy under Section 565.058 or 566.051 or for disciplinary action taken by the board under Section 565.061 shall be on the owner and pharmacist-in-charge of the pharmacy, as designated on the pharmacy's license application.(b)  The complaining party shall mail by certified mail, return receipt requested and postage prepaid, a copy of the process served to the license holder at the address of the license holder designated on the license application.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 608 (S.B. 1100), Sec. 9, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 608 (S.B. 1100), Sec. 10, eff. September 1, 2013.|
TX Occ Code § 565.055 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle J - Pharmacy and Pharmacists|Chapter 565 - Disciplinary Actions and Procedures; Reinstatement of License|Subchapter B. Disciplinary Actions and Procedures|Section 565.055. Investigation; Confidentiality of Information

Sec. 565.055.  INVESTIGATION;  CONFIDENTIALITY OF INFORMATION.  (a)  The board or the board's authorized representative may investigate and gather evidence concerning any alleged violation of this subtitle or a board rule.(b)  Information or material compiled by the board in connection with an investigation, including an investigative file of the board, is confidential and not subject to:(1)  disclosure under Chapter 552, Government Code;  or(2)  any means of legal compulsion for release, including disclosure, discovery, or subpoena, to anyone other than the board or a board employee or board agent involved in discipline of a license holder.(c)  Notwithstanding Subsection (b), information or material compiled by the board in connection with an investigation may be disclosed:(1)  during any proceeding conducted by the State Office of Administrative Hearings, to the board, or a panel of the board, or in a subsequent trial or appeal of a board action or order;(2)  to a person providing a service to the board, including an expert witness, investigator, or employee of an entity that contracts with the board, related to a disciplinary proceeding against an applicant or license holder, or a subsequent trial or appeal, if the information is necessary for preparation for, or a presentation in, the proceeding;(3)  to an entity in another jurisdiction that:(A)  licenses or disciplines pharmacists or pharmacies; or(B)  registers or disciplines pharmacy technicians or pharmacy technician trainees;(4)  to a pharmaceutical or pharmacy peer review committee as described under Chapter 564;(5)  to a law enforcement agency;(6)  to a person engaged in bona fide research, if all information identifying a specific individual has been deleted; or(7)  to an entity that administers a board-approved pharmacy technician certification examination.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.311(a), eff. Sept. 1, 2001.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 923 (S.B. 1438), Sec. 6, eff. June 17, 2011.Acts 2013, 83rd Leg., R.S., Ch. 583 (S.B. 869), Sec. 16, eff. June 14, 2013.|
TX Occ Code § 565.0551 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle J - Pharmacy and Pharmacists|Chapter 565 - Disciplinary Actions and Procedures; Reinstatement of License|Subchapter B. Disciplinary Actions and Procedures|Section 565.0551. Surety Bond

Sec. 565.0551.  SURETY BOND.  (a)  The executive director of the board may require a license holder to submit a surety bond to the board in an amount as prescribed by board rule, not to exceed $25,000.(b)  The board may use a pharmacy's surety bond to secure the payment of a fine, fee, or penalty imposed on the pharmacy or costs incurred by the board in conducting an investigation of the pharmacy only under Section 565.002(a)(7) or (10) if the pharmacy fails to pay the fine, fee, penalty, or cost as prescribed by board rule.|Added by Acts 2019, 86th Leg., R.S., Ch. 895 (H.B. 3496), Sec. 4, eff. January 1, 2020.|
TX Occ Code § 565.056 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle J - Pharmacy and Pharmacists|Chapter 565 - Disciplinary Actions and Procedures; Reinstatement of License|Subchapter B. Disciplinary Actions and Procedures|Section 565.056. Informal Proceedings

Sec. 565.056.  INFORMAL PROCEEDINGS.  (a)  The board by rule shall adopt a procedure governing:(1)  informal disposition of a contested case under Chapter 2001, Government Code;  and(2)  an informal proceeding held in compliance with Chapter 2001, Government Code.(b)  A rule adopted under this section must:(1)  provide the complainant, if applicable and permitted by law, and the license holder an opportunity to be heard;(2)  require the presence of an attorney to advise the board or a board employee; and(3)  if an informal meeting will be held, require notice of the time and place of the informal meeting to be given to the license holder not later than the 45th day before the date the informal meeting is held.(c)  The attorney must be a member of the board's legal staff, if the board has a legal staff.  If the board does not have a legal staff, the attorney must be an employee of the office of the attorney general.(d)  The notice required by Subsection (b)(3) must be accompanied by a written statement of the nature of the allegations against the license holder and the information the board intends to use at the informal meeting.  If the board does not provide the statement or information when the notice is provided, the license holder may use that failure as grounds for rescheduling the informal meeting.  The license holder must provide to the board the license holder's rebuttal not later than the 15th day before the date of the meeting in order for that information to be considered at the meeting.(e)  On request by a license holder under review, the board shall make a recording of the informal meeting.  The recording is a part of the investigative file and may not be released to a third party unless authorized under this subtitle.  The board may charge the license holder a fee to cover the cost of recording the meeting.  The board shall provide a copy of the recording to the license holder on the license holder's request.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 522 (S.B. 404), Sec. 3, eff. September 1, 2013.|
TX Occ Code § 565.057 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle J - Pharmacy and Pharmacists|Chapter 565 - Disciplinary Actions and Procedures; Reinstatement of License|Subchapter B. Disciplinary Actions and Procedures|Section 565.057. Monitoring of License Holder

Sec. 565.057.  MONITORING OF LICENSE HOLDER.  (a)  The board shall develop a policy and procedure for monitoring a license holder's compliance with this subtitle.(b)  A policy or procedure adopted under this section must include a procedure to:(1)  monitor for compliance a license holder who is ordered by the board to perform a certain act;  and(2)  identify and monitor a license holder who represents a risk to the public.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 565.058 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle J - Pharmacy and Pharmacists|Chapter 565 - Disciplinary Actions and Procedures; Reinstatement of License|Subchapter B. Disciplinary Actions and Procedures|Section 565.058. Subpoena Authority

Sec. 565.058.  SUBPOENA AUTHORITY.  (a)  The board or an officer of the board may:(1)  issue subpoenas ad testificandum or subpoenas duces tecum to compel the attendance of witnesses or the production of items, including books, records, or documents;(2)  administer oaths;  and(3)  take testimony concerning matters in the board's or officer's jurisdiction.(b)  A person designated in the subpoena may serve the subpoena.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 565.059 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle J - Pharmacy and Pharmacists|Chapter 565 - Disciplinary Actions and Procedures; Reinstatement of License|Subchapter B. Disciplinary Actions and Procedures|Section 565.059. Temporary Suspension or Restriction of License

Sec. 565.059.  TEMPORARY SUSPENSION OR RESTRICTION OF LICENSE.  (a)  The president of the board shall appoint a three-member disciplinary panel consisting of board members to determine whether a license under this subtitle should be temporarily suspended or restricted.  If a majority of the disciplinary panel determines from evidence or information presented to the panel that the holder of a license by continuation in the practice of pharmacy or in the operation of a pharmacy would constitute a continuing threat to the public welfare, the panel shall temporarily suspend or restrict the license as provided by Subsection (b).(b)  The disciplinary panel may temporarily suspend or restrict the license:(1)  after a hearing conducted by the panel after the 10th day after the date notice of the hearing is provided to the license holder; or(2)  without notice or hearing if, at the time the suspension or restriction is ordered, a hearing before the panel is scheduled to be held not later than the 14th day after the date of the temporary suspension or restriction to determine whether the suspension or restriction should be continued.(c)  Not later than the 90th day after the date of the temporary suspension or restriction, the board shall initiate a disciplinary action against the license holder, and a contested case hearing shall be held by the State Office of Administrative Hearings.  If the State Office of Administrative Hearings does not hold the hearing in the time required by this subsection, the suspended or restricted license is automatically reinstated.(d)  Notwithstanding Chapter 551, Government Code, the disciplinary panel may hold a meeting by telephone conference call if immediate action is required and convening of the panel at one location is inconvenient for any member of the disciplinary panel.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 1345 (S.B. 410), Sec. 29, eff. September 1, 2005.Acts 2011, 82nd Leg., R.S., Ch. 923 (S.B. 1438), Sec. 7, eff. June 17, 2011.Acts 2011, 82nd Leg., R.S., Ch. 923 (S.B. 1438), Sec. 8, eff. June 17, 2011.|
TX Occ Code § 565.0591 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle J - Pharmacy and Pharmacists|Chapter 565 - Disciplinary Actions and Procedures; Reinstatement of License|Subchapter B. Disciplinary Actions and Procedures|Section 565.0591. Revocation of Pharmacy License for Failure to Operate

Sec. 565.0591.  REVOCATION OF PHARMACY LICENSE FOR FAILURE TO OPERATE.  (a)  On discovery by the board that a pharmacy licensed under Chapter 560 has ceased to operate for a period of 30 days or longer, the board shall notify the pharmacy that the license will be revoked.(b)  The notice must:(1)  include a statement that the pharmacy license is being revoked for violation of Section 565.002(a)(7); and(2)  inform the license holder of the license holder's right to a hearing to contest the revocation.(c)  Not later than the 20th day after the date the license holder receives the notice of revocation under this section, the license holder may submit a written request for a hearing to contest the revocation.(d)  If the license holder does not request a hearing within the period prescribed by Subsection (c), the board shall:(1)  enter an order revoking the license; and(2)  notify the license holder of the order.(e)  If the license holder requests a hearing within the period prescribed by Subsection (c), a panel of three board members appointed by the president of the board shall conduct the hearing. At the hearing the panel shall determine whether the license holder has violated Section 565.002(a)(7).(f)  If the panel determines that the license holder committed the violation, the board shall promptly:(1)  enter an order revoking the license; and(2)  notify the license holder of the order.(g)  Chapter 2001, Government Code, does not apply to a determination under Subsection (e).|Added by Acts 2019, 86th Leg., R.S., Ch. 895 (H.B. 3496), Sec. 4, eff. January 1, 2020.Added by Acts 2019, 86th Leg., R.S., Ch. 965 (S.B. 683), Sec. 6, eff. September 1, 2019.|
TX Occ Code § 565.060 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle J - Pharmacy and Pharmacists|Chapter 565 - Disciplinary Actions and Procedures; Reinstatement of License|Subchapter B. Disciplinary Actions and Procedures|Section 565.060. Remedial Plan

Sec. 565.060.  REMEDIAL PLAN.  (a)  The board may issue and establish the terms of a remedial plan to resolve the investigation of a complaint relating to this subtitle.(b)  A remedial plan may not be imposed to resolve a complaint:(1)  concerning:(A)  a death;(B)  a hospitalization;(C)  the commission of a felony; or(D)  any other matter designated by board rule; or(2)  in which the appropriate resolution may involve a restriction on the manner in which a license holder practices pharmacy.(c)  The board may not issue a remedial plan to resolve a complaint against a license holder if the license holder has entered into a remedial plan with the board in the preceding 24 months for the resolution of a different complaint relating to this subtitle.(d)  If a license holder complies with and successfully completes the terms of a remedial plan, the board shall remove all records of the remedial plan from the board's records at the end of the state fiscal year in which the fifth anniversary of the date the board issued the terms of the remedial plan occurs.(e)  The board may assess a fee against a license holder participating in a remedial plan in an amount necessary to recover the costs of administering the plan.(f)  The board shall adopt rules necessary to implement this section.|Added by Acts 2013, 83rd Leg., R.S., Ch. 522 (S.B. 404), Sec. 4, eff. September 1, 2013.Amended by: Acts 2015, 84th Leg., R.S., Ch. 599 (S.B. 460), Sec. 12, eff. September 1, 2015.|
TX Occ Code § 565.061 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle J - Pharmacy and Pharmacists|Chapter 565 - Disciplinary Actions and Procedures; Reinstatement of License|Subchapter B. Disciplinary Actions and Procedures|Section 565.061. Administrative Procedure

Sec. 565.061.  ADMINISTRATIVE PROCEDURE.  (a)  Except as provided by Chapter 564, a disciplinary action taken by the board on the basis of a ground for discipline under Subchapter A is governed by Chapter 2001, Government Code, and the rules of practice and procedure before the board.(b)  A final decision of the board under this chapter is subject to judicial review under Chapter 2001, Government Code.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 599 (S.B. 460), Sec. 13, eff. September 1, 2015.|
TX Occ Code § 565.062 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle J - Pharmacy and Pharmacists|Chapter 565 - Disciplinary Actions and Procedures; Reinstatement of License|Subchapter B. Disciplinary Actions and Procedures|Section 565.062. Burden of Proof

Sec. 565.062.  BURDEN OF PROOF.  (a)  In a proceeding under this subtitle, including a trial or hearing, the state is not required to negate an exemption or exception set forth by this subtitle in a pleading, including in a complaint, information, or indictment.(b)  The burden of going forward with the evidence with respect to an exemption or exception is on the person claiming the benefit of the exemption or exception.(c)  In the absence of proof that a person is the authorized holder of an appropriate license issued under this subtitle, the person is presumed not to be the holder of the license.  The presumption is subject to rebuttal by a person charged with an offense under this subtitle.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 565.063 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle J - Pharmacy and Pharmacists|Chapter 565 - Disciplinary Actions and Procedures; Reinstatement of License|Subchapter B. Disciplinary Actions and Procedures|Section 565.063. Liability

Sec. 565.063.  LIABILITY.  This subtitle does not impose liability on an authorized board employee or person acting under the supervision of a board employee, or on a state, county, or municipal officer, engaged in the lawful enforcement of this subtitle.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 565.064 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle J - Pharmacy and Pharmacists|Chapter 565 - Disciplinary Actions and Procedures; Reinstatement of License|Subchapter B. Disciplinary Actions and Procedures|Section 565.064. Construction

Sec. 565.064.  CONSTRUCTION.  This subtitle does not bar a criminal prosecution for a violation of this subtitle if the violation is a criminal offense under another law of this state or a law of the United States.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 565.101 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle J - Pharmacy and Pharmacists|Chapter 565 - Disciplinary Actions and Procedures; Reinstatement of License|Subchapter C. Petition for Reinstatement or Removal of Restriction|Section 565.101. Petition for Reinstatement or Removal of Restriction

Sec. 565.101.  PETITION FOR REINSTATEMENT OR REMOVAL OF RESTRICTION.  (a)  A person whose pharmacy license, license to practice pharmacy, pharmacy technician registration, or pharmacy technician trainee registration in this state has been revoked or restricted under this subtitle, whether voluntarily or by board action, may, after the first anniversary of the effective date of the revocation or restriction, petition the board for reinstatement or removal of the restriction of the license or registration.(b)  The petition must be in writing and in the form prescribed by the board.(c)  A person petitioning for reinstatement or removal of a restriction has the burden of proof.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.312(a), eff. Sept. 1, 2001.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 583 (S.B. 869), Sec. 17, eff. June 14, 2013.|
TX Occ Code § 565.102 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle J - Pharmacy and Pharmacists|Chapter 565 - Disciplinary Actions and Procedures; Reinstatement of License|Subchapter C. Petition for Reinstatement or Removal of Restriction|Section 565.102. Action by Board

Sec. 565.102.  ACTION BY BOARD.  (a)  On investigation and review of a petition under this subchapter, the board may grant or deny the petition or may modify the board's original finding to reflect a circumstance that has changed sufficiently to warrant the modification.(b)  If the board denies the petition, the board may not consider a subsequent petition from the petitioner until the first anniversary of the date of denial of the previous petition.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.312(a), eff. Sept. 1, 2001.|
TX Occ Code § 565.103 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle J - Pharmacy and Pharmacists|Chapter 565 - Disciplinary Actions and Procedures; Reinstatement of License|Subchapter C. Petition for Reinstatement or Removal of Restriction|Section 565.103. Condition for Reinstatement or Removal of Restriction

Sec. 565.103.  CONDITION FOR REINSTATEMENT OR REMOVAL OF RESTRICTION.  The board may require a person to pass one or more examinations to reenter the practice of pharmacy.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.312(a), eff. Sept. 1, 2001.|