reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 565 - Disciplinary Actions and Procedures; Reinstatement of License › Subchapter A. Grounds for Discipline of Applicant or License Holder › Section 565.003. Additional Grounds for Discipline Regarding Applicant for or Holder of Nonresident Pharmacy License

Text of section as amended by Acts 2019, 86th Leg., R.S., Ch. 1105 (H.B. 2174), Sec. 15
For text of section as amended by Acts 2019, 86th Leg., R.S., Ch. 1166 (H.B. 3284), Sec. 9, see other Sec. 565.003.
Sec. 565.003.  ADDITIONAL GROUNDS FOR DISCIPLINE REGARDING APPLICANT FOR OR HOLDER OF NONRESIDENT PHARMACY LICENSE.  Unless compliance would violate the pharmacy or drug statutes or rules in the state in which the pharmacy is located, the board may discipline an applicant for or the holder of a nonresident pharmacy license if the board finds that the applicant or license holder has failed to comply with:
(1)  Section 481.074, 481.075, 481.0755, 481.0756, 481.076, 481.0761, 481.0762, 481.0763, 481.07635, 481.07636, 481.0764, 481.0765, or 481.0766, Health and Safety Code;
(2)  Texas substitution requirements regarding:
(A)  the practitioner's directions concerning generic substitution;
(B)  the patient's right to refuse generic substitution; or
(C)  notification to the patient of the patient's right to refuse substitution;
(3)  any board rule relating to providing drug information to the patient or the patient's agent in written form or by telephone; or
(4)  any board rule adopted under Section 554.051(a) and determined by the board to be applicable under Section 554.051(b).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1345 (S.B. 410), Sec. 45, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 608 (S.B. 1100), Sec. 7, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1105 (H.B. 2174), Sec. 15, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 565 - Disciplinary Actions and Procedures; Reinstatement of License › Subchapter A. Grounds for Discipline of Applicant or License Holder › Section 565.003. Additional Grounds for Discipline Regarding Applicant for or Holder of Nonresident Pharmacy License

Text of section as amended by Acts 2019, 86th Leg., R.S., Ch. 1166 (H.B. 3284), Sec. 9
For text of section as amended by Acts 2019, 86th Leg., R.S., Ch. 1105 (H.B. 2174), Sec. 15, see other Sec. 565.003.
Sec. 565.003.  ADDITIONAL GROUNDS FOR DISCIPLINE REGARDING APPLICANT FOR OR HOLDER OF NONRESIDENT PHARMACY LICENSE.  Unless compliance would violate the pharmacy or drug statutes or rules in the state in which the pharmacy is located, the board may discipline an applicant for or the holder of a nonresident pharmacy license if the board finds that the applicant or license holder has failed to comply with:
(1)  Subchapter C, Chapter 481, Health and Safety Code;
(2)  Texas substitution requirements regarding:
(A)  the practitioner's directions concerning generic substitution;
(B)  the patient's right to refuse generic substitution; or
(C)  notification to the patient of the patient's right to refuse substitution;
(3)  any board rule relating to providing drug information to the patient or the patient's agent in written form or by telephone; or
(4)  any board rule adopted under Section 554.051(a) and determined by the board to be applicable under Section 554.051(b).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1345 (S.B. 410), Sec. 45, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 608 (S.B. 1100), Sec. 7, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1166 (H.B. 3284), Sec. 9, eff. September 1, 2019.
2023 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 565.051. Discipline Authorized

Sec. 565.051.  DISCIPLINE AUTHORIZED.  On a determination that a ground for discipline exists under Subchapter A, or that a violation of this subtitle or a rule adopted under this subtitle has been committed by a license holder or applicant for a license or renewal of a license, the board may:
(1)  suspend the person's license;
(2)  revoke the person's license;
(3)  restrict the person's license to prohibit the person from performing certain acts or from practicing pharmacy or operating a pharmacy in a particular manner for a term and under conditions determined by the board;
(4)  impose an administrative penalty under Chapter 566;
(5)  refuse to issue or renew the person's license;
(6)  place the offender's license on probation and supervision by the board for a period determined by the board and impose a requirement that the license holder:
(A)  report regularly to the board on matters that are the basis of the probation;
(B)  limit practice to the areas prescribed by the board;
(C)  continue or review professional education until the license holder attains a degree of skill satisfactory to the board in each area that is the basis of the probation; or
(D)  pay the board a probation fee to defray the costs of monitoring the license holder during the period of probation;
(7)  reprimand the person;
(8)  retire the person's license as provided by board rule; or
(9)  impose more than one of the sanctions listed in this subsection.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1345 (S.B. 410), Sec. 27, eff. September 1, 2005.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 566 - Penalties and Enforcement Provisions › Subchapter A. Administrative Penalty › Section 566.001. Imposition of Penalty

Sec. 566.001.  IMPOSITION OF PENALTY.  The board may impose an administrative penalty on:
(1)  a person licensed or regulated under this subtitle who violates this subtitle or a rule or order adopted under this subtitle; and
(2)  an applicant who fails to submit a sworn disclosure statement with an application if required by Section 560.052(b)(3).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 895 (H.B. 3496), Sec. 5, eff. January 1, 2020.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 566 - Penalties and Enforcement Provisions › Subchapter A. Administrative Penalty › Section 566.002. Amount of Penalty

Sec. 566.002.  AMOUNT OF PENALTY.  (a)  The amount of the administrative penalty may not exceed $5,000 for each violation, including a violation involving the diversion of a controlled substance.
(b)  Each day a violation continues or occurs is a separate violation for purposes of imposing the penalty.
(c)  The amount, to the extent possible, shall be based on:
(1)  the seriousness of the violation, including the nature, circumstances, extent, and gravity of any prohibited act, and the hazard or potential hazard created to the health, safety, or economic welfare of the public;
(2)  the economic harm to property or the environment caused by the violation;
(3)  the history of previous violations;
(4)  the amount necessary to deter a future violation;
(5)  efforts to correct the violation;  and
(6)  any other matter that justice may require.
(d)  The board by rule shall adopt an administrative penalty schedule for violations of this subtitle or board rules to ensure that the amounts of penalties imposed are appropriate to the violation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1345 (S.B. 410), Sec. 30, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 566 - Penalties and Enforcement Provisions › Subchapter A. Administrative Penalty › Section 566.003. Notice of Violation

Sec. 566.003.  NOTICE OF VIOLATION.  (a)  If the board by order determines that a violation occurred and imposes an administrative penalty, the board shall give notice of the board's order to the person found to have committed the violation.
(b)  The notice must include a statement of the person's right to judicial review of the order.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 566 - Penalties and Enforcement Provisions › Subchapter A. Administrative Penalty › Section 566.004. Options Following Decision: Pay or Appeal

Sec. 566.004.  OPTIONS FOLLOWING DECISION:  PAY OR APPEAL.  (a)  Not later than the 30th day after the date the board's order becomes final, the person shall:
(1)  pay the administrative penalty;
(2)  pay the penalty and file a petition for judicial review contesting the fact of the violation, the amount of the penalty, or both;  or
(3)  without paying the penalty, file a petition for judicial review contesting the fact of the violation, the amount of the penalty, or both.
(b)  Within the 30-day period, a person who acts under Subsection (a)(3) may:
(1)  stay enforcement of the penalty by:
(A)  paying the penalty to the court for placement in an escrow account;  or
(B)  giving to the court a supersedeas bond that is approved by the court and that:
(i)  is for the amount of the penalty;  and
(ii)  is effective until judicial review of the board's order is final;  or
(2)  request the court to stay enforcement of the penalty by:
(A)  filing with the court a sworn affidavit of the person stating that the person is financially unable to pay the penalty and is financially unable to give the supersedeas bond;  and
(B)  giving a copy of the affidavit to the executive director by certified mail.
(c)  If the executive director receives a copy of an affidavit under Subsection (b)(2), the executive director may file with the court a contest to the affidavit not later than the fifth day after the date the copy is received.
(d)  The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay the enforcement of the penalty on finding that the alleged facts are true.  The person who files an affidavit has the burden of proving that the person is financially unable to pay the penalty and to give a supersedeas bond.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 566 - Penalties and Enforcement Provisions › Subchapter A. Administrative Penalty › Section 566.005. Collection of Penalty

Sec. 566.005.  COLLECTION OF PENALTY.  If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the executive director may refer the matter to the attorney general for collection of the penalty.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 566 - Penalties and Enforcement Provisions › Subchapter A. Administrative Penalty › Section 566.006. Determination by Court

Sec. 566.006.  DETERMINATION BY COURT.  (a)  If the court sustains the determination that a violation occurred on appeal, the court may uphold or reduce the amount of the administrative penalty and order the person to pay the full or reduced penalty.
(b)  If the court does not sustain the determination that a violation occurred, the court shall order that a penalty is not owed.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 566 - Penalties and Enforcement Provisions › Subchapter A. Administrative Penalty › Section 566.007. Remittance of Penalty and Interest

Sec. 566.007.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If after judicial review, the administrative penalty is reduced or is not upheld by the court, the court shall, after the judgment becomes final:
(1)  order that the appropriate amount, plus accrued interest, be remitted to the person if the person paid the penalty;  or
(2)  order the release of the bond in full if the penalty is not upheld or order the release of the bond after the person pays the penalty imposed if the person gave a supersedeas bond.
(b)  The interest paid under Subsection (a)(1) is the rate charged on loans to depository institutions by the New York Federal Reserve Bank.  The interest shall be paid for the period beginning on the date the penalty is paid and ending on the date the penalty is remitted.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 566 - Penalties and Enforcement Provisions › Subchapter A. Administrative Penalty › Section 566.008. Effect of Subchapter

Sec. 566.008.  EFFECT OF SUBCHAPTER.  This subchapter does not limit the board's ability to impose an administrative penalty under a consent order entered in accordance with board rules and requirements adopted under Section 565.056.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 566 - Penalties and Enforcement Provisions › Subchapter A. Administrative Penalty › Section 566.009. Administrative Procedure

Sec. 566.009.  ADMINISTRATIVE PROCEDURE.  (a)  The board by rule shall prescribe procedures, consistent with provisions of Chapter 2001, Government Code, relating to contested cases, by which the board may impose an administrative penalty.
(b)  Chapter 2001, Government Code, applies to a proceeding under this subchapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 566 - Penalties and Enforcement Provisions › Subchapter B. Injunctive Relief › Section 566.051. Injunctive Relief

Sec. 566.051.  INJUNCTIVE RELIEF.  (a)  The attorney general at the request of the board may petition a district court for an injunction to prohibit a person who is violating this subtitle from continuing the violation.
(b)  Venue in a suit for injunctive relief is in Travis County.
(c)  After application and a finding that a person is violating this subtitle, the district court shall grant the injunctive relief the facts warrant.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1345 (S.B. 410), Sec. 31, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 566 - Penalties and Enforcement Provisions › Subchapter B. Injunctive Relief › Section 566.052. Cease and Desist Order

Sec. 566.052.  CEASE AND DESIST ORDER.  (a)  If it appears to the board that a person is engaging in an act or practice that constitutes the practice of pharmacy without a license or registration under this subtitle, the board, after notice and opportunity for a hearing, may issue a cease and desist order prohibiting the person from engaging in the activity.
(b)  A violation of an order issued under this section constitutes grounds for imposing an administrative penalty under Subchapter A.
Added by Acts 2005, 79th Leg., Ch. 1345 (S.B. 410), Sec. 32, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 566 - Penalties and Enforcement Provisions › Subchapter C. Civil Penalty › Section 566.101. Civil Penalty

Sec. 566.101.  CIVIL PENALTY.  (a)  A person who violates the license requirements of this subtitle is liable to the state for a civil penalty not to exceed $1,000 for each day the violation continues.
(b)  A person found by the board to have unlawfully engaged in the practice of pharmacy or unlawfully operated a pharmacy is subject to a civil penalty under this section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 566 - Penalties and Enforcement Provisions › Subchapter C. Civil Penalty › Section 566.102. Collection by Attorney General

Sec. 566.102.  COLLECTION BY ATTORNEY GENERAL.  At the request of the board, the attorney general shall institute an action to collect a civil penalty from a person who has violated this subtitle or any rule adopted under this subtitle.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 566 - Penalties and Enforcement Provisions › Subchapter C. Civil Penalty › Section 566.103. Collection by District, County, or City Attorney

Sec. 566.103.  COLLECTION BY DISTRICT, COUNTY, OR CITY ATTORNEY.  (a)  If the attorney general fails to take action before the 31st day after the date of referral from the board under Section 566.102, the board shall refer the case to the local district attorney, county attorney, or city attorney.
(b)  The district attorney, county attorney, or city attorney shall file suit in a district court to collect and retain the penalty.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 566 - Penalties and Enforcement Provisions › Subchapter C. Civil Penalty › Section 566.104. Venue

Sec. 566.104.  VENUE.  Venue for a suit under this subchapter is in Travis County.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 566 - Penalties and Enforcement Provisions › Subchapter D. Criminal Offenses › Section 566.151. Offenses; Criminal Penalty

Sec. 566.151.  OFFENSES;  CRIMINAL PENALTY.  (a)  A person commits an offense if the person violates this subtitle or any rule adopted under this subtitle relating to unlawfully engaging in the practice of pharmacy or unlawfully operating a pharmacy.
(b)  A person commits an offense if the person knowingly violates the licensing requirements of this subtitle or Section 558.001, 558.002, or 560.002.
(c)  A person commits an offense if the person violates Section 560.001 or 560.003.
(d)  Each day of violation under Subsection (b) or (c) is a separate offense.
(e)  An offense under this section is a Class A misdemeanor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 568 - Pharmacy Technicians and Pharmacy Technician Trainees › Section 568.001. Rules; Qualifications

Sec. 568.001.  RULES; QUALIFICATIONS.  (a)  In establishing rules under Section 554.053(c), the board shall require that:
(1)  a pharmacy technician:
(A)  have a high school diploma or a high school equivalency certificate or be working to achieve an equivalent diploma or certificate; and
(B)  have passed a board-approved pharmacy technician certification examination; and
(2)  a pharmacy technician trainee have a high school diploma or a high school equivalency certificate or be working to achieve an equivalent diploma or certificate.
(b)  The board shall adopt rules that permit a pharmacy technician and pharmacy technician trainee to perform only nonjudgmental technical duties under the direct supervision of a pharmacist.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.313(a), eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 583 (S.B. 869), Sec. 19, eff. June 14, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 568 - Pharmacy Technicians and Pharmacy Technician Trainees › Section 568.002. Registration Required

Sec. 568.002.  REGISTRATION REQUIRED.  (a)  A person must register with the board before beginning work in a pharmacy in this state as a pharmacy technician or a pharmacy technician trainee.
(b)  The board may allow a pharmacy technician to petition the board for a special exemption from the pharmacy technician certification requirement if the pharmacy technician is in a county with a population of less than 50,000.
(c)  An applicant for registration as a pharmacy technician or a pharmacy technician trainee must submit an application on a form prescribed by the board.
(d)  A person's registration as a pharmacy technician or pharmacy technician trainee remains in effect as long as the person meets the qualifications established by board rule.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.313(a), eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 583 (S.B. 869), Sec. 20, eff. June 14, 2013.
Acts 2017, 85th Leg., R.S., Ch. 485 (H.B. 2561), Sec. 18, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 568 - Pharmacy Technicians and Pharmacy Technician Trainees › Section 568.003. Grounds for Disciplinary Action

Sec. 568.003.  GROUNDS FOR DISCIPLINARY ACTION.  (a)  The board may take disciplinary action under Section 568.0035 against an applicant for or the holder of a current or expired pharmacy technician or pharmacy technician trainee registration if the board determines that the applicant or registrant has:
(1)  violated this subtitle or a rule adopted under this subtitle;
(2)  engaged in gross immorality, as that term is defined by the rules of the board;
(3)  engaged in any fraud, deceit, or misrepresentation, as those terms are defined by the rules of the board, in seeking a registration to act as a pharmacy technician or pharmacy technician trainee;
(4)  been convicted of or placed on deferred adjudication community supervision or deferred disposition or the applicable federal equivalent for:
(A)  a misdemeanor:
(i)  involving moral turpitude; or
(ii)  under Chapter 481 or 483, Health and Safety Code, or the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.); or
(B)  a felony;
(5)  developed an incapacity that prevents the applicant or registrant from practicing as a pharmacy technician or pharmacy technician trainee with reasonable skill, competence, and safety to the public;
(6)  violated:
(A)  Chapter 481 or 483, Health and Safety Code, or rules relating to those chapters;
(B)  Sections 485.031-485.034, Health and Safety Code; or
(C)  a rule adopted under Section 485.002, Health and Safety Code;
(7)  violated the pharmacy or drug laws or rules of this state, another state, or the United States;
(8)  performed duties in a pharmacy that only a pharmacist may perform, as defined by the rules of the board;
(9)  used alcohol or drugs in an intemperate manner that, in the board's opinion, could endanger a patient's life;
(10)  engaged in negligent, unreasonable, or inappropriate conduct when working in a pharmacy;
(11)  violated a disciplinary order;
(12)  been convicted or adjudicated of a criminal offense that requires registration as a sex offender under Chapter 62, Code of Criminal Procedure; or
(13)  been disciplined by a pharmacy or other health regulatory board of this state or another state for conduct substantially equivalent to conduct described by this subsection.
(b)  A certified copy of the record of a state taking action described by Subsection (a)(13) is conclusive evidence of the action taken by the state.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.313(a), eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1345 (S.B. 410), Sec. 33, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 837 (S.B. 1853), Sec. 1, eff. June 19, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 583 (S.B. 869), Sec. 21, eff. June 14, 2013.
Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 16.002, eff. September 1, 2023.