Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 281 - ADMINISTRATIVE PRACTICE AND PROCEDURES › Subchapter C - DISCIPLINARY GUIDELINES › Section 281.64 - Sanctions for Criminal Offenses

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  guidelines for disciplinary sanctions apply to criminal convictions and to
				  deferred adjudication community supervisions or deferred dispositions, as
				  authorized by the Act, for all types of licensees and registrants including
				  applicants for such licenses and registrations issued by the board. The board
				  considers criminal behavior to be highly relevant to an individual's fitness to
				  engage in pharmacy practice and has determined that the sanctions imposed by
				  these guidelines promote the intent of §551.002 of the Act. The "date of
				  disposition," when referring to the number of years used to calculate the
				  application of disciplinary sanctions, refers to the date a conviction, a
				  deferred adjudication, or a deferred disposition is entered by the court. The
				  use of the term "currently on probation" is construed to refer to individuals
				  currently serving community supervision or any other type of probationary term
				  imposed by an order of a court for a conviction, deferred adjudication, or
				  deferred disposition.
(b) The
				  sanctions imposed by the guidelines can be used in conjunction with other types
				  of disciplinary actions, including administrative penalties, as outlined in
				  this section.
(c) The board has
				  determined that the nature and seriousness of certain crimes outweigh other
				  factors to be considered in §
										281.63(g)
				  of this title (relating to Considerations for Criminal Offenses) and
				  necessitate the disciplinary action listed in paragraphs (1) - (3) of this
				  subsection. In regard to the crimes enumerated in this rule, the board has
				  weighed the factors, which are required to be considered from §
										281.63(g)
				  of this title, in a light most favorable to the individual, and even if these
				  factors were present, the board has concluded that the following sanctions
				  apply to individuals with the criminal offenses as described in paragraphs (1)
				  - (3) of this subsection:
(1) Criminal
				  offenses which require the individual to register with the Department of Public
				  Safety as a sex offender under Chapter 62, Code of Criminal Procedure--denial
				  or revocation;
(2) Felony offenses:
(A) Drug-related offenses, such as those
				  listed in Chapter 481 or 483, Health and Safety Code:
(i) Offenses involving manufacture, delivery,
				  possession with intent to deliver, or illegal dispensing:
(I) Currently on probation--denial or
				  revocation;
(II) 0-5 years since
				  date of disposition--denial or revocation;
(III) 6-10 years since date of
				  disposition--denial or revocation;
(IV) 11-20 years since date of disposition--5
				  years probation;
(V) Over 20 years
				  since date of disposition--3 years probation;
(ii) Offenses involving possession of drugs,
				  fraudulent prescriptions, theft of drugs, or alcohol:
(I) If the offense involved only the personal
				  use of the drugs or alcohol and/or chemical impairment:
(-a-) Currently on probation--90-day to one-year suspension
					 followed by 5 years probation;
(-b-) 0-5 years since date of disposition--5 years
					 probation;
(-c-) 6-10 years since date of disposition--3 years
					 probation;
(-d-) 11-20 years since date of disposition--1 year
					 probation; or
(II)
				  Otherwise:
(-a-) Currently on probation--denial or revocation;
(-b-) 0-5 years since date of disposition--denial or
					 one-year suspension followed by 5 years probation;
(-c-) 6-10 years since date of disposition--180-day
					 suspension followed by 5 years probation;
(-d-) 11-20 years since date of disposition--3 years
					 probation;
(-e-) Over 20 years since date of disposition--1 year
					 probation;
(B) Offenses involving sexual contact or
				  violent acts, or offenses considered to be felonies of the first degree under
				  the Texas Penal Code:
(i) Currently on
				  probation--denial or revocation;
(ii) 0-5 years since date of
				  disposition--denial or revocation;
(iii) 6-10 years since date of
				  disposition--denial or revocation;
(iv) 11-20 years since date of disposition--5
				  years probation;
(v) Over 20 years
				  since date of disposition--1 year probation;
(C) Other felony offenses:
(i) Currently on probation--denial,
				  revocation, or 30- to 180-day suspension followed by 5 years
				  probation;
(ii) 0-5 years since
				  date of disposition--5 years probation;
(iii) 6-10 years since date of disposition--3
				  years probation;
(iv) 11-20 years
				  since date of disposition--1 year probation;
(3) Misdemeanor offenses:
(A) Drug-related offenses, such as those
				  listed in Chapter 481 or 483, Health and Safety Code:
(i) Offenses involving manufacture, delivery,
				  or possession with intent to deliver:
(I)
				  Currently on probation--denial or revocation;
(II) 0-10 years since date of
				  disposition--30- to 180-day suspension followed by 5 years probation;
(III) 11-20 years since date of
				  disposition--1 year probation;
(ii) Offenses involving possession of drugs,
				  fraudulent prescriptions, or theft of drugs:
(I) Pharmacists:
(-a-) 0-5 years since date of disposition--5 years
					 probation;
(-b-) 6-10 years since date of disposition--3 years
					 probation;
(II) Pharmacy
				  Technicians and Pharmacy Technician Trainees:
(-a-) 0-5 years since date of disposition and offense
					 determined to be in violation of §
															568.003(a)(5)
					 or (9) of the Act--5 years probation;
(-b-) 0-5 years since date of disposition and determined
					 not to be in violation of §
															568.003(a)(5)
					 or (9) of the Act--1 year probation;
(-c-) 6-10 years since date of disposition and offense
					 determined to be in violation of §
															568.003(a)(5)
					 or (9) of the Act--3 years probation;
(III) If 0-5 years since date of disposition,
				  and the offense did not involve only personal use of the drugs and/or chemical
				  impairment, an additional 30- to 90-day suspension will be imposed preceding
				  the probation for the offenses in this clause;
(B) Intoxication and alcoholic beverage
				  offenses as defined in the Texas Penal Code, if two such offenses involving
				  intoxication due to ingestion of alcohol occurred in the previous five years or
				  if one such offense involving intoxication due to ingestion of controlled
				  substances or dangerous drugs occurred in the previous five years:
(i) Pharmacists: 0-5 years since date of
				  disposition and offense determined to be in violation of §
													565.001(a)(4)
				  or (7) of the Act--5 years probation;
(ii) Pharmacy Technicians and Pharmacy
				  Technician Trainees: 0-5 years since date of disposition and offense determined
				  to be in violation of §
													568.003(a)(5)
				  or (9) of the Act--5 years probation;
(C) Other misdemeanor offenses involving
				  moral turpitude: 0-5 years since date of disposition--reprimand.