reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 281 - ADMINISTRATIVE PRACTICE AND PROCEDURES › Subchapter A - GENERAL PROVISIONS › Section 281.9 - Grounds for Discipline for a Pharmacy Technician or a Pharmacy Technician Trainee

Current through Reg. 49, No. 28; July 12, 2024
(a) Pharmacy
				  technicians and pharmacy technician trainees shall be subject to all
				  disciplinary grounds set forth in § 568.003 of the Act.
(b) For the purposes of the Act, §
				  568.003(a)(10), "negligent, unreasonable, or inappropriate conduct" shall
				  include, but not be limited to:
(1)
				  delivering or offering to deliver a prescription drug or device in violation of
				  this Act, the Controlled Substances Act, the Dangerous Drug Act, or rules
				  promulgated pursuant to these Acts;
(2) acquiring or possessing or attempting to
				  acquire or possess prescription drugs in violation of this Act, the Controlled
				  Substances Act, or Dangerous Drug Act or rules adopted pursuant to these
				  Acts;
(3) failing to perform the
				  duties of a pharmacy technician or pharmacy technician trainee in an acceptable
				  manner consistent with the public health and welfare, which contributes to a
				  prescription not being dispensed or delivered accurately;
(4) obstructing a board employee in the
				  lawful performance of his duties of enforcing the Act;
(5) violating the provisions of an agreed
				  board order or board order, including accessing prescription drugs with a
				  revoked or suspended pharmacy technician or pharmacy technician trainee
				  registration;
(6) abusive,
				  intimidating, or threatening behavior toward a board member or employee during
				  the performance of such member's or employee's lawful duties; or
(7) failing to respond and to provide all
				  requested records within the time specified in an audit of continuing education
				  records under §
											297.8
				  of this title (relating to Continuing Education
				  Requirements).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 281 - ADMINISTRATIVE PRACTICE AND PROCEDURES › Subchapter A - GENERAL PROVISIONS › Section 281.10 - Denial of a License

Current through Reg. 49, No. 28; July 12, 2024
If an applicant's original application or request for
					 renewal of a license is denied, he shall have 30 days from the date of denial
					 to make a written request for a hearing. If so requested, the hearing will be
					 granted and the provisions of APA and this chapter with regard to a contested
					 case shall apply.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 281 - ADMINISTRATIVE PRACTICE AND PROCEDURES › Subchapter A - GENERAL PROVISIONS › Section 281.11 - Criminal History Evaluation Letter

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  person, who is enrolled or planning to enroll in an educational program that
				  prepares the person for a license as a pharmacist or a registration as a
				  pharmacy technician or trainee, or planning to take an examination required for
				  such a license or registration, and who has reason to believe that he or she
				  may be ineligible due to a conviction or deferred adjudication for a felony or
				  misdemeanor offense, may request a criminal history evaluation letter regarding
				  his or her eligibility for a license or registration.
(b) The person must submit an application for
				  the criminal history evaluation letter on a form provided by the board which
				  includes:
(1) a statement indicating the
				  reasons and basis for potential ineligibility, including each criminal offense
				  for which the person was arrested, charged, convicted, or received deferred
				  adjudication;
(2) all legal
				  documents related to the reasons and basis for potential ineligibility
				  including, but not limited to, police reports, indictments, orders of deferred
				  adjudication, judgments, probation records and evidence of completion of
				  probation, if applicable;
(3) all
				  requirements necessary in order for the Board to access the criminal history
				  record information, including submitting fingerprint information and paying the
				  required fees; and
(4) a
				  non-refundable fee of $150 for processing the application.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 281 - ADMINISTRATIVE PRACTICE AND PROCEDURES › Subchapter A - GENERAL PROVISIONS › Section 281.12 - Rules Governing Cooperating Practitioners

Current through Reg. 49, No. 28; July 12, 2024
For the purposes of the Act, §
										565.063, a person
					 acting under the supervision of a Board employee engaged in the lawful
					 enforcement of the Act shall include, but not be limited to, a practitioner who
					 provides prescriptions for use in investigations of licensees when such
					 prescriptions are issued by a practitioner at the request of and under the
					 supervision of a Board investigator.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 281 - ADMINISTRATIVE PRACTICE AND PROCEDURES › Subchapter A - GENERAL PROVISIONS › Section 281.13 - Official Action by Majority

Current through Reg. 49, No. 28; July 12, 2024
Any official act or decision of the board shall be
					 concurred in by a majority of its members present at a meeting. Such act or
					 decision shall be based upon information presented to members present at
					 official meetings of the board. There shall be at least a quorum of the board
					 members present at any official meeting of the board. Private solicitation of
					 individual members in an effort to in any way influence their official actions
					 through information or arguments not simultaneously presented to other members
					 of the board is improper.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 281 - ADMINISTRATIVE PRACTICE AND PROCEDURES › Subchapter A - GENERAL PROVISIONS › Section 281.14 - Vendor Protest Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  purpose of this section is to establish procedures for resolving vendor
				  protests relating to purchasing issues.
(b) A vendor who submitted a written response
				  to a solicitation may file a protest with the executive director for actions
				  taken by the board on the following:
(1) the
				  solicitation documents or actions associated with the publication of
				  solicitation documents;
(2) the
				  evaluation or method of evaluation for a solicitation; or
(3) the award of a
				  contract.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 281 - ADMINISTRATIVE PRACTICE AND PROCEDURES › Subchapter A - GENERAL PROVISIONS › Section 281.15 - Negotiated Rulemaking

Current through Reg. 49, No. 28; July 12, 2024
(a) The board's
				  policy is to encourage the use of negotiated rulemaking for the adoption of
				  board rules in appropriate situations.
(b) The board's general counsel or the
				  designee of the general counsel shall be the board's negotiated rulemaking
				  coordinator (NRC). The NRC shall perform the following functions, as required:
(1) coordinate the implementation of the
				  policy set out in subsection (a) of this section and in accordance with the
				  Negotiated Rulemaking Act, Chapter 2008, Government Code;
(2) serve as a resource for any staff
				  training or education needed to implement negotiated rulemaking procedures; and
(3) collect data to evaluate the
				  effectiveness of negotiated rulemaking procedures implemented by the board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 281 - ADMINISTRATIVE PRACTICE AND PROCEDURES › Subchapter A - GENERAL PROVISIONS › Section 281.16 - Alternative Dispute Resolution

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  board's policy is to encourage the resolution and early settlement of internal
				  and external disputes, including contested cases, through voluntary settlement
				  processes, which may include any procedure or combination of procedures
				  described by Chapter 154, Civil Practice and Remedies Code. Any ADR procedure
				  used to resolve disputes before the board shall comply with the requirements of
				  Chapter 2009, Government Code, and any model guidelines for the use of ADR
				  issued by the State Office of Administrative Hearings.
(b) The board's general counsel or the
				  designee of the general counsel shall be the board's dispute resolution
				  coordinator (DRC). The DRC shall perform the following functions, as required:
(1) coordinate the implementation of the
				  policy set out in subsection (a) of this section;
(2) serve as a resource for any staff
				  training or education needed to implement the ADR procedures; and
(3) collect data to evaluate the
				  effectiveness of ADR procedures implemented by the board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 281 - ADMINISTRATIVE PRACTICE AND PROCEDURES › Subchapter A - GENERAL PROVISIONS › Section 281.17 - Historically Underutilized Businesses

Current through Reg. 49, No. 28; July 12, 2024
The Texas State Board of Pharmacy adopts by reference the
					 rules promulgated by the Texas Building and Procurement Commission, which are
					 set forth in Subchapter B of 1 TAC § 111.11, et al. regarding Historically
					 Underutilized Business Certification Program.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 281 - ADMINISTRATIVE PRACTICE AND PROCEDURES › Subchapter A - GENERAL PROVISIONS › Section 281.18 - Reporting Professional Liability Claims

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Reporting responsibilities.
(1) Every insurer
				  or other entity providing pharmacist's professional liability insurance,
				  pharmacy technician professional and supplemental liability insurance, or
				  druggist's professional liability insurance covering a pharmacist, pharmacy
				  technician, or pharmacy license holder in this state shall submit to the board
				  the information described in subsection (b) of this section at the time
				  prescribed.
(2) The information
				  shall be provided with respect to a notice of claim letter or complaint filed
				  against an insured in a court, if the notice or complaint seeks damages
				  relating to the insured's conduct in providing or failing to provide
				  appropriate service within the scope of pharmaceutical care or services, and
				  with respect to settlement of a claim or lawsuit made on behalf of the
				  insured.
(3) If a pharmacist,
				  pharmacy technician, or a pharmacy licensed in this state does not carry or is
				  not covered by pharmacist's professional liability insurance, pharmacy
				  technician professional and supplemental liability insurance, or druggist's
				  professional liability insurance, or if a pharmacist, pharmacy technician, or a
				  pharmacy licensed in this state is insured by a non-admitted carrier or other
				  entity providing pharmacy professional liability insurance that does not report
				  under this Act, the duty to report information under subsection (b) of this
				  section is the responsibility of the particular pharmacist, pharmacy
				  technician, or pharmacy license holder.
(4) For the purposes of this section a
				  professional liability claim or complaint shall be defined as a cause of action
				  against a pharmacist, pharmacy, or pharmacy technician for conduct in providing
				  or failing to provide appropriate service within the scope of pharmaceutical
				  care or services, which proximately results in injury to or death of the
				  patient, whether the patient's claim or cause of action sounds in tort or
				  contract, to include pharmacist's interns, pharmacy residents, supervising
				  pharmacists, on-call pharmacists, consulting pharmacists.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 281 - ADMINISTRATIVE PRACTICE AND PROCEDURES › Subchapter A - GENERAL PROVISIONS › Section 281.19 - Vehicles

Current through Reg. 49, No. 28; July 12, 2024
(a) Vehicle Inscription Information.
(1) Exemption. As specified in §554.009
				  of the Act and §
											721.003
				  of the Transportation Code, vehicles assigned to or used by the compliance or
				  investigation divisions for enforcement of pharmacy laws and rules are exempt
				  from bearing the inscription required by §
											721.002
				  of the Transportation Code. These vehicles are to be used primarily in the
				  inspection of pharmacies and the investigation of violations of state and
				  federal laws and rules relating to the practice of pharmacy. In addition, as
				  specified in §554.009 of the Act, the vehicles may be registered with the
				  Texas Department of Motor Vehicles in an alias name for investigative
				  personnel.
(2) Purpose. The purpose
				  of exempting these vehicles from the inscription requirements of §
											721.002
				  of the Transportation Code is to increase the effectiveness of agency field
				  employees in detecting and investigating violations of state and federal laws
				  relating to the practice of pharmacy, thereby allowing compliance and
				  investigative personnel to accomplish their tasks undetected, and to provide a
				  greater degree of safety for these staff and the state property being used in
				  the enforcement and a greater degree of case integrity.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 281 - ADMINISTRATIVE PRACTICE AND PROCEDURES › Subchapter B - GENERAL PROCEDURES IN A CONTESTED CASE › Section 281.20 - Application of Other Laws

Current through Reg. 49, No. 28; July 12, 2024
All disciplinary action shall be taken by the board in
					 accordance with Chapters 2001 and 2003, Government Code, the State Office of
					 Administrative Hearings Rules of Procedure, the board's rules, and any other
					 applicable law or rule.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 281 - ADMINISTRATIVE PRACTICE AND PROCEDURES › Subchapter B - GENERAL PROCEDURES IN A CONTESTED CASE › Section 281.21 - Complaints

Current through Reg. 49, No. 28; July 12, 2024
Complaints may be filed with the agency in writing or by
					 submitting a completed complaint form to the agency by mail or other method of
					 delivery or through the Internet. A complaint form shall be maintained on the
					 agency's Internet site and at the agency's office for use by a complainant. The
					 complaint form shall request information necessary for the proper processing of
					 the complaint by the agency, including, but not limited to:
(1) complainant's name, address, and phone
				  number;
(2) name, address and phone
				  number of subject of complaint, if known;
(3) date of incident;
(4) description of drug(s) involved, if any;
				  and
(5) description of incident
				  giving rise to complaint.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 281 - ADMINISTRATIVE PRACTICE AND PROCEDURES › Subchapter B - GENERAL PROCEDURES IN A CONTESTED CASE › Section 281.22 - Informal Disposition of a Contested Case

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless precluded by law, informal
				  disposition may be made of any contested case by stipulation, agreed
				  settlement, consent order, default, or dismissal.
(b) Prior to the imposition of disciplinary
				  sanction(s) against a respondent, the board shall provide the respondent with
				  written notice of the matters asserted, including:
(1) a statement of the legal authority,
				  jurisdiction, and alleged conduct under which the enforcement action is based,
				  with a reference to the particular section(s) of the statutes and rules
				  involved;
(2) information the board
				  staff intends to use at an informal conference;
(3) an offer for the respondent to attend an
				  informal conference at a specified time and place and show compliance with all
				  requirements of law, in accordance with § 2001.054(c) of the
				  Administrative Procedure Act;
(4) a
				  statement that the respondent has an opportunity for a hearing before the State
				  Office of Administrative Hearings on the allegations; and
(5) the following statement in capital
				  letters in 12 point boldface type: FAILURE TO RESPOND TO THE ALLEGATIONS, BY
				  EITHER PERSONAL APPEARANCE AT THE INFORMAL CONFERENCE OR IN WRITING, WILL
				  RESULT IN THE ALLEGATIONS BEING ADMITTED AS TRUE AND THE RECOMMENDED SANCTION
				  MADE AT THE INFORMAL CONFERENCE BEING GRANTED BY DEFAULT. The notice shall be
				  served by delivering a copy to the respondent in person, by courier receipted
				  delivery, by first class mail, or by certified or registered mail, return
				  receipt requested to the respondent's last known address of record as shown by
				  agency records.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 281 - ADMINISTRATIVE PRACTICE AND PROCEDURES › Subchapter B - GENERAL PROCEDURES IN A CONTESTED CASE › Section 281.23 - Subpoenas

Current through Reg. 49, No. 28; July 12, 2024
(a) A subpoena issued by the executive
				  director/secretary under the authority of §
										565.058 of the
				  Act is considered by the board to be a ministerial act. Such subpoena shall be
				  used to obtain information and testimony at the request of board
				  staff.
(b) If a subpoena is
				  requested by an applicant, licensee, or registrant under § 2001.089 of the
				  APA, a showing of good cause shall be made to the executive director/secretary.
				  Such a showing shall be by submission of a written request for the subpoena
				  indicating the purpose of the subpoena and indicating that the subpoena is not
				  requested in bad faith. In addition, the requesting party shall aver that the
				  subpoena:
(1) does not request information
				  that is privileged;
(2) requests
				  information relevant to the contested case;
(2) is not an undue burden; and
(3) is sufficiently specific.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 281 - ADMINISTRATIVE PRACTICE AND PROCEDURES › Subchapter B - GENERAL PROCEDURES IN A CONTESTED CASE › Section 281.30 - Pleadings and Notice in a Contested Case

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The board initiates a contested case hearing at the State Office of
				  Administrative Hearings by filing a complaint with notice of not less than 10
				  days as specified in subsection (b) of this section to the applicant, licensee,
				  or registrant.
(1) The complaint shall
				  contain the matters asserted by the board, including the alleged conduct under
				  which the enforcement action is based, and a statement of legal authority to
				  the statutes or rules allegedly violated and those establishing
				  jurisdiction.
(2) The following
				  statement in capital letters in 12 point boldface type shall be contained in
				  the complaint: FAILURE TO RESPOND TO THE ALLEGATIONS IN WRITING WILL RESULT IN
				  THE ALLEGATIONS BEING ADMITTED AS TRUE AND AN ORDER BEING ENTERED BY THE BOARD
				  BY DEFAULT.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 281 - ADMINISTRATIVE PRACTICE AND PROCEDURES › Subchapter B - GENERAL PROCEDURES IN A CONTESTED CASE › Section 281.31 - Burden of Proof

Current through Reg. 49, No. 28; July 12, 2024
(a) In a contested
				  case hearing at the State Office of Administrative Hearings involving grounds
				  for disciplinary action, the board has the burden to prove that grounds to
				  discipline respondent exist. However, the party that claims any exemption or
				  exception, including mitigating factors as specified in §
										281.62
				  of this chapter, has the burden to prove that the exemption or exception should
				  be applied.
(b) In a contested case
				  hearing at the State Office of Administrative Hearings involving a petition for
				  reinstatement or removal of restriction, the petitioner has the burden to prove
				  that the license should be reinstated or that a restriction on the license
				  should be removed in accordance with §
										281.66 of the chapter.
(c) In a show cause order hearing before a
				  panel of the board involving an applicant, licensee, or registrant who has been
				  previously ordered by the board to submit to a mental or physical examination
				  under § 565.052 or § 568.0036 of the Act, the applicant, licensee, or
				  registrant has the burden to prove that the applicant, licensee, or registrant
				  should not be required to submit to the examination.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 281 - ADMINISTRATIVE PRACTICE AND PROCEDURES › Subchapter B - GENERAL PROCEDURES IN A CONTESTED CASE › Section 281.32 - Failure to Attend Hearing and Default

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  If a party who does not have the burden of proof fails to appear at a contested
				  case hearing at the State Office of Administrative Hearings, the administrative
				  law judge may announce a default upon receiving the required showing of proof
				  to support a default, and then recess the hearing, issue an order dismissing
				  the case from the docket of the State Office of Administrative Hearings, and
				  return the file to the board for informal disposition on a default basis in
				  accordance with § 2001.056 of the Administrative Procedure Act. In the
				  alternative, the judge may issue a default proposal for decision, rather than
				  continuing or dismissing the case and requiring the board to dispose of the
				  case on a default basis as an informal disposition.
(b) If a party who does have the burden of
				  proof fails to appear at a contested case hearing at the State Office of
				  Administrative Hearings, the administrative law judge shall dismiss the case
				  for want of prosecution, any relevant application will be withdrawn, and the
				  board may not consider a subsequent petition from the party until the first
				  anniversary of the date of dismissal of the case.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 281 - ADMINISTRATIVE PRACTICE AND PROCEDURES › Subchapter B - GENERAL PROCEDURES IN A CONTESTED CASE › Section 281.33 - Proposal for Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  administrative law judge shall submit a proposal for decision to the agency,
				  and the board shall render the final decision in the contested case. The board
				  may request that the proposal for decision be presented to the board by the
				  administrative law judge at the next board meeting.
(b) If a party submitted proposed findings of
				  fact, the proposal for decision shall include a ruling on each proposed finding
				  by the administrative law judge.
(c) The parties may submit to the board for
				  consideration, prior to the final decision, an alternative proposed board order
				  with changes to the proposal for decision in compliance with the APA.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 281 - ADMINISTRATIVE PRACTICE AND PROCEDURES › Subchapter B - GENERAL PROCEDURES IN A CONTESTED CASE › Section 281.34 - Record of Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) The board shall
				  arrange for a stenographic recording of all contested case hearings before the
				  State Office of Administrative Hearings on a regular basis. The administrative
				  law judge may waive the requirement as authorized by the State Office of
				  Administrative Hearings Rules of Procedure. Any party may request a written
				  transcript of all or part of the hearing. The cost of a transcript shall be
				  paid by the requesting party.
(b) A
				  party who appeals a final decision in a hearing shall pay the cost of
				  preparation of the original or a certified copy of the record of the board
				  proceeding that is required to be sent to the reviewing court. A charge imposed
				  under this section is a court cost and may be assessed by the court in
				  accordance with the Texas Rules of Civil Procedure.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 281 - ADMINISTRATIVE PRACTICE AND PROCEDURES › Subchapter B - GENERAL PROCEDURES IN A CONTESTED CASE › Section 281.35 - Temporary Suspension or Restriction

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  In accordance with §§565.059 and 568.0037 of the Act, and
				  §2001.081 of the Administrative Procedure Act, Title 10, Chapter 2001,
				  Government Code, the determination of the disciplinary panel may be based not
				  only on evidence admissible under the Texas Rules of Evidence, but may be based
				  on information necessary to ascertain facts not reasonably susceptive of proof
				  under those rules, not precluded by statute, and of a type on which a
				  reasonably prudent person commonly relies in the conduct of the person's
				  affairs.
(b) Questioning of
				  witnesses by the parties or panel members shall be permitted in the discretion
				  of the chair of the disciplinary panel with due consideration being given to
				  the need to obtain accurate information and prevent the harassment or undue
				  embarrassment of witnesses.
(c) In
				  receiving information on which to base its determination of a continuing threat
				  to the public welfare, the disciplinary panel may accept the testimony of
				  witnesses by telephone in the discretion of the chair of the disciplinary
				  panel.
(d) Hearings before
				  disciplinary panels convened under §§565.059(b)(1) and 568.0037(b)(1)
				  of the Act are not recorded unless the respondent requests such a recording in
				  writing at least 5 days before the hearing. If requested in a timely manner,
				  the board will arrange for the presence of a court reporter to make the
				  recording. The respondent shall be responsible for the cost of the court
				  reporter, the recording, and any written transcript requested by the
				  respondent.
(e) Minutes of the
				  hearing will be made and maintained by the board. The board will provide a copy
				  of the minutes to the respondent upon request.
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 281.60 - General Guidance

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter
				  is promulgated to:
(1) promote consistency and
				  guidance in the exercise of sound discretion by the agency in licensure and
				  disciplinary matters;
(2) provide
				  notice as to the types of conduct that constitute violations of the Act and as
				  to the disciplinary action that may be imposed; and
(3) provide a framework of analysis for
				  administrative law judges in making recommendations in licensure and
				  disciplinary matters.
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 281.61 - Definitions of Discipline Authorized

Current through Reg. 49, No. 28; July 12, 2024
For the purpose of the Act, §565.051 and
					 §568.0035:
(1) "Probation" means
				  a period of supervision by the board imposed against a license or registration
				  for a term and under conditions as determined by the board, including a
				  probation fee.
(2) "Reprimand"
				  means a public and formal censure against a license or registration.
(3) "Restrict" means to limit, confine,
				  abridge, narrow, or restrain a license or registration for a term and under
				  conditions determined by the board.
(4) "Revoke" means a license or registration
				  is void and may not be reissued; provided, however, upon the expiration of 12
				  months from and after the effective date of the order revoking a license or
				  registration, the license or registration may be reinstated by the board upon
				  the successful completion of any requirements determined by the
				  board.
(5) "Suspend" means a
				  license or registration is of no further force and effect for a period of time
				  as determined by the board.
(6)
				  "Retire" means a license or registration has been withdrawn and is of no
				  further force and effect.
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 281.62 - Aggravating and Mitigating Factors

Current through Reg. 49, No. 28; July 12, 2024
The following factors may be considered in determining the
					 disciplinary sanctions imposed by the board if the factors are applicable to
					 the factual situation alleged. The factors are not applicable in situations
					 involving criminal actions (in which case §
										281.63
					 of this title (relating to Considerations for Criminal Offenses)
					 applies).
(1) Aggravation. The
				  following may be considered as aggravating factors so as to merit an increase
				  in the severity of disciplinary sanction(s) to be imposed:
(A) extent and gravity of personal, economic,
				  or public damage or harm;
(B)
				  vulnerability of the patient(s);
(C) willful or reckless conduct, or as a
				  result of a knowingly made professional omission, as opposed to negligent
				  conduct;
(D) pattern of misconduct
				  that serves as a basis of discipline;
(E) prior disciplinary action(s);
(F) attempted concealment of the conduct
				  which serves as a basis for disciplinary action under the Act; and
(G) violation of a board order.
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 281.66 - Application for Reissuance or Removal of Restrictions of a License or Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) A person whose
				  pharmacy license, pharmacy technician registration, or license or registration
				  to practice pharmacy has been canceled, revoked, or restricted, whether
				  voluntary or by action of the board, may, after 12 months from the effective
				  date of such cancellation, revocation, or restriction, apply to the board for
				  reinstatement or removal of the restriction of the license or registration.
(1) The application shall be given under oath
				  and on the form prescribed by the board.
(2) A person applying for reinstatement or
				  removal of restrictions may be required to meet all requirements necessary in
				  order for the board to access the criminal history record information,
				  including submitting fingerprint information and being responsible for all
				  associated costs.
(3) A person
				  applying for reinstatement or removal of restrictions has the burden of
				  proof.
(4) On investigation and
				  hearing, the board may in its discretion grant or deny the application or it
				  may modify its original finding to reflect any circumstances that have changed
				  sufficiently to warrant the modification.
(5) If such application is denied by the
				  board, a subsequent application may not be considered by the board until 12
				  months from the date of denial of the previous application.
(6) The board in its discretion may require a
				  person to pass an examination or examinations to reenter the practice of
				  pharmacy.
(7) The fee for
				  reinstatement of a license or registration shall be $100 which is to be paid to
				  the Texas State Board of Pharmacy and includes the processing of the
				  reinstatement application.
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 281.67 - Sanctions for Out-of-State Disciplinary Actions

Current through Reg. 49, No. 28; July 12, 2024
(a) When determining the appropriate sanction
				  for a disciplinary action taken by a regulatory board of another state under
				  §
										565.001(a)(16),
				  §
										565.002(a)(13),
				  or §
										568.003(a)(13),
				  the board has determined that the following shall be applicable for all types
				  of licensees and registrants for such licenses and registrations issued by the
				  board.
(1) If the other state's disciplinary
				  action resulted in the license or registration being restricted, suspended,
				  revoked, or surrendered, the appropriate sanction shall be the same as the
				  sanction imposed by the other state, such that the licensee or registrant has
				  the same restriction against practice in Texas.
(2) If the license or registration is subject
				  to any other type of disciplinary sanctions, the appropriate sanction shall be
				  equivalent to or less than that imposed by the other state unless contrary to
				  board policy.
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 281.68 - Remedial Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) The board may
				  issue a remedial plan by agreement with the respondent to resolve the
				  investigation of a complaint relating to the Act unless the complaint involves:
(1) a death;
(2) a hospitalization;
(3) the commission of a felony;
(4) the unlicensed practice of a licensee or
				  registrant;
(5) audit
				  shortages;
(6) diversion of
				  controlled substances;
(7)
				  impairment by chemical abuse or mental or physical illness of a licensee or
				  registrant;
(8) unauthorized
				  dispensing of a prescription drug;
(9) gross immorality as defined by the
				  board;
(10) engaging in fraud,
				  deceit, or misrepresentation as defined by board rule;
(11) disciplinary action by another
				  regulatory board of this state or another state; or
(12) any other matter determined by the
				  board.
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 281.69 - Automatic Denial or Revocation

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Notwithstanding subsection (c) of this section, as required in Texas
				  Occupations Code, §§ 108.052 and 108.053, the board shall deny an
				  application for licensure as a pharmacist by or immediately upon receiving
				  notification as specified in § 108.053(b) revoke the pharmacist license of
				  a person who:
(1) is required to register as
				  a sex offender under Chapter 62, Code of Criminal Procedure;
(2) has been previously convicted of or
				  placed on deferred adjudication community supervision for the commission of a
				  felony offense involving the use or threat of force; or
(3) has been previously convicted of or
				  placed on deferred adjudication community supervision for the commission of an
				  offense:
(A) under Penal Code, §§
												22.011,
				  22.02,
				  22.021, or
				  22.04, or an offense under
				  the laws of another state or federal law that is equivalent to an offense under
				  one of those sections;
(B)
				  committed:
(i) when the applicant held a
				  license as a health care professional in this state or another state;
(ii) in the course of providing services
				  within the scope of the applicant's license; and
(4) in which the victim of the offense was a
				  patient of the applicant.
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 281.70 - Surety Bond

Current through Reg. 49, No. 28; July 12, 2024
The Board may require a surety bond if an investigation of
					 a pharmacy involves §565.002(a)(7) or (10) of the Act.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 283 - LICENSING REQUIREMENTS FOR PHARMACISTS › Section 283.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this chapter is to provide a comprehensive,
				  coherent regulatory scheme for the licensing of individuals wishing to engage
				  in the practice of pharmacy in this state. The provisions of this chapter
				  govern in conjunction with the Texas Pharmacy Act (Chapters 551 - 566, and 568
				  - 569, Occupations Code, as amended) the method for the issuance of a
				  certificate to act as a pharmacist in Texas. This chapter also provides a
				  framework for any board-approved internship program.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 283 - LICENSING REQUIREMENTS FOR PHARMACISTS › Section 283.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
(1) ACPE--Accreditation
				Council for Pharmacy Education.
(2)
				Applicant--An individual having applied for licensure to act as a pharmacist in
				Texas.
(3) Approved continuing
				education--Continuing education which meets the requirements of §
									295.8 of this title (relating to
				Continuing Education Requirements).
(4) Board--The Texas State Board of Pharmacy;
				all members, divisions, departments, sections, and employees thereof.
(5) College/School of pharmacy--A
				college/school of pharmacy whose professional degree program has been approved
				by the board and is either accredited by:
(A)
				ACPE; or
(B) the Canadian Council
				for Accreditation of Pharmacy Programs for 1993 - 2004 graduates.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 283 - LICENSING REQUIREMENTS FOR PHARMACISTS › Section 283.3 - Educational and Age Requirements

Current through Reg. 49, No. 28; July 12, 2024
An applicant for licensure as a pharmacist shall provide
				  satisfactory evidence that the age of 18 years has been obtained and shall meet
				  one of the following requirements:
(1)
				have graduated and received a professional degree from a college of pharmacy;
				or
(2) have graduated from a
				foreign college of pharmacy and obtained full certification from the
				FPGEC.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 283 - LICENSING REQUIREMENTS FOR PHARMACISTS › Section 283.5 - Pharmacist-Intern Duties

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				pharmacist-intern participating in a board-approved internship program may
				perform any duty of a pharmacist provided the duties are delegated by and under
				the supervision of:
(1) a pharmacist licensed
				by the board and approved as a preceptor by the board; or
(2) a healthcare professional
				preceptor.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 283 - LICENSING REQUIREMENTS FOR PHARMACISTS › Section 283.6 - Preceptor Requirements and Ratio of Preceptors to Pharmacist-Interns

Current through Reg. 49, No. 28; July 12, 2024
(a) Preceptor requirements.
(1) Preceptors shall be:
(A) a pharmacist whose license to practice
				pharmacy in Texas is current and not on inactive status with the board;
				or
(B) a healthcare professional
				preceptor.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 283 - LICENSING REQUIREMENTS FOR PHARMACISTS › Section 283.7 - Examination Requirements

Current through Reg. 49, No. 28; July 12, 2024
Each applicant for licensure by examination shall pass the
				  Texas Pharmacy Jurisprudence Examination and the NAPLEX. The examination
				  requirements shall be as follows:
(1)
				Prior to taking the required examination, the applicant shall:
(A) meet the educational and age requirements
				as set forth in §
										283.3
				of this title (relating to Educational and Age Requirements);
(B) meet all requirements necessary in order
				for the Board to access the criminal history record information, including
				submitting fingerprint information and being responsible for all associated
				costs; and
(C) submit an
				application to the board that includes the following information:
(i) name;
(ii) addresses, phone numbers, date of birth,
				and social security number; and
(iii) any other information requested on the
				application.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 283 - LICENSING REQUIREMENTS FOR PHARMACISTS › Section 283.8 - Reciprocity Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) All applicants
				for licensure by reciprocity shall:
(1) meet
				the educational and age requirements specified in §
										283.3
				of this title (relating to Educational and Age Requirements);
(2) meet all requirements necessary in order
				for the board to access the criminal history record information, including
				submitting fingerprint information and being responsible for all associated
				costs;
(3) complete the Texas and
				NABP applications for reciprocity. Any fraudulent statement made in the
				application for reciprocity is grounds for denial of the application; if such
				application is granted, any fraudulent statement is grounds for suspension,
				revocation, and/or cancellation of any license so granted by the board. The
				Texas application includes the following information:
(A) name;
(B) addresses, phone numbers, dates of birth,
				and social security numbers; and
(C) any other information requested on the
				application.
(4) shall
				present to the board proof of initial licensing by examination and proof that
				their current license and any other license or licenses granted to the
				applicant by any other state have not been suspended, revoked, canceled,
				surrendered, or otherwise restricted for any reason; and
(5) shall pass the Texas Pharmacy
				Jurisprudence Examination with a minimum grade of 75. (The passing grade may be
				used for the purpose of licensure by reciprocity for a period of two years from
				the date of passing the examination.) Should the applicant fail to achieve a
				minimum grade of 75 on the Texas Pharmacy Jurisprudence Examination, such
				applicant, in order to be licensed, shall retake the Texas Pharmacy
				Jurisprudence Examination as specified in §
										283.11
				of this title (relating to Examination Retake Requirements) until such time as
				a minimum grade of 75 is achieved.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 283 - LICENSING REQUIREMENTS FOR PHARMACISTS › Section 283.9 - Fee Requirements for Licensure by Examination, Score Transfer and Reciprocity

Current through Reg. 49, No. 28; July 12, 2024
(a) The fees for
				licensure by examination, score transfer, and reciprocity shall include one
				exam administration. The fees are as follows:
(1) Examination Fee. The fee to submit an
				application for licensure by examination will include:
(A) An examination processing fee of $103,
				which is to be paid to the Texas State Board of Pharmacy and includes the
				processing of the Texas application.
(B) NAPLEX administrative and examination
				fees as determined by NABP, which are to be paid to NABP in accordance with
				NABP policy.
(C) MPJE
				administrative and examination fees as determined by NABP, which are to be paid
				to NABP in accordance with NABP policy.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 283 - LICENSING REQUIREMENTS FOR PHARMACISTS › Section 283.10 - Requirements for Application for a Pharmacist License Which Has Expired

Current through Reg. 49, No. 28; July 12, 2024
(a) Expired less than 90 days. If a person's
				license has been expired for 90 days or less, the person may renew the license
				by:
(1) paying to the board a renewal fee that
				is equal to one and one-half times the renewal fee for the license as specified
				in §
										295.5
				of this title (relating to Pharmacist License Renewal Fees); and
(2) reporting completion of the required
				number of contact hours of approved continuing education.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 283 - LICENSING REQUIREMENTS FOR PHARMACISTS › Section 283.11 - Examination Retake Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Licensing by examination. Should an applicant fail to achieve the minimum grade
				on the NAPLEX or Texas Pharmacy Jurisprudence Examination or both, the
				following is applicable.
(1) If the applicant
				fails to achieve the minimum grade on NAPLEX as specified in §
										283.7 of
				this title (relating to Examination Requirements), the applicant may retake
				NAPLEX four additional times for a total of five exam administrations. Prior to
				any subsequent retakes of NAPLEX, the applicant must:
(A) complete course work in subject areas
				recommended by the board;
(B)
				submit documentation to the board which specifies that the applicant has
				successfully completed the course work specified; and
(C) comply with the requirements of §
											283.7 of
				this title (relating to Examination Requirements).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 283 - LICENSING REQUIREMENTS FOR PHARMACISTS › Section 283.12 - Licenses for Military Service Members, Military Veterans, and Military Spouses

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
				The following words and terms, when used in this section, shall have the
				following meanings, unless the context clearly indicates otherwise.
(1) Active duty--Current full-time military
				service in the armed forces of the United States or active duty military
				service as a member of the Texas military forces, or similar military service
				of another state.
(2) Armed forces
				of the United States--The army, navy, air force, space force, coast guard, or
				marine corps of the United States or a reserve unit of one of those branches of
				the armed forces.
(3) Military
				service member--A person who is on active duty.
(4) Military spouse--A person who is married
				to a military service member.
(5)
				Military veteran--A person who has served on active duty and who was discharged
				or released from active duty.