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 281.63 - Considerations for Criminal Offenses

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  purpose of this section is to establish guidelines and criteria on the
				  eligibility of persons with criminal backgrounds to obtain a license or
				  registration from the board and on the disciplinary actions taken by the board.
				  The section applies to all criminal convictions and to all deferred
				  adjudication community supervisions or deferred dispositions, as authorized by
				  the Act, for all types of licenses and registrations.
(b) The board may suspend, revoke, or impose
				  other authorized disciplinary action on a current license or registration,
				  disqualify a person from receiving a license or registration, or deny to a
				  person the opportunity to be examined for a license or registration because of
				  a person's conviction or deferred adjudication of a crime that serves as a
				  ground for discipline under the Act, and that the board determines directly
				  relates to the duties and responsibilities of a licensee, a registrant, or of
				  an owner of a pharmacy. This subsection applies to persons who are not
				  imprisoned at the time the board considers the conviction or deferred
				  adjudication.
(c) The board shall
				  revoke a license or registration upon the imprisonment of the licensee, the
				  registrant, or the owner of a pharmacy following a felony conviction or
				  deferred adjudication, or revocation of felony community supervision, parole,
				  or mandatory supervision.
(d) A
				  person in prison is not eligible for a license or registration.
(e) An applicant for a license or
				  registration from the board shall disclose in writing to the board any
				  conviction or deferred adjudication against him or her at the time of
				  application. A current licensee or registrant shall disclose in writing to the
				  board any conviction or deferred adjudication against him or her at the time of
				  renewal.
(f) The board shall by
				  rule determine and list in this section which criminal offenses directly relate
				  to the occupation of a licensee or registrant, or the operation of a pharmacy.
				  For all other offenses not listed in this section, in considering whether a
				  criminal conviction or deferred adjudication directly relates to the occupation
				  of a licensee or a registrant, or the operation of a pharmacy, the board shall
				  consider:
(1) the nature and seriousness of
				  the crime;
(2) the relationship of
				  the crime to the purposes for requiring a license or registration to engage in
				  the occupation of the licensee or registrant, or the operation of a
				  pharmacy;
(3) the extent to which a
				  license or registration might afford the licensee or registrant an opportunity
				  to repeat the criminal activity in which the person had been involved;
				  and
(4) the relationship of the
				  crime to the ability, capacity, or fitness required to perform the duties and
				  discharge the responsibilities of the licensee or registrant.