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AN ACT
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relating to disciplinary actions regarding a pharmacy technician or |
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pharmacy technician trainee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 568.003, Occupations Code, is amended to |
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read as follows: |
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Sec. 568.003. GROUNDS FOR DISCIPLINARY ACTION. (a) The |
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board may take disciplinary action under Section 568.0035 if the |
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board determines that the applicant or registrant has: |
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(1) violated this subtitle or a rule adopted under |
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this subtitle; |
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(2) engaged in gross immorality, as that term is |
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defined by the rules of the board; |
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(3) engaged in any fraud, deceit, or |
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misrepresentation, as those terms are defined by the rules of the |
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board, in seeking a registration to act as a pharmacy technician; |
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(4) been convicted of or placed on deferred |
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adjudication community supervision or deferred disposition or the |
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applicable federal equivalent for: |
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(A) a misdemeanor: |
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(i) involving moral turpitude; or |
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(ii) under Chapter 481 or 483, Health and |
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Safety Code, or the Comprehensive Drug Abuse Prevention and Control |
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Act of 1970 (21 U.S.C. Section 801 et seq.); or |
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(B) a felony; |
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(5) developed an incapacity that prevents the |
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applicant or registrant from practicing as a pharmacy technician or |
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pharmacy technician trainee with reasonable skill, competence, and |
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safety to the public [a drug or alcohol dependency]; |
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(6) violated: |
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(A) Chapter 481 or 483, Health and Safety Code, |
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or rules relating to those chapters; |
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(B) Sections 485.031-485.035, Health and Safety |
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Code; or |
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(C) a rule adopted under Section 485.011, Health |
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and Safety Code; |
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(7) violated the pharmacy or drug laws or rules of this |
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state, another state, or the United States; [or] |
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(8) performed duties in a pharmacy that only a |
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pharmacist may perform, as defined by the rules of the board; |
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(9) used alcohol or drugs in an intemperate manner |
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that, in the board's opinion, could endanger a patient's life; |
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(10) engaged in negligent, unreasonable, or |
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inappropriate conduct when working in a pharmacy; |
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(11) violated a disciplinary order; |
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(12) been convicted or adjudicated of a criminal |
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offense that requires registration as a sex offender under Chapter |
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62, Code of Criminal Procedure; or |
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(13) been disciplined by a pharmacy or other health |
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regulatory board of this state or another state [had a registration
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as a pharmacy technician issued by another state revoked,
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surrendered, or suspended] for conduct substantially equivalent to |
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conduct described by this subsection [Subdivisions (1)-(6)]. |
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(b) A certified copy of the record of a state taking action |
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described by Subsection (a)(13) [(a)(8)] is conclusive evidence of |
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the action taken by the state. |
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SECTION 2. Section 568.0035, Occupations Code, is amended |
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to read as follows: |
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Sec. 568.0035. DISCIPLINE AUTHORIZED; EFFECT ON TRAINEE. |
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(a) On a determination that a ground for discipline exists under |
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Section 568.003, the board may: |
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(1) suspend the person's registration; |
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(2) revoke the person's registration; |
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(3) restrict the person's registration to prohibit the |
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person from performing certain acts or from practicing as a |
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pharmacy technician in a particular manner for a term and under |
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conditions determined by the board; |
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(4) impose an administrative penalty under Chapter |
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566; |
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(5) refuse to issue or renew the person's |
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registration; |
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(6) place the offender's registration on probation and |
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supervision by the board for a period determined by the board and |
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impose a requirement that the registrant: |
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(A) report regularly to the board on matters that |
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are the basis of the probation; |
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(B) limit practice to the areas prescribed by the |
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board; |
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(C) continue or review professional education |
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until the registrant attains a degree of skill satisfactory to the |
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board in each area that is the basis of the probation; or |
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(D) pay the board a probation fee to defray the |
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costs of monitoring the registrant during the period of probation; |
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(7) reprimand the person; |
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(8) retire the person's registration as provided by |
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board rule; or |
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(9) impose more than one of the sanctions listed in |
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this section. |
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(b) A disciplinary action affecting the registration of a |
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pharmacy technician trainee remains in effect if the trainee |
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obtains registration as a pharmacy technician. |
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SECTION 3. Chapter 568, Occupations Code, is amended by |
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adding Section 568.0036 to read as follows: |
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Sec. 568.0036. SUBMISSION TO MENTAL OR PHYSICAL |
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EXAMINATION. (a) This section applies to a pharmacy technician, |
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pharmacy technician applicant, pharmacy technician trainee, or |
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pharmacy technician trainee applicant. |
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(b) In enforcing Section 568.003(a)(5), the board, on |
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probable cause, may request a person subject to this section to |
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submit to a mental or physical examination by a physician or other |
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health care professional designated by the board. |
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(c) If the person refuses to submit to the examination, the |
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board shall: |
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(1) issue an order requiring the person to show cause |
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why the person will not submit to the examination; and |
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(2) schedule a hearing on the order not later than the |
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30th day after the date notice of the order is served on the person |
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under Subsection (d). |
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(d) The person shall be notified by either personal service |
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or certified mail, return receipt requested. |
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(e) At the hearing, the person and the person's counsel may |
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present testimony or other evidence to show why the person should |
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not be required to submit to the examination. |
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(f) After the hearing, the board shall, by order: |
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(1) require the person to submit to the examination; |
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or |
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(2) withdraw the request for examination. |
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SECTION 4. The changes in law made by this Act apply only to |
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conduct occurring on or after the effective date of this Act. |
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Conduct occurring before the effective date of this Act is governed |
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by the law in effect immediately before the effective date of this |
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Act, and the former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1853 passed the Senate on |
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May 6, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1853 passed the House on |
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May 27, 2009, by the following vote: Yeas 148, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |