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RULE §281.66Application for Reissuance or Removal of Restrictions of a License or Registration

(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.

(b) In reinstatement cases not involving criminal offenses, the board may consider the following items in determining the reinstatement of an applicant's previously revoked or canceled license or registration:

  (1) moral character in the community;

  (2) employment history;

  (3) financial support to his/her family;

  (4) participation in continuing education programs or other methods of maintaining currency with the practice of pharmacy;

  (5) criminal history record;

  (6) offers of employment in pharmacy;

  (7) involvement in public service activities in the community;

  (8) failure to comply with the provisions of the board order revoking or canceling the applicant's license or registration;

  (9) action by other state or federal regulatory agencies;

  (10) any physical, chemical, emotional, or mental impairment;

  (11) the gravity of the offense for which the applicant's license or registration was canceled, revoked, or restricted and the impact the offense had upon the public health, safety and welfare;

  (12) the length of time since the applicant's license or registration was canceled, revoked or restricted, as a factor in determining whether the time period has been sufficient for the applicant to have rehabilitated himself/herself to be able to practice pharmacy in a manner consistent with the public health, safety and welfare;

  (13) competency to engage in the practice of pharmacy; or

  (14) other rehabilitation actions taken by the applicant.

(c) If a reinstatement case involves criminal offenses, the sanctions specified in §281.64 of this chapter (relating to Sanctions for Criminal Offenses) apply.

Source Note: The provisions of this §281.66 adopted to be effective March 25, 2007, 32 TexReg 1508; amended to be effective December 14, 2008, 33 TexReg 10026; amended to be effective December 6, 2009, 34 TexReg 8690; amended to be effective September 14, 2010, 35 TexReg 8356; amended to be effective September 8, 2013, 38 TexReg 5721; amended to be effective September 11, 2016, 41 TexReg 6696; amended to be effective March 5, 2020, 45 TexReg 1421

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