| (ii) the sale, purchase, or trade of a drug or an offer
to sell, purchase, or trade a drug by an organization described in
subparagraph (C) of this paragraph to a nonprofit affiliate of the
organization to the extent otherwise permitted by law;
(iii) the sale, purchase or trade of a drug or an offer
to sell, purchase, or trade a drug among hospitals or other health
care entities which are under common control;
(iv) the sale, purchase, or trade of a drug or an offer
to sell, purchase, or trade a drug for emergency medical reasons including
the transfer of a drug between pharmacies to alleviate temporary shortages
of the drug arising from delays in or interruptions of regular distribution
schedules; or
(v) the dispensing of a prescription drug pursuant
to a valid prescription drug order to the extent otherwise permitted
by law;
(28) selling, purchasing, or trading, or offering to
sell, purchase, or trade:
(A) misbranded prescription drugs; or
(B) prescription drugs beyond the manufacturer's expiration
date;
(29) failing to respond and to provide all requested
records within the time specified in an audit of continuing education
records under §295.8 of this title (relating to Continuing Education
Requirements); or
(30) allowing an individual whose license to practice
pharmacy, either as a pharmacist or a pharmacist-intern, or a pharmacy
technician/trainee whose registration has been disciplined by the
board, resulting in the license or registration being revoked, canceled,
retired, surrendered, denied or suspended, to have access to prescription
drugs in a pharmacy.
(b) For the purposes of the Act, §565.001(a)(3),
the term "gross immorality" shall include, but not be limited to:
(1) conduct which is willful, flagrant, and shameless,
and which shows a moral indifference to standards of the community;
(2) engaging in an act which is a felony;
(3) engaging in an act that constitutes sexually deviant
behavior; or
(4) being required to register with the Department
of Public Safety as a sex offender under Chapter 62, Code of Criminal
Procedure.
(c) For the purposes of the Act, §565.001(a)(5),
the terms "fraud," "deceit," or "misrepresentation" in the practice
of pharmacy or in seeking a license to act as a pharmacist shall be
defined as follows:
(1) "Fraud" means an intentional perversion of truth
for the purpose of inducing another in reliance upon it to part with
some valuable thing belonging to him, or to surrender a legal right,
or to issue a license; a false representation of a matter of fact,
whether by words or by conduct, by false or misleading allegations,
or by concealment of that which should have been disclosed, which
deceives or is intended to deceive another.
(2) "Deceit" means the assertion, as a fact, of that
which is not true by any means whatsoever to deceive or defraud another.
(3) "Misrepresentation" means a manifestation by words
or other conduct which is a false representation of a matter of fact.
|
| Source Note: The provisions of this §281.7 adopted to be effective December 30, 1998, 23 TexReg 13073; amended to be effective December 27, 2000, 25 TexReg 12688; amended to be effective March 25, 2007, 32 TexReg 1507; amended to be effective September 9, 2012, 37 TexReg 6915; amended to be effective December 6, 2015, 40 TexReg 8763; amended to be effective June 20, 2019, 44 TexReg 2945; amended to be effective March 5, 2020, 45 TexReg 1419 |
