|(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.
(b) The board shall not impose a remedial plan if the
appropriate resolution of the complaint involves a restriction on
the manner in which a license holder practices pharmacy.
(c) The board may not issue a remedial plan to resolve
a complaint against a license holder if the license holder has entered
into a remedial plan with the board in the preceding 24 months for
the resolution of a different complaint relating to this subtitle.
(d) If a license holder complies with and successfully
completes the terms of a remedial plan, the board shall remove all
records of the remedial plan from the board's records at the end of
the fiscal year in which the fifth anniversary of the date the board
issued the terms of the remedial plan occurs in accordance with §565.060
of the Act.
(e) The board may assess a fee against a license holder
participating in a remedial plan in the amount of $1,000 to recover
the costs of administering the plan.