| (a) Notwithstanding subsection (c) of this section,
as required in Texas Occupations Code, §§108.052 and 108.053,
the board shall deny an application for licensure as a pharmacist
or immediately upon receiving notification as specified in §108.053(b)
revoke the pharmacist license of a person who:
(1) is required to register as a sex offender under
Chapter 62, Code of Criminal Procedure;
(2) has been previously convicted of or placed on deferred
adjudication community supervision for the commission of a felony
offense involving the use or threat of force; or
(3) has been previously convicted of or placed on deferred
adjudication community supervision for the commission of an offense:
(A) under Penal Code, §§22.011, 22.02, 22.021,
or 22.04, or an offense under the laws of another state or federal
law that is equivalent to an offense under one of those sections;
(B) committed:
(i) when the applicant held a license as a health care
professional in this state or another state; and
(ii) in the course of providing services within the
scope of the applicant's license; and
(C) in which the victim of the offense was a patient
of the applicant.
(b) As specified in Texas Occupations Code, §108.054,
a person whose license application is denied under this subsection:
(1) based on a conviction or placement on deferred
adjudication community supervision for an offense described by subsections
(a)(2) or (3) of this section may reapply for a license if the conviction
or deferred adjudication is reversed, set aside, or vacated on appeal;
or
(2) based on a requirement to register as a sex offender
under Chapter 62, Code of Criminal Procedure, may reapply for a license
after the expiration of the period for which the person is required
to register.
(c) As specified in Texas Occupations Code, §108.055,
a person whose license is revoked under this subsection:
(1) based on a conviction or placement on deferred
adjudication community supervision for an offense described by subsections
(a)(2) or (3) of this section may apply for reinstatement of the license
if the conviction or deferred adjudication is reversed, set aside,
or vacated on appeal; or
(2) based on a requirement to register as a sex offender
under Chapter 62, Code of Criminal Procedure, may apply for reinstatement
of the license after the expiration of the period for which the person
is required to register.
|
