| (a) The guidelines for disciplinary sanctions apply
to criminal convictions and to deferred adjudication community supervisions
or deferred dispositions, as authorized by the Act, for all types
of licensees and registrants including applicants for such licenses
and registrations issued by the board. The board considers criminal
behavior to be highly relevant to an individual's fitness to engage
in pharmacy practice and has determined that the sanctions imposed
by these guidelines promote the intent of §551.002 of the Act.
The "date of disposition," when referring to the number of years used
to calculate the application of disciplinary sanctions, refers to
the date a conviction, a deferred adjudication, or a deferred disposition
is entered by the court. The use of the term "currently on probation"
is construed to refer to individuals currently serving community supervision
or any other type of probationary term imposed by an order of a court
for a conviction, deferred adjudication, or deferred disposition.
(b) The sanctions imposed by the guidelines can be
used in conjunction with other types of disciplinary actions, including
administrative penalties, as outlined in this section.
(c) The board has determined that the nature and seriousness
of certain crimes outweigh other factors to be considered in §281.63(g)
of this title (relating to Considerations for Criminal Offenses) and
necessitate the disciplinary action listed in paragraphs (1) - (3)
of this subsection. In regard to the crimes enumerated in this rule,
the board has weighed the factors, which are required to be considered
from §281.63(g) of this title, in a light most favorable to the
individual, and even if these factors were present, the board has
concluded that the following sanctions apply to individuals with the
criminal offenses as described in paragraphs (1) - (3) of this subsection:
(1) Criminal offenses which require the individual
to register with the Department of Public Safety as a sex offender
under Chapter 62, Code of Criminal Procedure--denial or revocation;
(2) Felony offenses:
(A) Drug-related offenses, such as those listed in
Chapter 481 or 483, Health and Safety Code:
(i) Offenses involving manufacture, delivery, possession
with intent to deliver, or illegal dispensing:
(I) Currently on probation--denial or revocation;
(II) 0-5 years since date of disposition--denial or
revocation;
(III) 6-10 years since date of disposition--denial
or revocation;
(IV) 11-20 years since date of disposition--5 years
probation;
(V) Over 20 years since date of disposition--3 years
probation;
(ii) Offenses involving possession of drugs, fraudulent
prescriptions, theft of drugs, or alcohol:
(I) If the offense involved only the personal use
of the drugs or alcohol and/or chemical impairment:
(-a-) Currently on probation--90-day to one-year suspension
followed by 5 years probation;
(-b-) 0-5 years since date of disposition--5 years
probation;
(-c-) 6-10 years since date of disposition--3 years
probation;
(-d-) 11-20 years since date of disposition--1 year
probation; or
(II) Otherwise:
(-a-) Currently on probation--denial or revocation;
(-b-) 0-5 years since date of disposition--denial
or one-year suspension followed by 5 years probation;
(-c-) 6-10 years since date of disposition--180-day
suspension followed by 5 years probation;
(-d-) 11-20 years since date of disposition--3 years
probation;
(-e-) Over 20 years since date of disposition--1 year
probation;
(B) Offenses involving sexual contact or violent acts,
or offenses considered to be felonies of the first degree under the
Texas Penal Code:
(i) Currently on probation--denial or revocation;
(ii) 0-5 years since date of disposition--denial or
revocation;
(iii) 6-10 years since date of disposition--denial
or revocation;
(iv) 11-20 years since date of disposition--5 years
probation;
(v) Over 20 years since date of disposition--1 year
probation;
(C) Other felony offenses:
(i) Currently on probation--denial, revocation, or
30- to 180-day suspension followed by 5 years probation;
(ii) 0-5 years since date of disposition--5 years probation;
(iii) 6-10 years since date of disposition--3 years
probation;
(iv) 11-20 years since date of disposition--1 year
probation;
(3) Misdemeanor offenses:
(A) Drug-related offenses, such as those listed in
Chapter 481 or 483, Health and Safety Code:
(i) Offenses involving manufacture, delivery, or possession
with intent to deliver:
(I) Currently on probation--denial or revocation;
(II) 0-10 years since date of disposition--30- to 180-day
suspension followed by 5 years probation;
(III) 11-20 years since date of disposition--1 year
probation;
(ii) Offenses involving possession of drugs, fraudulent
prescriptions, or theft of drugs:
(I) Pharmacists:
(-a-) 0-5 years since date of disposition--5 years
probation;
(-b-) 6-10 years since date of disposition--3 years
probation;
(II) Pharmacy Technicians and Pharmacy Technician Trainees:
(-a-) 0-5 years since date of disposition and offense
determined to be in violation of §568.003(a)(5) or (9) of the
Act--5 years probation;
(-b-) 0-5 years since date of disposition and determined
not to be in violation of §568.003(a)(5) or (9) of the Act--1
year probation;
(-c-) 6-10 years since date of disposition and offense
determined to be in violation of §568.003(a)(5) or (9) of the
Act--3 years probation;
(III) If 0-5 years since date of disposition, and the
offense did not involve only personal use of the drugs and/or chemical
impairment, an additional 30- to 90-day suspension will be imposed
preceding the probation for the offenses in this clause;
(B) Intoxication and alcoholic beverage offenses as
defined in the Texas Penal Code, if two such offenses involving intoxication
due to ingestion of alcohol occurred in the previous five years or
if one such offense involving intoxication due to ingestion of controlled
substances or dangerous drugs occurred in the previous five years:
(i) Pharmacists: 0-5 years since date of disposition
and offense determined to be in violation of §565.001(a)(4) or
(7) of the Act--5 years probation;
(ii) Pharmacy Technicians and Pharmacy Technician Trainees:
0-5 years since date of disposition and offense determined to be in
violation of §568.003(a)(5) or (9) of the Act--5 years probation;
(C) Other misdemeanor offenses involving moral turpitude:
0-5 years since date of disposition--reprimand.
(d) When an individual has multiple criminal offenses
or other violations, the board shall consider imposing additional
more severe types of disciplinary sanctions, as deemed necessary.
(e) An individual who suffers from an impairment as
described by §565.001(a)(4) or (7) or §568.003(a)(5) or
(9), may provide mitigating information including treatment, counseling,
and monitoring in order to mitigate the sanctions imposed.
|
| Source Note: The provisions of this §281.64 adopted to be effective September 3, 2006, 31 TexReg 6722; amended to be effective March 25, 2007, 32 TexReg 1508; amended to be effective March 6, 2008, 33 TexReg 1783; amended to be effective June 8, 2008, 33 TexReg 4304; amended to be effective September 7, 2008, 33 TexReg 7218; amended to be effective May 30, 2010, 35 TexReg 4164; amended to be effective September 14, 2010, 35 TexReg 8356; amended to be effective December 7, 2010, 35 TexReg 10689; amended to be effective June 7, 2012, 37 TexReg 4046; amended to be effective September 9, 2012, 37 TexReg 6916; amended to be effective June 19,2014, 39 TexReg 4655 |
