22 Tex. Admin. Code § 281.6 - Mental or Physical Examination
For the purposes of the Act, §§ 565.001(a)(4), 565.052, 568.003(a)(5), and 568.0036, shall be applied as follows.
(1) The board may discipline an applicant,
licensee, or registrant if the board finds that the applicant, licensee, or
registrant has developed an incapacity that in the estimation of the board
would prevent a pharmacist from engaging in the practice of pharmacy or a
pharmacy technician or pharmacy technician trainee from practicing with a level
of skill and competence that ensures the public health, safety, and
welfare.
(2) Upon a finding of
probable cause, as determined by the board or an authorized agent of the board,
that the applicant, licensee, or registrant has developed an incapacity that in
the estimation of the board would prevent a pharmacist from engaging in the
practice of pharmacy or a pharmacy technician or pharmacy technician trainee
from practicing with a level of skill and competence that ensures the public
health, safety, and welfare, the following is applicable.
(A) The executive director/secretary, legal
counsel of the agency, or other representative of the agency as designated by
the executive director/secretary, shall request the applicant, licensee, or
registrant to submit to a mental or physical examination by a physician or
other healthcare professional designated by the board. The individual providing
the examination shall be approved by the board. Such examination shall be
coordinated through the entity that contracts with the board to aid impaired
pharmacists and pharmacy students. The applicant, licensee, or registrant
shall:
(i) provide the entity with written
notice of the appointment at least three days prior to the
appointment;
(ii) execute and
return to the entity an authorization for release of relevant information on
the form required by the entity, within ten days of receipt of request for the
release from the entity; and
(iii)
follow all other procedures of the entity for each examination.
(B) The applicant, licensee, or
registrant shall be notified in writing, by either personal service or
certified mail with return receipt requested, of the request to submit to the
examination.
(C) The applicant,
licensee, or registrant shall submit to the examination within 30 days of the
date of the receipt of the request.
(D) The applicant, licensee, or registrant
shall authorize the release of the results of the examination and the results
shall be submitted to the board within 15 days of the date of the
examination.
(3) If the
applicant, licensee, or registrant does not comply with the provisions of
paragraph (2) of this section, the following is applicable.
(A) The executive director/secretary shall
cause to be issued an order requiring the applicant, licensee, or registrant to
show cause why he/she will not submit to the examination.
(B) The executive director/secretary shall
schedule a hearing on the order before a panel of three members of the board
appointed by the president of the board, within 30 days after notice is served
on the applicant, licensee, or registrant.
(C) The applicant, licensee, or registrant
shall be notified of the hearing by either personal service or certified mail
with return receipt requested.
(D)
At the hearing, the applicant, licensee, or registrant has the burden of proof
once probable cause has been established by the board, as required by §
565.062 of the Act to rebut the probable cause. The applicant, licensee, or
registrant, and if applicable, the applicant's, licensee's, or registrants'
attorney, are entitled to present testimony and other evidence to show why
probable cause has not been established requiring the applicant, licensee, or
registrant to submit to the examination. An evaluation that has not been
approved by the board and coordinated by the entity that contracts with the
board to aid impaired pharmacist and pharmacy students according to its
procedure cannot be admitted at the hearing in lieu of one that has been
properly approved and coordinated.
(E) After the hearing, the panel shall issue
an order either requiring the applicant, licensee, or registrant to submit to
the examination not later than the 60th day after the date of the order or
withdraw the request for examination, as applicable.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.