(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.
Notes
22
Tex. Admin. Code §
281.64
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
