22 Tex. Admin. Code § 281.69 - Automatic Denial or Revocation

(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.

Notes

22 Tex. Admin. Code § 281.69

Adopted by Texas Register, Volume 45, Number 09, February 28, 2020, TexReg 1422, eff. 3/5/2020; Amended by Texas Register, Volume 49, Number 35, August 30, 2024, TexReg 6750, eff. 9/1/2024