22 Tex. Admin. Code § 281.9 - Grounds for Discipline for a Pharmacy Technician or a Pharmacy Technician Trainee
(a) Pharmacy
technicians and pharmacy technician trainees shall be subject to all
disciplinary grounds set forth in § 568.003 of the Act.
(b) For the purposes of the Act, §
568.003(a)(10), "negligent, unreasonable, or inappropriate conduct" shall
include, but not be limited to:
(1)
delivering or offering to deliver a prescription drug or device in violation of
this Act, the Controlled Substances Act, the Dangerous Drug Act, or rules
promulgated pursuant to these Acts;
(2) acquiring or possessing or attempting to
acquire or possess prescription drugs in violation of this Act, the Controlled
Substances Act, or Dangerous Drug Act or rules adopted pursuant to these
Acts;
(3) failing to perform the
duties of a pharmacy technician or pharmacy technician trainee in an acceptable
manner consistent with the public health and welfare, which contributes to a
prescription not being dispensed or delivered accurately;
(4) obstructing a board employee in the
lawful performance of his duties of enforcing the Act;
(5) violating the provisions of an agreed
board order or board order, including accessing prescription drugs with a
revoked or suspended pharmacy technician or pharmacy technician trainee
registration;
(6) abusive,
intimidating, or threatening behavior toward a board member or employee during
the performance of such member's or employee's lawful duties; or
(7) failing to respond and to provide all
requested records within the time specified in an audit of continuing education
records under §
297.8 of this title (relating to
Continuing Education Requirements).
(c) For the purposes of the Act,
§568.003(a)(2), the term "gross immorality" shall include, but not be
limited to:
(1) conduct which is willful,
flagrant, and shameless, and which shows a moral indifference to standards of
the community;
(2) engaging in an
act which is a felony;
(3) engaging
in an act that constitutes sexually deviant behavior; or
(4) being required to register with the
Department of Public Safety as a sex offender under Chapter 62, Code of
Criminal Procedure.
(d)
For the purposes of the Act, §568.003(a)(3), the terms "fraud," "deceit,"
or "misrepresentation" shall apply to an individual seeking a registration as a
pharmacy technician, as well as making an application to any entity that
certifies or registers pharmacy technicians, and shall be defined as follows:
(1) "Fraud" means an intentional perversion
of truth for the purpose of inducing the board in reliance upon it to issue a
registration; a false representation of a matter of fact, whether by words or
by conduct, by false or misleading allegations, or by concealment of that which
should have been disclosed, which deceives or is intended to deceive the
board.
(2) "Deceit" means the
assertion, as a fact, of that which is not true by any means whatsoever to
deceive or defraud the board.
(3)
"Misrepresentation" means a manifestation by words or other conduct which is a
false representation of a matter of fact.
Notes
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