By: Van de Putte S.B. No. 1853
(In the Senate - Filed March 11, 2009; March 24, 2009, read
first time and referred to Committee on Health and Human Services;
May 1, 2009, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; May 1, 2009, sent
to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1853 By: Zaffirini
A BILL TO BE ENTITLED
AN ACT
relating to disciplinary actions regarding a pharmacy technician or
pharmacy technician trainee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 568.003, Occupations Code, is amended to
read as follows:
Sec. 568.003. GROUNDS FOR DISCIPLINARY ACTION. (a) The
board may take disciplinary action under Section 568.0035 if the
board determines that the applicant or registrant has:
(1) violated this subtitle or a rule adopted under
this subtitle;
(2) engaged in gross immorality, as that term is
defined by the rules of the board;
(3) engaged in any fraud, deceit, or
misrepresentation, as those terms are defined by the rules of the
board, in seeking a registration to act as a pharmacy technician;
(4) been convicted of or placed on deferred
adjudication community supervision or deferred disposition or the
applicable federal equivalent for:
(A) a misdemeanor:
(i) involving moral turpitude; or
(ii) under Chapter 481 or 483, Health and
Safety Code, or the Comprehensive Drug Abuse Prevention and Control
Act of 1970 (21 U.S.C. Section 801 et seq.); or
(B) a felony;
(5) developed an incapacity that prevents the
applicant or registrant from practicing as a pharmacy technician or
pharmacy technician trainee with reasonable skill, competence, and
safety to the public [a drug or alcohol dependency];
(6) violated:
(A) Chapter 481 or 483, Health and Safety Code,
or rules relating to those chapters;
(B) Sections 485.031-485.035, Health and Safety
Code; or
(C) a rule adopted under Section 485.011, Health
and Safety Code;
(7) violated the pharmacy or drug laws or rules of this
state, another state, or the United States; [or]
(8) performed duties in a pharmacy that only a
pharmacist may perform, as defined by the rules of the board;
(9) used alcohol or drugs in an intemperate manner
that, in the board's opinion, could endanger a patient's life;
(10) engaged in negligent, unreasonable, or
inappropriate conduct when working in a pharmacy;
(11) violated a disciplinary order;
(12) been convicted or adjudicated of a criminal
offense that requires registration as a sex offender under Chapter
62, Code of Criminal Procedure; or
(13) been disciplined by a pharmacy or other health
regulatory board of this state or another state [had a registration
as a pharmacy technician issued by another state revoked,
surrendered, or suspended] for conduct substantially equivalent to
conduct described by this subsection [Subdivisions (1)-(6)].
(b) A certified copy of the record of a state taking action
described by Subsection (a)(13) [(a)(8)] is conclusive evidence of
the action taken by the state.
SECTION 2. Section 568.0035, Occupations Code, is amended
to read as follows:
Sec. 568.0035. DISCIPLINE AUTHORIZED; EFFECT ON TRAINEE.
(a) On a determination that a ground for discipline exists under
Section 568.003, the board may:
(1) suspend the person's registration;
(2) revoke the person's registration;
(3) restrict the person's registration to prohibit the
person from performing certain acts or from practicing as a
pharmacy technician in a particular manner for a term and under
conditions determined by the board;
(4) impose an administrative penalty under Chapter
566;
(5) refuse to issue or renew the person's
registration;
(6) place the offender's registration on probation and
supervision by the board for a period determined by the board and
impose a requirement that the registrant:
(A) report regularly to the board on matters that
are the basis of the probation;
(B) limit practice to the areas prescribed by the
board;
(C) continue or review professional education
until the registrant attains a degree of skill satisfactory to the
board in each area that is the basis of the probation; or
(D) pay the board a probation fee to defray the
costs of monitoring the registrant during the period of probation;
(7) reprimand the person;
(8) retire the person's registration as provided by
board rule; or
(9) impose more than one of the sanctions listed in
this section.
(b) A disciplinary action affecting the registration of a
pharmacy technician trainee remains in effect if the trainee
obtains registration as a pharmacy technician.
SECTION 3. Chapter 568, Occupations Code, is amended by
adding Section 568.0036 to read as follows:
Sec. 568.0036. SUBMISSION TO MENTAL OR PHYSICAL
EXAMINATION. (a) This section applies to a pharmacy technician,
pharmacy technician applicant, pharmacy technician trainee, or
pharmacy technician trainee applicant.
(b) In enforcing Section 568.003(a)(5), the board, on
probable cause, may request a person subject to this section to
submit to a mental or physical examination by a physician or other
health care professional designated by the board.
(c) If the person refuses to submit to the examination, the
board shall:
(1) issue an order requiring the person to show cause
why the person will not submit to the examination; and
(2) schedule a hearing on the order not later than the
30th day after the date notice of the order is served on the person
under Subsection (d).
(d) The person shall be notified by either personal service
or certified mail, return receipt requested.
(e) At the hearing, the person and the person's counsel may
present testimony or other evidence to show why the person should
not be required to submit to the examination.
(f) After the hearing, the board shall, by order:
(1) require the person to submit to the examination;
or
(2) withdraw the request for examination.
SECTION 4. The changes in law made by this Act apply only to
conduct occurring on or after the effective date of this Act.
Conduct occurring before the effective date of this Act is governed
by the law in effect immediately before the effective date of this
Act, and the former law is continued in effect for that purpose.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
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