Texas 2009 - 81st Regular

Texas Senate Bill SB1853 Compare Versions

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1	1	S.B. No. 1853
2	2
3	3
4	4	AN ACT
5	5	relating to disciplinary actions regarding a pharmacy technician or
6	6	pharmacy technician trainee.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 568.003, Occupations Code, is amended to
9	9	read as follows:
10	10	Sec. 568.003. GROUNDS FOR DISCIPLINARY ACTION. (a) The
11	11	board may take disciplinary action under Section 568.0035 if the
12	12	board determines that the applicant or registrant has:
13	13	(1) violated this subtitle or a rule adopted under
14	14	this subtitle;
15	15	(2) engaged in gross immorality, as that term is
16	16	defined by the rules of the board;
17	17	(3) engaged in any fraud, deceit, or
18	18	misrepresentation, as those terms are defined by the rules of the
19	19	board, in seeking a registration to act as a pharmacy technician;
20	20	(4) been convicted of or placed on deferred
21	21	adjudication community supervision or deferred disposition or the
22	22	applicable federal equivalent for:
23	23	(A) a misdemeanor:
24	24	(i) involving moral turpitude; or
25	25	(ii) under Chapter 481 or 483, Health and
26	26	Safety Code, or the Comprehensive Drug Abuse Prevention and Control
27	27	Act of 1970 (21 U.S.C. Section 801 et seq.); or
28	28	(B) a felony;
29	29	(5) developed an incapacity that prevents the
30	30	applicant or registrant from practicing as a pharmacy technician or
31	31	pharmacy technician trainee with reasonable skill, competence, and
32	32	safety to the public [a drug or alcohol dependency];
33	33	(6) violated:
34	34	(A) Chapter 481 or 483, Health and Safety Code,
35	35	or rules relating to those chapters;
36	36	(B) Sections 485.031-485.035, Health and Safety
37	37	Code; or
38	38	(C) a rule adopted under Section 485.011, Health
39	39	and Safety Code;
40	40	(7) violated the pharmacy or drug laws or rules of this
41	41	state, another state, or the United States; [or]
42	42	(8) performed duties in a pharmacy that only a
43	43	pharmacist may perform, as defined by the rules of the board;
44	44	(9) used alcohol or drugs in an intemperate manner
45	45	that, in the board's opinion, could endanger a patient's life;
46	46	(10) engaged in negligent, unreasonable, or
47	47	inappropriate conduct when working in a pharmacy;
48	48	(11) violated a disciplinary order;
49	49	(12) been convicted or adjudicated of a criminal
50	50	offense that requires registration as a sex offender under Chapter
51	51	62, Code of Criminal Procedure; or
52	52	(13) been disciplined by a pharmacy or other health
53	53	regulatory board of this state or another state [had a registration
54	54	as a pharmacy technician issued by another state revoked,
55	55	surrendered, or suspended] for conduct substantially equivalent to
56	56	conduct described by this subsection [Subdivisions (1)-(6)].
57	57	(b) A certified copy of the record of a state taking action
58	58	described by Subsection (a)(13) [(a)(8)] is conclusive evidence of
59	59	the action taken by the state.
60	60	SECTION 2. Section 568.0035, Occupations Code, is amended
61	61	to read as follows:
62	62	Sec. 568.0035. DISCIPLINE AUTHORIZED; EFFECT ON TRAINEE.
63	63	(a) On a determination that a ground for discipline exists under
64	64	Section 568.003, the board may:
65	65	(1) suspend the person's registration;
66	66	(2) revoke the person's registration;
67	67	(3) restrict the person's registration to prohibit the
68	68	person from performing certain acts or from practicing as a
69	69	pharmacy technician in a particular manner for a term and under
70	70	conditions determined by the board;
71	71	(4) impose an administrative penalty under Chapter
72	72	566;
73	73	(5) refuse to issue or renew the person's
74	74	registration;
75	75	(6) place the offender's registration on probation and
76	76	supervision by the board for a period determined by the board and
77	77	impose a requirement that the registrant:
78	78	(A) report regularly to the board on matters that
79	79	are the basis of the probation;
80	80	(B) limit practice to the areas prescribed by the
81	81	board;
82	82	(C) continue or review professional education
83	83	until the registrant attains a degree of skill satisfactory to the
84	84	board in each area that is the basis of the probation; or
85	85	(D) pay the board a probation fee to defray the
86	86	costs of monitoring the registrant during the period of probation;
87	87	(7) reprimand the person;
88	88	(8) retire the person's registration as provided by
89	89	board rule; or
90	90	(9) impose more than one of the sanctions listed in
91	91	this section.
92	92	(b) A disciplinary action affecting the registration of a
93	93	pharmacy technician trainee remains in effect if the trainee
94	94	obtains registration as a pharmacy technician.
95	95	SECTION 3. Chapter 568, Occupations Code, is amended by
96	96	adding Section 568.0036 to read as follows:
97	97	Sec. 568.0036. SUBMISSION TO MENTAL OR PHYSICAL
98	98	EXAMINATION. (a) This section applies to a pharmacy technician,
99	99	pharmacy technician applicant, pharmacy technician trainee, or
100	100	pharmacy technician trainee applicant.
101	101	(b) In enforcing Section 568.003(a)(5), the board, on
102	102	probable cause, may request a person subject to this section to
103	103	submit to a mental or physical examination by a physician or other
104	104	health care professional designated by the board.
105	105	(c) If the person refuses to submit to the examination, the
106	106	board shall:
107	107	(1) issue an order requiring the person to show cause
108	108	why the person will not submit to the examination; and
109	109	(2) schedule a hearing on the order not later than the
110	110	30th day after the date notice of the order is served on the person
111	111	under Subsection (d).
112	112	(d) The person shall be notified by either personal service
113	113	or certified mail, return receipt requested.
114	114	(e) At the hearing, the person and the person's counsel may
115	115	present testimony or other evidence to show why the person should
116	116	not be required to submit to the examination.
117	117	(f) After the hearing, the board shall, by order:
118	118	(1) require the person to submit to the examination;
119	119	or
120	120	(2) withdraw the request for examination.
121	121	SECTION 4. The changes in law made by this Act apply only to
122	122	conduct occurring on or after the effective date of this Act.
123	123	Conduct occurring before the effective date of this Act is governed
124	124	by the law in effect immediately before the effective date of this
125	125	Act, and the former law is continued in effect for that purpose.
126	126	SECTION 5. This Act takes effect immediately if it receives
127	127	a vote of two-thirds of all the members elected to each house, as
128	128	provided by Section 39, Article III, Texas Constitution. If this
129	129	Act does not receive the vote necessary for immediate effect, this
130	130	Act takes effect September 1, 2009.
131	131	______________________________ ______________________________
132	132	President of the Senate Speaker of the House
133	133	I hereby certify that S.B. No. 1853 passed the Senate on
134	134	May 6, 2009, by the following vote: Yeas 31, Nays 0.
135	135	______________________________
136	136	Secretary of the Senate
137	137	I hereby certify that S.B. No. 1853 passed the House on
138	138	May 27, 2009, by the following vote: Yeas 148, Nays 0, one
139	139	present not voting.
140	140	______________________________
141	141	Chief Clerk of the House
142	142	Approved:
143	143	______________________________
144	144	Date
145	145	______________________________
146	146	Governor