(a) The board may take disciplinary action under § 568.0035 against an applicant for or the holder of a current or expired pharmacy technician or pharmacy technician trainee registration 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 or pharmacy technician trainee;
(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. § 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;
(6) violated:
(A) Chapter 481 or 483, Health and Safety Code, or rules relating to those chapters;
(B) Sections 485.031-485.034, Health and Safety Code; or
(C) a rule adopted under § 485.002, Health and Safety Code;
(7) violated the pharmacy or drug laws or rules of this state, another state, or the United States;
(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 for conduct substantially equivalent to conduct described by this subsection.
(b) A certified copy of the record of a state taking action described by Subsection (a)(13) is conclusive evidence of the action taken by the state.

Terms Used In Texas Occupations Code 568.003

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fraud: Intentional deception resulting in injury to another.
  • Rule: includes regulation. See Texas Government Code 311.005
  • United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005