The Texas State Board of Pharmacy (the Board) not only licenses pharmacists but also registers pharmacy technicians and trainees. As a result, the Board must ensure that these professionals and trainees follow all applicable laws and rules. Any violations by these individuals can lead to disciplinary proceedings and potentially severe sanctions. Therefore, all pharmacy technicians and trainees must know the laws and rules governing their profession to avoid violating them.
If you face disciplinary proceedings before the Board, consulting a pharmacy technician license defense lawyer to defend your license can be crucial. By enlisting a strong legal advocate from the outset of your case, you may be better positioned to reach a more positive resolution.
Grounds for Disciplinary Action
Tex. Occ. Code §568.003 outlines the circumstances under which the Board may take disciplinary action against the holder of a current or expired pharmacy technician or pharmacy technician trainee registration. These grounds for discipline include:
- Violating any law or rule governing pharmacy technician or pharmacy technician trainees;
- Engaging in gross immorality;
- Engaging in any fraud, deceit, or misrepresentation in seeking registration to act as a pharmacy technician or pharmacy technician trainee;
- Being convicted of or placed on deferred adjudication community supervision or deferred disposition or the applicable federal equivalent for:
- Developing 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;
- Violating:
- The Texas Controlled Substances Abuse Act or state laws regulating dangerous drugs, as found in Chapters 481 and 483, Health and Safety Code, or rules relating to those chapters;
- Sections 485.031-485.034, Health and Safety Code related to abusable volatile chemicals; or
- A rule adopted under Section 485.002, Health and Safety Code;
- Violating the pharmacy or drug laws or rules of this state, another state, or the United States;
- Performing duties in a pharmacy that only a pharmacist may perform;
- Using alcohol or drugs in an intemperate manner that, in the Board’s opinion, could endanger a patient’s life;
- Engaging in negligent, unreasonable, or inappropriate conduct when working in a pharmacy;
- Violating a disciplinary order;
- Being convicted or adjudicated of a criminal offense that requires registration as a sex offender; or
- Being 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.
Disciplinary Action and Its Effects on Trainees
If the Board determines that a ground for discipline exists as listed above, Tex. Occ. Code §568.0035 authorizes the following forms of discipline by the Board:
- Suspension of the person’s registration;
- Revocation of the person’s registration;
- Restriction of the person’s registration to prohibit the person from performing certain acts or from practicing as a pharmacy technician or pharmacy technician trainee in a particular manner for a term and under conditions determined by the Board;
- Imposition of an administrative penalty;
- Refusal to issue or renew the person’s registration;
- Placement of 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 to:
- Report regularly to the Board on matters that are the basis of the probation;
- Limit practice to the areas prescribed by the Board;
- 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
- Pay the Board a probation fee to defray the costs of monitoring the registrant during the period of probation;
- Reprimand the person;
- Retire the person’s registration as provided by Board rule; or
- Impose more than one of the sanctions listed in this section.
If a pharmacy technician trainee obtains registration as a pharmacy technician, any discipline they have received stays in full force and effect.
Furthermore, the Board may require the individual to submit to a physical or mental examination under Tex. Occ. Code §568.0036. The Board may order one or both these examinations if it determines that disciplinary action is necessary because the technician or technician trainee has developed an incapacity that affects their ability to practice competently or violates a pharmacy or drug law. Refusal to submit to the examination as ordered can result in a show cause hearing. The individual may present evidence why they should not be required to undergo the examination as ordered, and the Board will decide whether to order the individual to submit to the exam within 60 days or withdraw the request.
Temporary Suspension or Restriction of Registration
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The Board also may seek a temporary suspension or registration of a pharmacy technician or pharmacy technician trainee under Tex. Occ. Code §568.0037. If the Board seeks a temporary suspension or restriction of registration, the president must appoint a disciplinary panel of three Board members to consider the matter. Suppose a majority of the panel determines that allowing the pharmacy technician or technician trainee to continue to practice would pose a continuing threat to the public welfare. In that case, the panel shall temporarily suspend or restrict their registration.
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Typically, the panel must take this temporary action only after a hearing with at least ten days’ notice to the registrant. However, the panel may take this temporary action without notice or hearing if a hearing is scheduled to be held no more than 14 days after the temporary suspension or restriction date to determine whether it should continue.
The Board also shall initiate disciplinary action no later than 90 days after the date of the temporary suspension or restriction. The State Office of Administrative Hearings (SOAH) shall hold a contested hearing within that timeframe. If SOAH cannot hold a hearing within that timeframe, then the temporary suspension or restriction must be lifted, and the registration automatically reinstated.
We Will Represent Your Interests Before the Board
We know how important it is for you to maintain your pharmacy technician’s registration and work in your chosen field. All too often, a simple misstep or oversight can lead to disciplinary proceedings and unwanted sanctions, which can threaten your license and career. The experienced pharmacy technician license defense attorneys at Bertolino, LLP, will advocate to help you protect your rights throughout any disciplinary proceedings. Together, we will work to develop the defense strategy that is best calculated to maintain your license and professional future. Call us at (512) 515-9518 or contact us online.
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