The Texas State Board of Pharmacy (TSBP) is the state agency responsible for the licensing and registration of Texas pharmacists, pharmacy technicians, and pharmacies. The TSBP is also tasked with resolving complaints and disciplining licensees for violations of law. Reasons the Texas State Pharmacy Board May Discipline a Pharmacist Reasons why the Board may discipline a pharmacists, pharmacy, or pharmacy technicians can include:
- Violating a TSBP Rule, the Texas Pharmacy Act, or other health and safety code.
- Violating a drug related statute.
- Engaging in unprofessional conduct.
- The Texas State Board of Pharmacy Rules defines “unprofessional conduct” as “engaging in behavior or committing an act that fails to conform with the standards of the pharmacy profession, including, but not limited to, criminal activity or activity involving moral turpitude, dishonesty, or corruption.” Rule § 281.7(a).
- Engaging in fraud, deceit, or misrepresentation in the practice of pharmacy or in seeking a license to act as a pharmacist.
- “Fraud” is defines as “an intentional perversion of truth for the purpose of inducing another in reliance upon it to part with some valuable thing belonging to him, or to surrender a legal right, or to issue a license; 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 another.”
- “Deceit” is defined as “the assertion, as a fact, of that which is not true by any means whatsoever to deceive or defraud another.
- “Misrepresentation” means “a manifestation by words or other conduct which is a false representation of a matter of fact.” Rule § 281.7(c).
- For committing “gross immorality,” which includes, but is not limited to:
- Conduct which is willful, flagrant, and shameless, and which shows a moral indifference to standards of the community;
- Engaging in an act which is a felony;
- Engaging in an act that constitutes sexually deviant behavior; or
- Being required to register with the Department of Public Safety as a sex offender. Rule § 281.7(b).
- Alcoholism, chemical dependency, or substance abuse.
The foregoing list is not exhaustive. The TSPB has a broad scope of authority to impose disciplinary action against its licensees. Disciplinary action may include reprimand, fines, suspension, and license revocation.
If you have been notified of a complaint filed against you with the TSBP, BERTOLINO LLP can help. We are experienced Pharmacy license defense attorneys and we know how to navigate the TSPB’s complaint process. We are prepared to represent you at any legal hearing or proceeding regarding your professional license. Contact us today to discuss your case. Our law firm helps professionals, like you, keep their licenses when those licenses are under attack by a state agency or board. With offices in Austin, Houston, and San Antonio, we serve clients all over the state. As experienced attorneys, well-versed in state and federal laws, we know how to win. Our results speak for themselves. Contact us today or call (512) 476-5757 and schedule a case evaluation.
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