2005 Texas Occupations Code CHAPTER 568. PHARMACY TECHNICIANS

OCCUPATIONS CODE

CHAPTER 568. PHARMACY TECHNICIANS


	§ 568.001. RULES RELATING TO PHARMACY TECHNICIANS.  (a) 
In establishing rules under Section 554.053(c), the board shall 
require that a pharmacy technician:
		(1)  have a high school diploma or a high school 
equivalency certificate or be working to achieve an equivalent 
diploma or certificate;  and
		(2)  have passed a board-approved pharmacy technician 
certification examination.
	(b)  The board shall adopt rules that permit a pharmacy 
technician to perform only nonjudgmental technical duties under the 
direct supervision of a pharmacist.

Added by Acts 2001, 77th Leg., ch. 1420, § 14.313(a), eff. Sept. 
1, 2001.


	§ 568.002. PHARMACY TECHNICIAN REGISTRATION 
REQUIRED.  (a) A pharmacy technician must register with the board 
annually or biennially, as determined by board rule, on a form 
prescribed by the board.
	(b)  The board may allow a technician to petition the board 
for a special exemption from the technician certification 
requirement if the technician:
		(1)  is in a county with a population of less than 
50,000;  or              
		(2)  on September 1, 2001, has been employed as a 
pharmacy technician in this state for at least 10 years and the 
technician's employer approves the petition.

Added by Acts 2001, 77th Leg., ch. 1420, § 14.313(a), eff. Sept. 
1, 2001.


	§ 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)  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)  had a registration as a pharmacy technician issued 
by another state revoked, surrendered, or suspended for conduct 
substantially equivalent to conduct described by Subdivisions 
(1)-(6).
	(b)  A certified copy of the record of a state taking action 
described by Subsection (a)(8) is conclusive evidence of the action 
taken by the state.

Added by Acts 2001, 77th Leg., ch. 1420, § 14.313(a), eff. Sept. 
1, 2001.  Amended by Acts 2005, 79th Leg., ch. 1345, § 33, eff. 
Sept. 1, 2005.


	§ 568.0035. DISCIPLINE AUTHORIZED.  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.          

Added by Acts 2005, 79th Leg., ch. 1345, § 34, eff. Sept. 1, 
2005.       


	§ 568.004. RENEWAL OF REGISTRATION.  The board may adopt 
a system in which the registrations of pharmacy technicians expire 
on various dates during the year.

Added by Acts 2001, 77th Leg., ch. 1420, § 14.313(a), eff. Sept. 
1, 2001.


	§ 568.005. FEES.  The board may adopt fees as necessary 
for the registration of pharmacy technicians.

Added by Acts 2001, 77th Leg., ch. 1420, § 14.313(a), eff. Sept. 
1, 2001.


	§ 568.006. RATIO OF PHARMACISTS TO PHARMACY 
TECHNICIANS.  The ratio of pharmacists to pharmacy technicians in a 
Class A pharmacy must be at least one pharmacist for every five 
pharmacy technicians if the Class A pharmacy dispenses not more 
than 20 different prescription drugs and does not produce 
intravenous or intramuscular drugs on-site.

Added by Acts 2003, 78th Leg., ch. 1198, § 1, eff. Sept. 1, 2003.          


	§ 568.007. REGISTRATION OF PHARMACY TECHNICIAN 
TRAINEE.  (a) A person must register with the board before 
beginning work in a pharmacy in this state as a pharmacy technician 
trainee.
	(b)  An application for registration as a pharmacy 
technician trainee must be on a form prescribed by the board.
	(c)  A person's registration as a pharmacy technician 
trainee remains in effect as long as the person meets the 
qualifications specified by board rule.
	(d)  The board may, on a determination that a ground for 
discipline exists under Section 568.003, take disciplinary action 
against a pharmacy technician trainee under Section 568.0035.

Added by Acts 2005, 79th Leg., ch. 1345, § 35, eff. Sept. 1, 
2005.