Sec. 565.001. APPLICANT FOR OR HOLDER OF LICENSE TO PRACTICE PHARMACY. (a) The board may discipline an applicant for or the holder of a current or expired license to practice pharmacy if the board finds that the applicant or license holder has: (1) violated this subtitle or a board rule adopted under this subtitle; (2) engaged in unprofessional conduct as defined by board rule; (3) engaged in gross immorality as defined by board rule; (4) developed an incapacity that prevents or could prevent the applicant or license holder from practicing pharmacy with reasonable skill, competence, and safety to the public; (5) engaged in fraud, deceit, or misrepresentation, as defined by board rule, in practicing pharmacy or in seeking a license to practice pharmacy; (6) 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; (7) used alcohol or drugs in an intemperate manner that, in the board's opinion, could endanger a patient's life; (8) failed to maintain records required by this subtitle or failed to maintain complete and accurate records of purchases or disposals of drugs listed in 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.); (9) violated any provision of: (A) 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 rules relating to one of those laws; or (B) Section 485.031 , 485.032 , 485.033 , or 485.034 , Health and Safety Code; (10) aided or abetted an unlicensed person in the practice of pharmacy if the pharmacist knew or reasonably should have known that the person was unlicensed at the time; (11) refused entry into a pharmacy for an inspection authorized by this subtitle if the pharmacist received notification from which the pharmacist knew or reasonably should have known that the attempted inspection was authorized; (12) violated any pharmacy or drug statute or rule of this state, another state, or the United States; (13) been negligent in the practice of pharmacy; (14) failed to submit to an examination after hearing and being ordered to do so by the board under Section 565.052 ; (15) dispensed a prescription drug while acting outside the usual course and scope of professional practice; (16) been disciplined by a pharmacy board or by another health regulatory board of this state or another state for conduct substantially equivalent to conduct described under this subsection; (17) violated a disciplinary order, including a confidential order or contract under the program to aid impaired pharmacists and pharmacy students under Chapter 564 ; (18) failed to adequately supervise a task delegated to a pharmacy technician or pharmacy technician trainee; (19) inappropriately delegated a task delegated to a pharmacy technician or pharmacy technician trainee; (20) been responsible for a drug audit shortage; or (21) been convicted or adjudicated of a criminal offense that requires registration as a sex offender under Chapter 62 , Code of Criminal Procedure. (b) A certified copy of the record of the state taking action described by Subsection (a)(16) is conclusive evidence of the action taken by that state.
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