Sec. 568.003. GROUNDS FOR DISCIPLINARY ACTION. (a) The board may take disciplinary action under Section 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. Section 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 Section 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.
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