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Texas Board of Pharmacy adopts rule tightening disciplinary review after felony convictions
Summary
The Board adopted amendments to rule 281.63 that align disciplinary guidelines with recent legislation and specify mandatory revocation or factors for determining whether a conviction 'directly relates' to pharmacy practice.
The Texas State Board of Pharmacy on Nov. 4 adopted amendments to rule 281.63 that change how the agency treats criminal convictions and deferred adjudications when considering discipline for licensees and pharmacy owners.
The board’s rule now specifies that the agency “may revoke” a license or registration upon the imprisonment of a licensee, registrant or the owner of a pharmacy following a felony conviction or deferred adjudication, and requires revocation in cases where the offense directly relates to the occupation or operation of a pharmacy or is a listed violent offense under the Code of Criminal Procedure. The rule also clarifies that the board may consider revocation for parole or mandatory‑supervision revocations.
Board staff said the change aligns the disciplinary guidelines to Senate Bill 1080 and to existing statutory citations (including article 42.054 and article 62.001 of the Code of Criminal Procedure). John (staff) told members the amendments first were proposed at the Aug. 4 board meeting and published in the Texas Register on Sept. 26.
The rule adds a defined list of factors the board will consider when deciding whether a criminal conviction or deferred adjudication directly relates to a licensee’s duties. Those factors include the nature and seriousness of the crime, the relationship of the crime to the purpose for licensing, the extent to which the license provides an opportunity to repeat the conduct, the relationship of the crime to the ability to perform job duties, any correlation between elements of the crime and license duties, the extent and nature of past criminal activity, time elapsed since the offense, rehabilitation efforts, age at commission (if younger than 21), pre‑ and post‑offense work conduct, evidence of compliance with supervision or parole, and letters of recommendation.
The rule also requires persons with convictions or deferred adjudications to, "to the extent possible," provide documentation and recommendations to the board to establish the listed factors.
After staff presentation, the board voted to adopt the amendment (motion by Randy Martin; second by Rick Tisch). No public comments were reported on the rule prior to adoption.
The board did not take additional individual sanctions under this item; the amendment modifies the disciplinary standard and procedures for future cases.
