22 Tex. Admin. Code § 281.66 - Application for Reissuance or Removal of Restrictions of a License or Registration
(a) A person
whose pharmacy license, pharmacy technician registration, or license or
registration to practice pharmacy has been canceled, revoked, or restricted,
whether voluntary or by action of the board, may, after 12 months from the
effective date of such cancellation, revocation, or restriction, apply to the
board for reinstatement or removal of the restriction of the license or
registration.
(1) The application shall be
given under oath and on the form prescribed by the board.
(2) A person applying for reinstatement or
removal of restrictions may be required to meet all requirements necessary in
order for the board to access the criminal history record information,
including submitting fingerprint information and being responsible for all
associated costs.
(3) A person
applying for reinstatement or removal of restrictions has the burden of
proof.
(4) On investigation and
hearing, the board may in its discretion grant or deny the application or it
may modify its original finding to reflect any circumstances that have changed
sufficiently to warrant the modification.
(5) If such application is denied by the
board, a subsequent application may not be considered by the board until 12
months from the date of denial of the previous application.
(6) The board in its discretion may require a
person to pass an examination or examinations to reenter the practice of
pharmacy.
(7) The fee for
reinstatement of a license or registration shall be $100 which is to be paid to
the Texas State Board of Pharmacy and includes the processing of the
reinstatement application.
(b) In reinstatement cases not involving
criminal offenses, the board may consider the following items in determining
the reinstatement of an applicant's previously revoked or canceled license or
registration:
(1) moral character in the
community;
(2) employment
history;
(3) financial support to
his/her family;
(4) participation
in continuing education programs or other methods of maintaining currency with
the practice of pharmacy;
(5)
criminal history record;
(6) offers
of employment in pharmacy;
(7)
involvement in public service activities in the community;
(8) failure to comply with the provisions of
the board order revoking or canceling the applicant's license or
registration;
(9) action by other
state or federal regulatory agencies;
(10) any physical, chemical, emotional, or
mental impairment;
(11) the gravity
of the offense for which the applicant's license or registration was canceled,
revoked, or restricted and the impact the offense had upon the public health,
safety and welfare;
(12) the length
of time since the applicant's license or registration was canceled, revoked or
restricted, as a factor in determining whether the time period has been
sufficient for the applicant to have rehabilitated himself/herself to be able
to practice pharmacy in a manner consistent with the public health, safety and
welfare;
(13) competency to engage
in the practice of pharmacy; or
(14) other rehabilitation actions taken by
the applicant.
(c) If a
reinstatement case involves criminal offenses, the sanctions specified in
§
281.64 of this chapter (relating
to Sanctions for Criminal Offenses) apply.
(d) If an application for reinstatement of a
license to practice pharmacy is granted by the board, the applicant, in
addition to any sanctions or other requirements imposed by the board, shall
complete approved continuing education and board-approved internship
requirements according to the following schedule:
(1) if the license has been revoked or
canceled for at least one year but less than two years, complete 15 contact
hours of approved continuing education;
(2) if the license has been revoked or
canceled for at least two years but less than three years, complete 30 contact
hours of approved continuing education and 100 hours of internship in a
board-approved internship program;
(3) if the license has been revoked or
canceled for at least three years but less than four years, complete 45 contact
hours of approved continuing education and 300 hours of internship in a
board-approved internship program;
(4) if the license has been revoked or
canceled for at least four years but less than five years, complete 45 contact
hours of approved continuing education and 500 hours of internship in a
board-approved internship program;
(5) if the license has been revoked or
canceled for at least five years but less than six years, complete 45 contact
hours of approved continuing education and 700 hours of internship in a
board-approved internship program;
(6) if the license has been revoked or
canceled for at least six years but less than seven years, complete 45 contact
hours of approved continuing education and 900 hours of internship in a
board-approved internship program;
(7) if the license has been revoked or
canceled for at least seven years but less than eight years, complete 45
contact hours of approved continuing education and 1,100 hours of internship in
a board-approved internship program;
(8) if the license has been revoked or
canceled for at least eight years but less than nine years, complete 45 contact
hours of approved continuing education and 1,300 hours of internship in a
board-approved internship program;
(9) if the license has been revoked or
canceled for at least nine years but less than ten years, complete 45 contact
hours of approved continuing education and 1,500 hours of internship in a
board-approved internship program; and
(10) if the license has been revoked or
canceled for ten years or more, complete 45 contact hours of approved
continuing education and the number of internship hours required by the
Accreditation Council for Pharmacy Education (ACPE) for licensure in a
board-approved internship program.
Notes
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