SECTION 281.68. Remedial Plan

(a) The board may issue a remedial plan by agreement with the respondent to resolve the investigation of a complaint relating to the Act unless the complaint involves:

(1) a death;

(2) a hospitalization;

(3) the commission of a felony;

(4) the unlicensed practice of a licensee or registrant;

(5) audit shortages;

(6) diversion of controlled substances;

(7) impairment by chemical abuse or mental or physical illness of a licensee or registrant;

(8) unauthorized dispensing of a prescription drug;

(9) gross immorality as defined by the board;

(10) engaging in fraud, deceit, or misrepresentation as defined by board rule;

(11) disciplinary action by another regulatory board of this state or another state; or

(12) any other matter determined by the board.

(b) The board shall not impose a remedial plan if the appropriate resolution of the complaint involves a restriction on the manner in which a license holder practices pharmacy.

(c) The board may not issue a remedial plan to resolve a complaint against a license holder if the license holder has entered into a remedial plan with the board in the preceding 24 months for the resolution of a different complaint relating to this subtitle.

(d) If a license holder complies with and successfully completes the terms of a remedial plan, the board shall remove all records of the remedial plan from the board's records at the end of the fiscal year in which the fifth anniversary of the date the board issued the terms of the remedial plan occurs in accordance with §565.060 of the Act.

(e) The board may assess a fee against a license holder participating in a remedial plan in the amount of $1,000 to recover the costs of administering the plan.

Source Note: The provisions of this §281.68 adopted to be effective December 10, 2013, 38 TexReg 8834; amended to be effective March 12, 2019, 44 TexReg 1316