1. (a) For the purposes of the Act, §568.003(a)(2), the term "gross immorality" shall include, but not be limited to:

   1. (1) conduct which is willful, flagrant, and shameless, and which shows a moral indifference to standards of the community;
   2. (2) engaging in an act which is a felony;
   3. (3) engaging in an act that constitutes sexually deviant behavior; or
   4. (4) being required to register with the Department of Public Safety as a sex offender under Chapter 62, Code of Criminal Procedure.

2. (b) For the purposes of the Act, §568.003(a)(3), the terms "fraud," "deceit," or "misrepresentation" shall apply to an individual seeking a registration as a pharmacy technician, as well as making an application to any entity that certifies or registers pharmacy technicians, and shall be defined as follows:

   1. (1) "Fraud" means an intentional perversion of truth for the purpose of inducing the board in reliance upon it to issue a registration; a false representation of a matter of fact, whether by words or by conduct, by false or misleading allegations, or by concealment of that which should have been disclosed, which deceives or is intended to deceive the board.
   2. (2) "Deceit" means the assertion, as a fact, of that which is not true by any means whatsoever to deceive or defraud the board.
   3. (3) "Misrepresentation" means a manifestation by words or other conduct which is a false representation of a matter of fact.
3. (c) The board may take disciplinary action if a pharmacy technician or pharmacy technician trainee violates the provisions of an agreed board order or board order.

Source Note:The provisions of this §281.9 adopted to be effective September 3, 2006, 31 TexReg 6721; amended to be effective March 25, 2007, 32 TexReg 1507; amended to be effective March 6 2008, 33 TexReg 1783.