As a result of a compliance inspection or compliance reinspection of a pharmacy wherein violations of the Texas Pharmacy Act, Controlled Substances Act, Dangerous Drug Act, Texas Food, Drug and Cosmetic Act, or rules adopted pursuant to such acts as observed:
- (1) an agent of the board may issue a written report of areas of non-compliance that need improvement;
- (2) an agent of the board may issue a written warning notice listing specific violations to which the licensee shall respond in writing to the board by the date stated on the warning notice, indicating that the violations listed in the warning notice have been corrected;
(3) an agent of the board may recommend the institution of disciplinary action against a licensee if such agent determines that:
- (A) previously cited violations are continuing to occur; or
- (B) violations observed are of a nature that written notice of non-compliance or a written warning notice would not be in the best interest of the public; or
- (4) an agent of the board, upon determination that the violations observed are of a nature that pose an imminent peril to the public health, safety, or welfare, may recommend to the director of compliance, the institution of action by a district court in Travis County, Texas, to restrain or enjoin a licensee from continuing the violation, in addition to recommending the institution of disciplinary action against a licensee.
Source Note:The provisions of this §291.19 adopted to be effective December 18, 1985, 10 TexReg 4692; amended to be effective September 18, 2007, 32 TexReg 6318.