Amend CSHB 1924 by adding the following appropriately 
numbered SECTIONS to the bill and renumbering subsequent SECTIONS 
accordingly:
	SECTION ____.  Section 568.003, Occupations Code, is amended 
to read as follows:
	Sec. 568.003.  GROUNDS FOR DISCIPLINARY ACTION.  (a)  The 
board may take disciplinary action under Section 568.0035 if the 
board determines that the applicant or registrant has:
		(1)  violated this subtitle or a rule adopted under 
this subtitle;          
		(2)  engaged in gross immorality, as that term is 
defined by the rules of the board;
		(3)  engaged in any fraud, deceit, or 
misrepresentation, as those terms are defined by the rules of the 
board, in seeking a registration to act as a pharmacy technician;
		(4)  been convicted of or placed on deferred 
adjudication community supervision or deferred disposition or the 
applicable federal equivalent for:
			(A)  a misdemeanor:                                                          
				(i)  involving moral turpitude; or                                          
				(ii)  under Chapter 481 or 483, Health and 
Safety Code, or the Comprehensive Drug Abuse Prevention and Control 
Act of 1970 (21 U.S.C. Section 801 et seq.); or
			(B)  a felony;                                                               
		(5)  developed an incapacity that prevents the 
applicant or registrant from practicing as a pharmacy technician or 
pharmacy technician trainee with reasonable skill, competence, and 
safety to the public [a drug or alcohol dependency];
		(6)  violated:                                                                
			(A)  Chapter 481 or 483, Health and Safety Code, 
or rules relating to those chapters;
			(B)  Sections 485.031-485.035, Health and Safety 
Code; or                  
			(C)  a rule adopted under Section 485.011, Health 
and Safety Code;         
		(7)  violated the pharmacy or drug laws or rules of this 
state, another state, or the United States; [or]
		(8)  performed duties in a pharmacy that only a 
pharmacist may perform, as defined by the rules of the board;
		(9)  used alcohol or drugs in an intemperate manner 
that, in the board's opinion, could endanger a patient's life;
		(10)  engaged in negligent, unreasonable, or 
inappropriate conduct when working in a pharmacy;
		(11)  violated a disciplinary order;                                   
		(12)  been convicted or adjudicated of a criminal 
offense that requires registration as a sex offender under Chapter 
62, Code of Criminal Procedure; or
		(13)  been disciplined by a pharmacy or other health 
regulatory board of this state or another state [had a registration 
as a pharmacy technician issued by another state revoked, 
surrendered, or suspended] for conduct substantially equivalent to 
conduct described by this subsection [Subdivisions (1)-(6)].
	(b)  A certified copy of the record of a state taking action 
described by Subsection (a)(13) [(a)(8)] is conclusive evidence of 
the action taken by the state.
	SECTION ____.  Section 568.0035, Occupations Code, is 
amended to read as follows:
	Sec. 568.0035.  DISCIPLINE AUTHORIZED; EFFECT ON TRAINEE.  
(a)  On a determination that a ground for discipline exists under 
Section 568.003, the board may:
		(1)  suspend the person's registration;                                       
		(2)  revoke the person's registration;                                        
		(3)  restrict the person's registration to prohibit the 
person from performing certain acts or from practicing as a 
pharmacy technician in a particular manner for a term and under 
conditions determined by the board;
		(4)  impose an administrative penalty under Chapter 
566;                    
		(5)  refuse to issue or renew the person's 
registration;                    
		(6)  place the offender's registration on probation and 
supervision by the board for a period determined by the board and 
impose a requirement that the registrant:
			(A)  report regularly to the board on matters that 
are the basis of the probation;
			(B)  limit practice to the areas prescribed by the 
board;                  
			(C)  continue or review professional education 
until the registrant attains a degree of skill satisfactory to the 
board in each area that is the basis of the probation; or
			(D)  pay the board a probation fee to defray the 
costs of monitoring the registrant during the period of probation;
		(7)  reprimand the person;                                                    
		(8)  retire the person's registration as provided by 
board rule; or         
		(9)  impose more than one of the sanctions listed in 
this section.          
	(b)  A disciplinary action affecting the registration of a 
pharmacy technician trainee remains in effect if the trainee 
obtains registration as a pharmacy technician.
	SECTION ____.  Chapter 568, Occupations Code, is amended by 
adding Section 568.0036 to read as follows:
	Sec. 568.0036.  SUBMISSION TO MENTAL OR PHYSICAL 
EXAMINATION.  (a)  This section applies to a pharmacy technician, 
pharmacy technician applicant, pharmacy technician trainee, or 
pharmacy technician trainee applicant.
	(b)  In enforcing Section 568.003(a)(5), the board, on 
probable cause, may request a person subject to this section to 
submit to a mental or physical examination by a physician or other 
health care professional designated by the board.
	(c)  If the person refuses to submit to the examination, the 
board shall:
		(1)  issue an order requiring the person to show cause 
why the person will not submit to the examination; and
		(2)  schedule a hearing on the order not later than the 
30th day after the date notice of the order is served on the person 
under Subsection (d).
	(d)  The person shall be notified by either personal service 
or certified mail, return receipt requested.
	(e)  At the hearing, the person and the person's counsel may 
present testimony or other evidence to show why the person should 
not be required to submit to the examination.
	(f)  After the hearing, the board shall, by order:                      
		(1)  require the person to submit to the examination; 
or             
		(2)  withdraw the request for examination.                             
	SECTION ____.  The changes in law made by this Act apply only 
to conduct occurring on or after the effective date of this Act.  
Conduct occurring before the effective date of this Act is governed 
by the law in effect immediately before the effective date of this 
Act, and the former law is continued in effect for that purpose.
	SECTION ____.  This Act takes effect immediately if it 
receives a vote of two-thirds of all the members elected to each 
house, as provided by Section 39, Article III, Texas Constitution.  
If this Act does not receive the vote necessary for immediate 
effect, this Act takes effect September 1, 2009.