ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS STATE BOARD OF PHARMACY.

(a) The Texas State Board of Pharmacy is entitled to obtain criminal history record information as provided by Subsection (b) that relates to a person who:

(1) is an applicant for or holder of a registration as a pharmacist-intern under Section 557.001, Occupations Code;

(2) is an applicant for or holder of a license by examination to practice pharmacy under Section 558.051, Occupations Code;

(3) is an applicant for or holder of a license by reciprocity to practice pharmacy under Section 558.101, Occupations Code;

(4) is an applicant for or holder of a provisional license to practice pharmacy under Subchapter D, Chapter 558, Occupations Code;

(5) is an applicant for or holder of a registration as a pharmacy technician or a pharmacy technician trainee under Section 568.002, Occupations Code;

(6) requests a determination of eligibility for a license, certificate, registration, permit, or other authorization from the Texas State Board of Pharmacy under Subchapter D, Chapter 53, Occupations Code; or

(7) is an applicant for employment at or current employee of the Texas State Board of Pharmacy.

(a-1) The Texas State Board of Pharmacy is entitled to obtain a complete set of fingerprints from a person described by Subsection (a).

(a-2) The Texas State Board of Pharmacy is entitled to obtain criminal history record information as provided by Subsection (b) that relates to a person who is:

(1) a partner, officer, director, managing employee, or owner or person who controls the owner of a pharmacy; and

(2) an applicant for or a holder of a Class A, B, C, D, or E pharmacy license issued under Section 560.051, Occupations Code.

(b) Subject to Section 411.087 and consistent with the public policy of this state, the Texas State Board of Pharmacy is entitled to:

(1) obtain through the Federal Bureau of Investigation criminal history record information maintained or indexed by that bureau that pertains to a person described by Subsection (a) or (a-2); and

(2) obtain from the department or any other criminal justice agency in this state criminal history record information maintained by the department or that criminal justice agency that relates to a person described by Subsection (a) or (a-2).

(c) The Texas State Board of Pharmacy may not release or disclose to any person criminal history record information obtained from the Federal Bureau of Investigation under Subsection (b)(1). Criminal history record information obtained by the Texas State Board of Pharmacy under Subsection (b)(2) may not be released or disclosed to any person except on court order, with the written consent of the person who is the subject of the criminal history record information, or as provided by Subsection (d).

(d) The Texas State Board of Pharmacy is not prohibited from disclosing criminal history record information obtained under Subsection (b)(2) in a criminal proceeding or in a hearing conducted by the Texas State Board of Pharmacy or the State Office of Administrative Hearings.

(e) The Texas State Board of Pharmacy shall destroy criminal history record information obtained under this section after a final determination is made in the matter for which the information was obtained.

(g) The failure or refusal of an employee of or an applicant for employment at the Texas State Board of Pharmacy to provide the following on request constitutes good cause for dismissal or refusal to hire:

(1) a complete set of fingerprints;

(2) a true and complete name; or

(3) other information necessary for a law enforcement entity to obtain criminal history record information.

(h) An applicant for renewal of a license or registration described by Subsection (a) who has not yet submitted a complete set of fingerprints as part of a previous application for the license or registration shall submit to the Texas State Board of Pharmacy a complete set of fingerprints with the person's completed application for renewal. Failure to submit a complete set of fingerprints under this subsection may result in a suspension or refusal to renew the applicable license or registration by the Texas State Board of Pharmacy.