Sec. 411.12517.   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 license, certificate, registration, permit, or other authorization under Chapters 557, 558, 559, and 568, Occupations Code;
(2)  is an applicant for or holder of a Class A, Class B, Class C, Class D, or Class E pharmacy license under Chapters 560 and 561, Occupations Code;
(3)  requests a determination of eligibility for a license, certificate, registration, permit, or other authorization from the Texas State Board of Pharmacy; or
(4)  is an applicant for employment at or current employee of the Texas State Board of Pharmacy.
(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); 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).
(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.
Added by Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 56, eff. June 13, 2023.