By: Price H.B. No. 2482
A BILL TO BE ENTITLED
AN ACT
relating to pharmacy licensure requirements for certain
pharmacies; providing an administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 560.052(b), Occupations Code, is amended
to read as follows:
(b) To qualify for a pharmacy license, an applicant must
submit to the board:
(1) a license fee set by the board, except as provided
by Subsection (d); [and]
(2) a completed application that:
(A) is on a form prescribed by the board;
(B) is given under oath;
(C) includes proof that:
(i) a pharmacy license held by the
applicant in this state or another state, if applicable, has not
been restricted, suspended, revoked, or surrendered for any reason;
and
(ii) no owner of the pharmacy for which the
application is made has held a pharmacist license in this state or
another state, if applicable, that has been restricted, suspended,
revoked, or surrendered for any reason; and
(D) includes a statement of:
(i) the ownership;
(ii) the location of the pharmacy;
(iii) the license number of each pharmacist
who is employed by the pharmacy, if the pharmacy is located in this
state, or who is licensed to practice pharmacy in this state, if the
pharmacy is located in another state;
(iv) the pharmacist license number of the
pharmacist-in-charge; and
(v) any other information the board
determines necessary; and
(3) if the applicant is not a pharmacy operated by a
publicly traded company:
(A) a statement disclosing:
(i) the pharmacy's financial investors as
provided by Section 560.0521; and
(ii) the criminal history record
information of each individual owner and financial investor of the
pharmacy, or of each individual managing officer of the pharmacy if
the pharmacy is a partnership or closely held corporation,
accompanied by a complete and legible set of fingerprints of each
individual owner, financial investor, and managing officer, as
applicable; and
SECTION 2. Subchapter B, Chapter 560, Occupations Code, is
amended by adding Sections 560.0521 and 560.0522 to read as
follows:
Sec. 560.0521. FINANCIAL INVESTOR DISCLOSURE STATEMENT.
(a) A disclosure statement of financial investors included with an
application under Section 560.052(b)(3) must include:
(1) the name of each person who is financially
invested in the pharmacy;
(2) the total amount of the financial investment made
by each person; and
(3) the source of the financial investment as required
by Subsection (b).
(b) The disclosure of the source of a financial investment
required by Subsection (a)(3) must include:
(1) if the source is money from a checking or savings
account at a financial institution:
(A) the name and address of the financial
institution; and
(B) the account number from which the financial
investment was obtained or in which the financial investment is
maintained;
(2) if the source is from the sale of property:
(A) the type of property sold; and
(B) if the property sold is real property:
(i) the property's address;
(ii) the buyer's name and address;
(iii) the date of the sale; and
(iv) the amount of the net proceeds from the
sale of the property;
(3) if the source is from a loan:
(A) the date the loan was made;
(B) the amount and terms of the loan;
(C) the collateral securing the loan, if any;
(D) the name and address of the lender; and
(E) a copy of the loan agreement;
(4) if the source is from an inheritance or gift:
(A) the amount of the inheritance or gift; and
(B) the donor's name, address, and relation to
the investor, if any; and
(5) a description of any other source not specified by
this subsection.
SECTION 4. Section 566.001, Occupations Code, is amended to
read as follows:
Sec. 566.001. IMPOSITION OF PENALTY. The board may impose
an administrative penalty on:
(1) a person licensed or regulated under this subtitle
who violates this subtitle or a rule or order adopted under this
subtitle; and
(2) an applicant who fails to disclose criminal
history record information in the manner required by Section
560.052(b).
SECTION 5. The changes in law made by this Act apply to an
application for a pharmacy license or a renewal that is submitted or
a change of ownership by a pharmacy that occurs on or after the
effective date of this Act.
SECTION 6. This Act takes effect September 1, 2019.