Texas 2019 - 86th Regular

Texas House Bill HB2482 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Price H.B. No. 2482
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to pharmacy licensure requirements for certain
7	7	pharmacies; providing an administrative penalty.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 560.052(b), Occupations Code, is amended
10	10	to read as follows:
11	11	(b) To qualify for a pharmacy license, an applicant must
12	12	submit to the board:
13	13	(1) a license fee set by the board, except as provided
14	14	by Subsection (d); [and]
15	15	(2) a completed application that:
16	16	(A) is on a form prescribed by the board;
17	17	(B) is given under oath;
18	18	(C) includes proof that:
19	19	(i) a pharmacy license held by the
20	20	applicant in this state or another state, if applicable, has not
21	21	been restricted, suspended, revoked, or surrendered for any reason;
22	22	and
23	23	(ii) no owner of the pharmacy for which the
24	24	application is made has held a pharmacist license in this state or
25	25	another state, if applicable, that has been restricted, suspended,
26	26	revoked, or surrendered for any reason; and
27	27	(D) includes a statement of:
28	28	(i) the ownership;
29	29	(ii) the location of the pharmacy;
30	30	(iii) the license number of each pharmacist
31	31	who is employed by the pharmacy, if the pharmacy is located in this
32	32	state, or who is licensed to practice pharmacy in this state, if the
33	33	pharmacy is located in another state;
34	34	(iv) the pharmacist license number of the
35	35	pharmacist-in-charge; and
36	36	(v) any other information the board
37	37	determines necessary; and
38	38	(3) if the applicant is not a pharmacy operated by a
39	39	publicly traded company:
40	40	(A) a statement disclosing:
41	41	(i) the pharmacy's financial investors as
42	42	provided by Section 560.0521; and
43	43	(ii) the criminal history record
44	44	information of each individual owner and financial investor of the
45	45	pharmacy, or of each individual managing officer of the pharmacy if
46	46	the pharmacy is a partnership or closely held corporation,
47	47	accompanied by a complete and legible set of fingerprints of each
48	48	individual owner, financial investor, and managing officer, as
49	49	applicable; and
50	50	SECTION 2. Subchapter B, Chapter 560, Occupations Code, is
51	51	amended by adding Sections 560.0521 and 560.0522 to read as
52	52	follows:
53	53	Sec. 560.0521. FINANCIAL INVESTOR DISCLOSURE STATEMENT.
54	54	(a) A disclosure statement of financial investors included with an
55	55	application under Section 560.052(b)(3) must include:
56	56	(1) the name of each person who is financially
57	57	invested in the pharmacy;
58	58	(2) the total amount of the financial investment made
59	59	by each person; and
60	60	(3) the source of the financial investment as required
61	61	by Subsection (b).
62	62	(b) The disclosure of the source of a financial investment
63	63	required by Subsection (a)(3) must include:
64	64	(1) if the source is money from a checking or savings
65	65	account at a financial institution:
66	66	(A) the name and address of the financial
67	67	institution; and
68	68	(B) the account number from which the financial
69	69	investment was obtained or in which the financial investment is
70	70	maintained;
71	71	(2) if the source is from the sale of property:
72	72	(A) the type of property sold; and
73	73	(B) if the property sold is real property:
74	74	(i) the property's address;
75	75	(ii) the buyer's name and address;
76	76	(iii) the date of the sale; and
77	77	(iv) the amount of the net proceeds from the
78	78	sale of the property;
79	79	(3) if the source is from a loan:
80	80	(A) the date the loan was made;
81	81	(B) the amount and terms of the loan;
82	82	(C) the collateral securing the loan, if any;
83	83	(D) the name and address of the lender; and
84	84	(E) a copy of the loan agreement;
85	85	(4) if the source is from an inheritance or gift:
86	86	(A) the amount of the inheritance or gift; and
87	87	(B) the donor's name, address, and relation to
88	88	the investor, if any; and
89	89	(5) a description of any other source not specified by
90	90	this subsection.
91	91	SECTION 4. Section 566.001, Occupations Code, is amended to
92	92	read as follows:
93	93	Sec. 566.001. IMPOSITION OF PENALTY. The board may impose
94	94	an administrative penalty on:
95	95	(1) a person licensed or regulated under this subtitle
96	96	who violates this subtitle or a rule or order adopted under this
97	97	subtitle; and
98	98	(2) an applicant who fails to disclose criminal
99	99	history record information in the manner required by Section
100	100	560.052(b).
101	101	SECTION 5. The changes in law made by this Act apply to an
102	102	application for a pharmacy license or a renewal that is submitted or
103	103	a change of ownership by a pharmacy that occurs on or after the
104	104	effective date of this Act.
105	105	SECTION 6. This Act takes effect September 1, 2019.