Bill Text: TX HB2482 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to pharmacy licensure requirements for certain pharmacies; providing an administrative penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-11 - Referred to Public Health [HB2482 Detail]
Download: Texas-2019-HB2482-Introduced.html
By: Price | H.B. No. 2482 |
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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); [ |
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(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. |