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