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TITLE 22EXAMINING BOARDS
PART 15TEXAS STATE BOARD OF PHARMACY
CHAPTER 291PHARMACIES
SUBCHAPTER AALL CLASSES OF PHARMACIES
RULE §291.1Pharmacy License Application

(a) To qualify for a pharmacy license, the applicant must submit an application including the following information:

  (1) name and address of pharmacy;

  (2) type of ownership;

  (3) names, addresses, phone numbers, dates of birth, and social security numbers; however, if an individual is unable to obtain a social security number, an individual taxpayer identification number may be provided in lieu of a social security number along with documentation indicating why the individual is unable to obtain a social security number, of all owners; if a partnership or corporation, for all managing officers, the name, title, addresses, phone numbers, dates of birth, and social security numbers; however, if an individual is unable to obtain a social security number, an individual taxpayer identification number may be provided in lieu of a social security number along with documentation indicating why the individual is unable to obtain a social security number;

  (4) name and license number of the pharmacist-in-charge and of other pharmacists employed by the pharmacy;

  (5) anticipated date of opening and hours of operation;

  (6) copy of lease agreement or if the location of the pharmacy is owned by the applicant, a notarized statement certifying such location ownership;

  (7) the signature of the pharmacist-in-charge;

  (8) the notarized signature of the owner, or if the pharmacy is owned by a partnership or corporation, the notarized signature of an owner or managing officer;

  (9) federal tax ID number of the owner;

  (10) description of business services that will be offered;

  (11) name and address of malpractice insurance carrier or statement that the business will be self-insured;

  (12) the certificate of authority, if applicant is an out-of-state corporation;

  (13) the articles of incorporation, if the applicant is a corporation;

  (14) a current Texas Franchise Tax Certificate of Good Standing; and

  (15) any other information requested on the application.

(b) Subsection (c) of this section applies to new pharmacy applications for Class A (Community), Class C (Institutional), or Class F (Freestanding Emergency Medical Care Center) pharmacies owned by a management company with the following exceptions.

  (1) Subsection (c) of this section does not apply to a new pharmacy application submitted by an entity which already owns a pharmacy licensed in Texas.

  (2) Subsection (c)(1) and (3) of this section do not apply to each individual owner or managing officer listed on a new pharmacy application if the individual possesses an active pharmacist license in Texas.

(c) If the pharmacy is to be licensed as a Class A (Community), Class C (Institutional), or Class F (Freestanding Emergency Medical Care Center) pharmacy owned by a management company, the applicant must submit copies of the following documents in addition to the information required in subsection (a) of this section:

  (1) the birth certificate or passport of each individual owner, or, if the pharmacy is owned by a partnership or a closely held corporation:

    (A) one of these documents for each managing officer; and

    (B) a list of all owners of the corporation;

  (2) an approved credit application from a primary wholesaler or other documents showing credit worthiness as approved by the board; and

  (3) a current driver license or state issued photo ID card of each individual owner, or, if the pharmacy is owned by a partnership or a closely held corporation, a current driver license or state issued photo ID card for each managing officer.

(d) The applicant may be required to meet all requirements necessary in order for the Board to access the criminal history record information, including submitting fingerprint information and being responsible for all associated costs. The criminal history information may be required for each individual owner, or if the pharmacy is owned by a partnership or a closely held corporation for each managing officer.

(e) A fee as specified in §291.6 of this title (relating to Pharmacy License Fees) will be charged for the issuance of a pharmacy license.

(f) For purpose of this section, managing officers are defined as the top four executive officers, including the corporate officer in charge of pharmacy operations, who are designated by the partnership or corporation to be jointly responsible for the legal operation of the pharmacy.

(g) Prior to the issuance of a license for a pharmacy located in Texas, the board shall conduct an on-site inspection of the pharmacy in the presence of the pharmacist-in-charge and owner or representative of the owner, to ensure that the pharmacist-in-charge and owner can meet the requirements of the Texas Pharmacy Act and Board Rules.

(h) If the applicant holds an active pharmacy license in Texas on the date of application for a new pharmacy license or for other good cause shown as specified by the board, the board may waive the pre-inspection as set forth in subsection (g) of this section.


Source Note: The provisions of this §291.1 adopted to be effective June 17, 1986, 11 TexReg 2552; amended to be effective July 29, 1987, 12 TexReg 2337; amended to be effective March 1, 2003, 27 TexReg 11535; amended to be effective December 23, 2003, 28 TexReg 11258; amended to be effective December 3, 2006, 31 TexReg 9609; amended to be effective June 7, 2009, 34 TexReg 3390; amended to be effective September 12, 2011, 36 TexReg 5846

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