SECTION 291.1. Pharmacy License Application

(a) To qualify for a pharmacy license, the applicant must submit an application which includes any information requested on the application and, as required by §560.052(b) of the Act, a sworn disclosure statement as specified in §291.4 of this title (relating to Sworn Disclosure Statement).

(b) 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.

(c) 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.

(d) For the purposes 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.

(e) 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.

(f) 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 (e) 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; amended to be effective March 15, 2015, 40 TexReg 1086; amended to be effective September 11, 2016, 41 TexReg 6697; amended to be effective September 16, 2018, 43 TexReg 5778; amended to be effective March 5, 2020, 45 TexReg 1423