§ 560.052 — QUALIFICATIONS.

Texas § 560.052

• Jurisdiction: Texas
• Code OC: Occupations Code

Text

Sec. 560.052. QUALIFICATIONS. (a) The board by rule shall establish the standards that each pharmacy and the pharmacy's employees involved in the practice of pharmacy must meet to qualify for licensing as a pharmacy in each classification.
(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);
(2) a completed application that:
(A) is on a form prescribed by the board;
(B) includes notice that a surety bond may be required under Section 565.0551 ;
(C) is given under oath;
(D) 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
(E) 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) a disclosure statement required under Section 560.0521 , unless:
(A) the pharmacy for which the application is made is operated by a publicly traded company;
(B) the pharmacy for which the application is made is wholly owned by a retail grocery store chain; or
(C) the applicant is applying for a Class B or Class C pharmacy license.
(c) A pharmacy located in another state that applies for a license, in addition to satisfying the other requirements of this chapter, must provide to the board:
(1) evidence that the applicant holds a pharmacy license, registration, or permit in good standing issued by the state in which the pharmacy is located;
(2) the name of the owner and pharmacist-in-charge of the pharmacy for service of process;
(3) evidence of the applicant's ability to provide to the board a record of a prescription drug order dispensed or delivered as authorized by Subchapter D , Chapter 562 , by the applicant to a resident of or practitioner in this state not later than 72 hours after the time the board requests the record;
(4) an affidavit by the pharmacist-in-charge that states that the pharmacist has read and understands the laws and rules relating to the applicable license;
(5) proof of creditworthiness;
(6) an inspection report issued:
(A) not more than two years before the date the license application is received; and
(B) by the pharmacy licensing board in the state of the pharmacy's physical location, except as provided by Subsection (f); and
(7) any other information the board determines necessary.
(d) A pharmacy operated by the state or a local government that qualifies for a Class D pharmacy license is not required to pay a fee to obtain a license.
(e) With respect to a Class C pharmacy license, the board may issue a license to a pharmacy on certification by the appropriate agency that the facility in which the pharmacy is located has substantially completed the requirements for licensing.
(f) A Class E pharmacy may submit an inspection report issued by an entity other than the pharmacy licensing board of the state in which the pharmacy is physically located if:
(1) the state's licensing board does not conduct inspections;
(2) the inspection is substantively equivalent to an inspection conducted by the board, as determined by board rule; and
(3) the inspecting entity meets specifications adopted by the board for inspecting entities.
(g) A license may not be issued to a pharmacy that compounds sterile preparations unless the pharmacy has been inspected by the board to ensure the pharmacy meets the safety standards and other requirements of this subtitle and board rules.
(h) The board may accept, as satisfying the inspection requirement in Subsection (g) for a pharmacy located in another state, an inspection report issued by the pharmacy licensing board in the state in which the pharmacy is located if:
(1) the board determines that the other state has comparable standards and regulations applicable to pharmacies, including standards and regulations related to health and safety; and
(2) the pharmacy provides to the board any requested documentation related to the inspection.

Legislative History

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.306(a), eff. Sept. 1, 2001. Amended by: Acts 2005, 79th Leg., Ch. 1345 (S.B. 410 ), Sec. 18, eff. September 1, 2005. Acts 2013, 83rd Leg., R.S., Ch. 583 (S.B. 869 ), Sec. 10, eff. June 14, 2013. Acts 2013, 83rd Leg., R.S., Ch. 608 (S.B. 1100 ), Sec. 3, eff. September 1, 2013. Acts 2015, 84th Leg., R.S., Ch. 599 (S.B. 460 ), Sec. 7, eff. September 1, 2015. Acts 2019, 86th Leg., R.S., Ch. 895 (H.B. 3496 ), Sec. 1, eff. January 1, 2020.