22 Tex. Admin. Code § 291.4 - Sworn Disclosure Statement
(a) The
following words and terms, when used in this section, shall have the following
meanings:
(1) Publicly traded company--a
company with a class of securities registered under section 12 of the
Securities Exchange Act of 1934 (15 U.S.C.
§
78l) or that is required to file
reports under section 15(d) of the Securities Exchange Act of 1934
(15 U.S.C. §
78o(d)).
(2) Retail grocery store chain--ten or more
stores under the same ownership which primarily sell produce, food, and
beverage products that are intended for off premises
consumption.
(b) To
qualify for a pharmacy license, a sworn disclosure statement form must be
submitted to the board, unless:
(1) the
pharmacy for which the application is made is operated by a publicly traded
company;
(2) the pharmacy for which
the application is made is wholly owned by a retail grocery store chain;
or
(3) the applicant is applying
for a Class B or Class C pharmacy license.
(c) The sworn disclosure statement form must
be notarized and must include any information requested on the form, including:
(1) the name of the pharmacy;
(2) the name of each person who has a direct
financial investment in the pharmacy;
(3) the name of each person who:
(A) is not an individual;
(B) has any financial investment in the
pharmacy; and
(C) is not otherwise
disclosed under paragraph (2) of this subsection;
(4) the total amount or percentage of the
financial investment made by each person described by paragraph (2) of this
subsection; and
(5) the name of
each of the following persons, if applicable, connected to the pharmacy if the
person is not otherwise disclosed under paragraph (2) or (3) of this
subsection:
(A) a partner;
(B) an officer;
(C) a director;
(D) a managing employee;
(E) an owner or person who controls the
owner; and
(F) a person who acts as
a controlling person of the pharmacy through the exercise of direct or indirect
influence or control over the management of the pharmacy, the expenditure of
money by the pharmacy, or a policy of the pharmacy, including:
(i) a management company, landlord, marketing
company, or similar person who operates or contracts for the operation of a
pharmacy and, if the pharmacy is a publicly traded corporation or is controlled
by a publicly traded corporation, an officer or director of the corporation but
not a shareholder or lender of the corporation;
(ii) an individual who has a personal,
familial, or other relationship with an owner, manager, landlord, tenant, or
provider of a pharmacy that allows the individual to exercise actual control of
the pharmacy; and
(iii) any other
person the board by rule requires to be included based on the person's exercise
of direct or indirect influence or control.
Notes
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