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

   1. (1) name and address of pharmacy;
   2. (2) type of ownership;
   3. (3) names, addresses, phone numbers, dates of birth, copies of social security cards or other official documents showing the social security numbers as approved by the board, and copies of current driver's licenses, state issued photo identification cards, or passports of all owners, or of all managing officers if the pharmacy is owned by a partnership or corporation. 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. (4) name and license number of the pharmacist-in-charge;
   5. (5) name(s) and license number(s) of other pharmacists employed by the pharmacy;
   6. (6) anticipated date of opening and hours of operation;
   7. (7) copy of lease agreement or if the location of the pharmacy is owned by the applicant, a notarized statement certifying such location ownership;
   8. (8) the signature of the pharmacist-in-charge;
   9. (9) 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;
   10. (10) federal tax ID number of the owner;
   11. (11) description of business services that will be offered;
   12. (12) name and address of malpractice insurance carrier or statement that the business will be self-insured;
   13. (13) documents from a primary wholesaler showing credit worthiness or other documents showing credit worthiness as approved by the board;
   14. (14) official copy of the business formation documents filed with the Secretary of State;
   15. (15) current certificate of Good Standing for the business structure from the state where the business structure is located; and
   16. (16) any other information requested on the application.
2. (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.
3. (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.
4. (d) 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.
5. (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.
6. (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.