1. (a) When a pharmacy changes ownership, a new/completed pharmacy application must be filed with the board and the licensed issued to previous owner shall be returned to the board.

2. (b) The new application shall include the following information:

   1. (1) the name and address of pharmacy;
   2. (2) the type of ownership;
   3. (3) the names, home addresses, dates of birth, phone numbers, and social security numbers of all owners; if a partnership or corporation, the name, title, home address, home phone number, date of birth, and social security number of all managing officers;
   4. (4) the name and license number of the pharmacist-in-charge and of other pharmacists employed by the pharmacy;
   5. (5) a copy of lease agreement or alternatively, a notarized statement signed by the lessee and lessor certifying the existence of a lease agreement, or if the location of the pharmacy is owned by the applicant, a notarized statement certifying such location ownership;
   6. (6) a copy of the purchase contract or mutual agreement between the buyer and seller, or a notarized statement of intent to convey ownership signed by both the buyer and seller, stating the proposed date of ownership change;
   7. (7) the signature of the pharmacist-in-charge;
   8. (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. (9) federal tax ID number;
   10. (10) description of business services that will be offered;
   11. (11) name and address of malpractice insurance carrier or statement that the business will be self-insured;
   12. (12) the certificate of authority, if applicant is an out-of-state corporation;
   13. (13) the articles of incorporation, if the applicant is a corporation;
   14. (14) a current Texas Franchise Tax Certificate of Good Standing; and
   15. (15) any other information requested on the application.

3. (c) Subsection (d) of this section applies to all change of ownership applications for Class A (Community) pharmacies or Class C (Institutional) pharmacies owned by a management company with the following exceptions.

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

4. (d) If the pharmacy is to be licensed as a Class A (Community) Pharmacy or a Class C (Institutional) pharmacy owned by a management company, the applicant must submit copies of the following documents in addition to the information required in subsection (b) of this section:

   1. (1) the birth certificate, passport, or other document proving the date of birth of the owner, or, if the pharmacy is owned by a partnership or a closely held corporation:

      1. (A) one of these documents for each managing officer; and
      2. (B) a list of all owners of the corporation;
   2. (2) an approved credit application from a primary wholesaler or other documents showing credit worthiness as approved by the Board; and
   3. (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.
5. (e) A fee as specified in §291.6 of this title (relating to Pharmacy License Fees) will be charged for issuance of a new license.

Source Note:The provisions of this §291.4 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.