Texas Statutes
Subchapter N. Wholesale Distributors of Prescription Drugs
Section 431.404. License Application

Sec. 431.404. LICENSE APPLICATION. (a) An applicant for a license under this subchapter must submit an application to the department on the form prescribed by the department. The application must contain:
(1) the name, full business address, and telephone number of the applicant;
(2) all trade or business names under which the business is conducted;
(3) the address, telephone number, and name of a contact person for each of the applicant's places of business;
(4) the type of business entity and:
(A) if the business is a sole proprietorship, the name of the proprietor;
(B) if the business is a partnership, the name of the partnership and each of the partners; or
(C) if the business is a corporation, the name of the corporation, the place of incorporation, and the name and title of each corporate officer and director;
(5) the name and telephone number of, and any information necessary to complete a criminal history record check on, a designated representative of each place of business; and
(6) a list of all licenses and permits issued to the applicant by any other state under which the applicant is permitted to purchase or possess prescription drugs.
(b) Each person listed in Subsection (a)(5) shall provide the following to the department:
(1) the person's places of residence for the past seven years;
(2) the person's date and place of birth;
(3) the person's occupations, positions of employment, and offices held during the past seven years;
(4) the business name and address of any business, corporation, or other organization in which the person held an office under Subdivision (3) or in which the person conducted an occupation or held a position of employment;
(5) a statement of whether during the preceding seven years the person was the subject of a proceeding to revoke a license or a criminal proceeding and the nature and disposition of the proceeding;
(6) a statement of whether during the preceding seven years the person has been enjoined, either temporarily or permanently, by a court from violating any federal or state law regulating the possession, control, or distribution of prescription drugs, including the details concerning the event;
(7) a written description of any involvement by the person as an officer or director with any business, including any investments, other than the ownership of stock in a publicly traded company or mutual fund during the past seven years, that manufactured, administered, prescribed, distributed, or stored pharmaceutical products and any lawsuits in which the businesses were named as a party;
(8) a description of any misdemeanor or felony offense for which the person, as an adult, was found guilty, regardless of whether adjudication of guilt was withheld or whether the person pled guilty or nolo contendere;
(9) a description of any criminal conviction of the person under appeal, a copy of the notice of appeal for that criminal offense, and a copy of the final written order of an appeal not later than the 15th day after the date of the appeal's disposition; and
(10) a photograph of the person taken not earlier than 180 days before the date the application was submitted.
(c) The information submitted under Subsection (b) must be attested to under oath.
(d) An applicant or license holder shall submit to the department any change in or correction to the information required under this section in the form and manner prescribed by department rule.
Added by Acts 2005, 79th Leg., Ch. 282 (H.B. 164), Sec. 3(g), eff. March 1, 2006.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 980 (S.B. 943), Sec. 5, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1007, eff. April 2, 2015.