Sec. 431.414. REFUSAL TO LICENSE; SUSPENSION OR REVOCATION OF LICENSE. (a) The department may refuse an application for a license or may suspend or revoke a license if the applicant or license holder:
(1) has been convicted of a felony or misdemeanor that involves moral turpitude;
(2) is an association, partnership, or corporation and the managing officer has been convicted of a felony or misdemeanor that involves moral turpitude;
(3) has been convicted in a state or federal court of the illegal use, sale, or transportation of intoxicating liquors, narcotic drugs, barbiturates, amphetamines, desoxyephedrine, their compounds or derivatives, or any other dangerous or habit-forming drugs;
(4) is an association, partnership, or corporation and the managing officer has been convicted in a state or federal court of the illegal use, sale, or transportation of intoxicating liquors, narcotic drugs, barbiturates, amphetamines, desoxyephedrine, their compounds or derivatives, or any other dangerous or habit-forming drugs;
(5) has not complied with this subchapter or the rules implementing this subchapter;
(6) has violated Section 431.021(l)(3), relating to the counterfeiting of a drug or the sale or holding for sale of a counterfeit drug;
(7) has violated Chapter 481 or 483; or
(8) has violated the rules of the public safety director of the Department of Public Safety, including being responsible for a significant discrepancy in the records that state law requires the applicant or license holder to maintain.
(a-1) The department may suspend or revoke a license if the license holder no longer meets the qualifications for obtaining a license under Section 431.405.
(b) The executive commissioner by rule shall establish minimum standards required for the issuance or renewal of a license under this subchapter.
(c) The department shall deny a license application that is incomplete, contains false, misleading, or incorrect information, or contains information that cannot be verified by the department.
(d) The refusal to license an applicant or the suspension or revocation of a license by the department and the appeal from that action are governed by the procedures for a contested case hearing under Chapter 2001, Government Code.
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. 13, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1011, eff. April 2, 2015.
Structure Texas Statutes
Title 6 - Food, Drugs, Alcohol, and Hazardous Substances
Subtitle A - Food and Drug Health Regulations
Chapter 431 - Texas Food, Drug, and Cosmetic Act
Subchapter N. Wholesale Distributors of Prescription Drugs
Section 431.4011. Ongoing Relationship
Section 431.4012. Applicability of Subchapter
Section 431.402. License Required
Section 431.403. Exemption From Licensing
Section 431.4031. Exemption From Certain Provisions for Certain Wholesale Distributors
Section 431.404. License Application
Section 431.4045. Inspection Required
Section 431.405. Qualifications for License
Section 431.406. Effect of Operation in Other Jurisdictions; Reports
Section 431.407. Criminal History Record Information
Section 431.4095. Renewal Notification; Change or Renewal
Section 431.410. Change of Location of Place of Business
Section 431.411. Minimum Restrictions on Transactions
Section 431.412. Pedigree Required
Section 431.413. Pedigree Contents
Section 431.414. Refusal to License; Suspension or Revocation of License