Section 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:(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.22 Tex. Admin. Code § 291.4
Adopted by Texas Register, Volume 45, Number 09, February 28, 2020, TexReg 1423, eff. 3/5/2020