Texas § OC.560.0521 - SWORN DISCLOSURE STATEMENT

§ OC.560.0521. SWORN DISCLOSURE STATEMENT

SWORN DISCLOSURE STATEMENT. (a) A disclosure statement included with an application under Section 560.052 (b)(3) must include: (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 Subdivision (2); (4) the total amount or percentage of the financial investment made by each person described by Subdivision (2); and (5) the name of each of the following persons, if applicable, connected to the pharmacy if the person is not otherwise disclosed under Subdivision (2) or (3): (A) a partner; (B) an officer; (C) a director; (D) a managing employee; (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. (b) An applicant shall notify the board not later than the 60th day after the date any administrative sanction or criminal penalty is imposed against a person described by Subsection (a). (c) The board may adopt rules regarding the disclosure of the source of a financial investment under Subsection (a). (d) A disclosure statement under this section shall be given under oath as prescribed by board rule. (e) Information contained in a disclosure statement under this section is confidential and not subject to disclosure under Chapter 552 , Government Code. Added by Acts 2019, 86th Leg., R.S., Ch. 895 (H.B. 3496 ), Sec. 2, eff. January 1, 2020.