Tex. Health & Safety Code Section 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.

Source: Section 431.404 — License Application, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­431.­htm#431.­404 (accessed Apr. 13, 2024).

431.001
Short Title
431.002
Definitions
431.003
Article Misbranded Because of Misleading Labeling or Advertising
431.004
Representation of Drug as Antiseptic
431.005
Provisions Regarding Sale of Food, Drugs, Devices, or Cosmetics
431.006
Certain Combination Products
431.007
Compliance with Other Law
431.008
Applicability of Chapter to Distressed or Reconditioned Merchandise and Certain Licensed Entities
431.009
Applicability of Chapter to Frozen Desserts
431.010
Applicability of Chapter to Milk and Milk Products
431.011
Applicability of Chapter to Consumable Hemp Products and Manufacturers
431.021
Prohibited Acts
431.022
Offense: Transfer of Product Containing Ephedrine
431.023
Limited Exemption for Distressed Food, Drugs, Devices, or Cosmetics
431.041
Definition
431.042
Inspection
431.043
Access to Records
431.044
Access to Records Showing Movement in Commerce
431.045
Emergency Order
431.046
Violation of Rules
431.047
Violation
431.048
Detained or Embargoed Article
431.049
Removal Order for Detained or Embargoed Article
431.050
Condemnation
431.051
Destruction of Article
431.052
Correction by Proper Labeling or Processing
431.053
Condemnation of Perishable Articles
431.054
Administrative Penalty
431.055
Administrative Penalty Assessment Procedure
431.056
Payment of Administrative Penalty
431.057
Refund of Administrative Penalty
431.058
Recovery of Administrative Penalty by Attorney General
431.059
Criminal Penalty
431.060
Initiation of Proceedings
431.061
Minor Violation
431.081
Adulterated Food
431.082
Misbranded Food
431.083
Food Labeling Exemptions
431.084
Emergency Permits for Foods Contaminated with Microorganisms
431.111
Adulterated Drug or Device
431.112
Misbranded Drug or Device
431.113
Exemption for Certain Drugs and Devices
431.114
New Drugs
431.115
New Animal Drugs
431.116
Average Manufacturer Price
431.117
Priority for Health Care Providers in Distribution of Influenza Vaccine
431.141
Adulterated Cosmetic
431.142
Misbranded Cosmetic
431.161
Poisonous or Deleterious Substances
431.171
Designation of Consumer Commodity as Abusable Synthetic Substance
431.172
Applicability of Chapter to Abusable Synthetic Substance
431.181
Fair Packaging and Labeling
431.182
False Advertisement
431.183
False Advertisement of Drug or Device
431.201
Definitions
431.202
License Required
431.203
Contents of License Statement
431.204
Fees
431.206
Change of Location of Place of Business
431.207
Refusal to License
431.208
Reporting of Purchase Price
431.0211
Exception
431.221
Definitions
431.222
License Required
431.223
Contents of License Application
431.224
Fees
431.225
Expiration Date
431.226
Refusal to Grant License
431.227
Food Safety Best Practice Education Program
431.241
Rulemaking Authority
431.242
Contested Case Hearings and Appeals
431.244
Federal Regulations Adopted as State Rules
431.245
Definition or Standard of Identity, Quality, or Fill of Container
431.246
Removal of Adulterated Item from Stores
431.247
Delegation of Powers or Duties
431.248
Memorandum of Understanding with Department of Agriculture
431.249
Dissemination of Information
431.250
Public Comments for Federal Grants and Contracts
431.271
Definitions
431.272
License Required
431.273
Exemption from Licensing
431.274
License Application
431.276
Fees
431.278
Change of Location of Place of Business
431.279
Refusal to License
431.321
Definitions
431.322
Donation of Unused Drugs to Charitable Medical Clinic
431.323
Circumstances Under Which Donated Drugs May Be Accepted and Dispensed
431.324
Rules
431.325
Limitation on Liability
431.401
Definitions
431.402
License Required
431.403
Exemption from Licensing
431.404
License Application
431.405
Qualifications for License
431.406
Effect of Operation in Other Jurisdictions
431.407
Criminal History Record Information
431.409
Fees
431.410
Change of Location of Place of Business
431.411
Minimum Restrictions on Transactions
431.412
Pedigree Required
431.413
Pedigree Contents
431.414
Refusal to License
431.415
Order to Cease Distribution
431.0495
Recall Orders
431.0585
Civil Penalty
431.0805
Definitions
431.2011
Applicability of Subchapter
431.2031
Effect of Operation in Other Jurisdictions
431.2211
Application of Subchapter
431.2245
Processing of Licensing Fees
431.2251
Change in Location of Place of Business
431.4011
Ongoing Relationship
431.4012
Applicability of Subchapter
431.4031
Exemption from Certain Provisions for Certain Wholesale Distributors
431.4045
Inspection Required
431.4095
Renewal Notification

Accessed:
Apr. 13, 2024

§ 431.404’s source at texas​.gov