(a) For the purposes of §565.002(a)(7) of the
Texas Pharmacy Act, the following words and terms shall be defined
as follows.
(1) "Failure to engage in the business described in
the application for a license" means the holder of a pharmacy license
has not commenced operating the pharmacy within six months of the
date of issuance of the license.
(2) "Ceased to engage in the business described in
the application for a license" means the holder of a pharmacy license,
once it has been in operation, discontinues operating the pharmacy
for a period of 30 days or longer unless the pharmacy experiences
a fire or disaster, in which case the pharmacy must comply with §291.3(g)
of this title (relating to Required Notifications).
(b) For the purposes of this section, the term "operating
the pharmacy" means the pharmacy shall demonstrate observable pharmacy
business activity on a regular, routine basis, including a sufficient
number of transactions of receiving, processing, or dispensing prescription
drug orders or medication drug orders.
(c) No person may operate a pharmacy in a personal
residence.
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Source Note: The provisions of this §291.11 adopted to be effective June 13, 2002, 27 TexReg 4947; amended to be effective March 10, 2011, 36 TexReg 1511; amended to be effective June 9, 2021, 46 TexReg 3520 |