| (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:
(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.
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