GENERAL GOVERNMENT CABINET

Kentucky Board of Pharmacy

(Amendment)

 

      201 KAR 2:030. License Transfer.

 

      RELATES TO: KRS 315.191(1)(c), (d), 315.210

      STATUTORY AUTHORITY: KRS 218A.205(7), 315.191(1)(a), (c), (d), 315.210

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 315.210 requires the board to establish conditions for licensure by reciprocity. KRS 218A.205(7) requires the board to establish requirements for background checks for licensees. This administrative regulation establishes conditions, forms, and examination requirements for licensure by reciprocity.

 

      Section 1. Definitions. (1) "Board" is defined by KRS 315.010(3).

      (2) "License transfer" means a license to practice pharmacy in Kentucky issued by the board to a pharmacist licensed in another jurisdiction.

      (3) "NABP" means the National Association of Boards of Pharmacy.

 

      Section 2. An applicant licensed in another jurisdiction shall be eligible for license transfer, if the:

      (1) Requirements for licensure of the jurisdiction that granted his or her license met or exceeded Kentucky requirements for licensure at the time the license in the other jurisdiction was granted;

      (2) Applicant holds[has held] in good standing, an active license to practice pharmacy[during the entire year preceding the time of filing an application];

      (3) Applicant has:

      (a) Completed and certified the NABP Preliminary Application for Transfer of Pharmacist License form; and

      (b) Received an NABP Official Application for Transfer of Pharmacist License;

      (4) Applicant is currently in good standing in the jurisdiction from which he or she has applied;

      (5) Applicant has successfully completed an examination in jurisprudence;

      (6) Applicant has submitted to a nation-wide criminal background investigation by means of fingerprint check by the Department of Kentucky State Police and the Federal Bureau of Investigation; and

      (7) Applicant has submitted to a query to the National Practitioner Data Bank of the United States Department of Health and Human Services.

 

      Section 3. Required Information. An applicant shall provide the information required by the NABP Preliminary Application for Transfer of Pharmacist License form, including:

      (1) Name, maiden, and other names used currently or previously;

      (2) Address, telephone number;

      (3) Date and place of birth, and current age;

      (4) Social Security number;

      (5) Citizenship;

      (6) Gender;

      (7) State of original license by examination, including:

      (a) License number;

      (b) Original date of issue;

      (c) Current status of original licensure; and

      (d) State for which license transfer is requested;

      (8) Pharmacy education, including:

      (a) Name and location of pharmacy school;

      (b) Name of pharmacy degree;

      (c) Date degree was received;

      (d) Other professional degrees, including the information specified by paragraphs (a) to (c) of this subsection;

      (9) Whether the applicant has earned certification by the Foreign Pharmacy Graduate Examination Committee, and, if so, the examination equivalency number assigned;

      (10) Total hours of practical experience prior to licensure as a pharmacist, including the State Board of Pharmacy with which the hours are filed;

      (11) States, dates, and results of pharmacist licensure examinations;

      (12) Pharmacist licenses obtained by:

      (a) Score transfer; and

      (b) Licensure transfer;

      (13) Practice and employment, including nonpharmacist employment, from initial licensure to the date of filing the application; and

      (14) Record of charges, convictions, and fines imposed, or certification that the applicant has not been convicted, fined, or disciplined, or had a license revoked.

 

      Section 4. The board shall accept a license transfer from a jurisdiction that:

      (1) Is an active member of the NABP; and

      (2) Grants license transfer to a pharmacist pursuant to conditions and requirements that are the equivalent of conditions and requirements established by the board.

 

      Section 5. An applicant shall take and pass the Multistate Pharmacy Jurisprudence Examination administered by the NABP.

 

      Section 6. Fee. An applicant shall include the fee specified by 201 KAR 2:050, Section 1(2), (20).

 

      Section 7. (1) "NABP Preliminary Application for Transfer of Pharmacist License", 3/06, is incorporated by reference.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law at the Kentucky Board of Pharmacy, State Office Building Annex, Suite 300, 125 Holmes Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

 

CATHY HANNA, President

      APPROVED BY AGENCY: July 14, 2014

      FILED WITH LRC: July 15, 2014 at 9 a.m.

      PUBLIC HEARING PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on Thursday August 28, 2014 at 9:00 a.m. at the Board’s office, State Office Building Annex, Suite 300, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in attending this hearing shall notify this agency in writing by five workdays prior to this hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be cancelled. This hearing is open to the public. Any person will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to attend the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until close of business on Tuesday, September 2, 2014. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to:

      CONTACT PERSON: Michael Burleson, Executive Director, Kentucky Board of Pharmacy, State Office Building Annex, Suite 300, 125 Holmes Street, Frankfort, Kentucky 40601, phone (502) 564-7910, fax (502) 696-3806.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact person: Michael Burleson

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: This administrative regulation establishes the board procedure for a pharmacist to reciprocate their pharmacist license to Kentucky.

      (b) The necessity of this administrative regulation: This regulation is necessary to establish procedures for allowing a pharmacist licensed in another state to reciprocate to Kentucky.

      (c) How this administrative regulation conforms to the content of the authorizing statues: The regulation is in conformity with the authorizing statute that authorizes the board to promulgate administrative regulations regarding pharmacists reciprocating to Kentucky.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This regulation delineates the procedures for pharmacists to reciprocate his/her pharmacist license to Kentucky.

      (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

      (a) How the amendment will change this existing administrative regulation: This amendment will allow a pharmacist to reciprocate to Kentucky without having to wait one year from licensure by another state board of pharmacy.

      (b)The necessity of the amendment to this administrative regulation: Requires the board to change the procedure in which a pharmacist can reciprocate his/her pharmacist license to Kentucky.

      (c) How the amendment conforms to the content of the authorizing statutes: This amendment authorizes the board to promulgate regulations regarding a pharmacist reciprocating his/her pharmacist license to Kentucky.

      (d) How the amendment will assist in the effective administration of the statutes: This amendment will require the board to have procedures in place to allow a pharmacist to reciprocate to Kentucky from another state without having to wait one year.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: The board anticipates that this will affect any hospital utilizing an automated pharmacy system.

      (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

      (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation: Pharmacists that reciprocate his/her pharmacist license from another state will not have to wait one year from the time he/she is licensed in another state.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): None.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Pharmacists will have a regulation that will provide them the ability to reciprocate to Kentucky immediately upon becoming licensed in another state.

      (5) Provide an estimate of how much it will cost to implement this administrative regulation:

      (a) Initially: No new costs initially.

      (b) On a continuing basis: No costs on a continuing basis.

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: No funding is required.

      (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: None.

      (8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees: This administrative regulation will not establish a fee.

      (9) TIERING: Is tiering applied? Tiering was not applied as the regulation is applicable to any pharmacist reciprocating to Kentucky.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

      (1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? The Kentucky Board of Pharmacy will be impacted by this administrative regulation.

      (2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 315.191(1) (a) requires or authorizes the action taken by this administrative regulation.

      (3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.

      (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? None

      (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? None

      (c) How much will it cost to administer this program for the first year? None

      (d) How much will it cost to administer this program for subsequent years? None

      Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

      Revenues (+/-):

      Expenditures (+/-):

      Other Explanation: