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Kentucky Proposes First-in-Nation Non-Resident Pharmacist License—What’s Next?

Health & Life Sciences Nick Meza, Brenda Shafer, Roxanne Hilton

During its August 31, 2022 meeting, the Kentucky Board of Pharmacy (“Board”) voted to move forward with the rule promulgation process for proposed amendments to 201 KAR 2:030. The proposed amendment will create a new non-resident pharmacist license for pharmacists located in other states. This new individual licensure category would exist alongside and in addition to existing non-resident pharmacy permit requirements.

According to the Board, the new pharmacist license category will be created to address the Board's concerns regarding its current lack of personal jurisdiction over non-resident pharmacists providing pharmacy services on prescriptions intended for a Kentucky resident.

The proposed amendments will require an applicant for a non-resident pharmacist license to have an active pharmacist license in good standing, maintain an NABP Verify credential, and submit to a fingerprint-supported criminal record check by the Department of Kentucky State Police and the FBI.  Non-resident pharmacist applicants will also be required to sign an attestation acknowledging that they have read and understand Kentucky rules and regulations related to the practice of pharmacy. Notably applicants will not have to submit to license transfer requirements or pass the Multistate Pharmacy Jurisprudence Examination.

The non-resident pharmacist license will not permit holders of the license to physically practice pharmacy within Kentucky borders. Additionally, non-resident pharmacists are prohibited from serving as a pharmacist-in-charge for a Kentucky-permitted resident or non-resident pharmacy. A fully licensed Kentucky pharmacist will be needed to fulfill this requirement.

Along with the proposed amendments, the Board approved a memorandum of understanding with NABP regarding the Verify credential program. The memorandum of understanding is the first step of several the Board must take to join the NABP Verify program.

The Board-approved amendments will now be filed with the Kentucky Legislative Research Commission. After filing, the proposed regulation will be published in the Administrative Register of Kentucky for public comment.  

For more information regarding Kentucky’s proposed regulation amendments and its impact on your business, please contact your Quarles & Brady attorney or:

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