Kentucky Refiles Controversial Non-Resident Pharmacist License Regulation
On April 15, 2024, the Kentucky Board of Pharmacy (“Board”) posted a suite of proposed non-resident pharmacist rules that will require any pharmacist working in another state and who provides services on a Kentucky citizen’s prescription to obtain a non-resident pharmacist license. The Board originally filed and withdrew similar rules in January 2023 after receiving stakeholder input. The Board approved a new Advisory Council in July 2023 and tasked the Advisory Council with review of the rules. After receiving input and suggested revisions from the Advisory Council—and without public discussion—the Board voted to refile the proposed rules at its March 2024 meeting.
The proposed rules include 201 KAR 2:030, which amends the license transfer requirements and adds the new non-resident pharmacist license. The non-resident pharmacist must hold an active license in good standing, obtain a National Association of Boards of Pharmacy Verify credential, and submit to a fingerprint-supported criminal record check by the Department of Kentucky State Police and the Federal Bureau of Investigation. The rule exempts the non-resident pharmacist from taking the Multistate Pharmacy Jurisprudence Examination and continuing education requirements. The new license will restrict the non-resident pharmacist from being employed by a pharmacy located in Kentucky, engaging in pharmacy practice while residing in the state, and from serving as a pharmacist in charge of a Kentucky-permitted facility. 201 KAR 2:050 as amended will require a $50 application fee and yearly $50 renewal fee for the non-resident pharmacist license.
The Board also refiled 201 KAR 2:465, creating a new non-resident pharmacy application and waiver regulation. The regulation sets out specific requirements to obtain a non-resident pharmacy license, including the requirement that all pharmacists that assist on a Kentucky citizen’s prescription hold a Kentucky license. Additionally, the regulation requires the pharmacist in charge be responsible for answering the telephone a minimum of 40 hours per week. In the event the pharmacist-in-charge is unavailable, a staff pharmacist may assist the patient so long as the pharmacist-in-charge is notified and provided with the patient’s call back number. The rule also requires the pharmacist-in-charge to return a patient call within 48 hours if the staff pharmacist is “unable to resolve the patient’s question.” The Board may grant a waiver from the permit requirement if the pharmacy only dispenses to an established patient no more than three times per calendar year.
A public hearing has been scheduled for June 25, 2024, at 10 a.m., with public comments to be received through June 30, 2024.
For more insight regarding Kentucky’s proposed regulation amendments, please contact your Quarles attorney or:
- Brenda Shafer: 602-229-5774 / brenda.shafer@quarles.com
- Roxanne Hilton: (317) 399-2842 / roxanne.hilton@quarles.com
- Susan Trujillo: 602-229-5318 / susan.trujillo@quarles.com