2005 Legislation
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SENATE BILL NO. 1154 – Pharmacist license, temp reciprocal

SENATE BILL NO. 1154

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Bill Status



S1154aa..............................................by JUDICIARY AND RULES
PHARMACISTS - Amends existing law relating to licensure to practice
pharmacy to authorize the Board of Pharmacy to grant temporary reciprocal
licensure to practice pharmacy upon compliance with certain conditions
specified.
                                                                        
02/17    Senate intro - 1st rdg - to printing
02/18    Rpt prt - to Health/Wel
02/22    Rpt out - to 14th Ord
03/04    Rpt out amen - to engros
03/07    Rpt engros - 1st rdg - to 2nd rdg as amen
03/08    2nd rdg - to 3rd rdg as amen
03/10    3rd rdg as amen - PASSED - 34-0-0, 1 vacancy
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
      Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- (District 21 seat vacant)
    Floor Sponsor - McGee
    Title apvd - to House
03/11    House intro - 1st rdg - to Health/Wel
03/17    Rpt out - rec d/p - to 2nd rdg
03/18    2nd rdg - to 3rd rdg
03/21    3rd rdg - PASSED - 64-0-6
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Block, Boe, Bolz, Bradford, Cannon, Chadderdon,
      Clark, Collins, Crow, Deal, Denney, Edmunson(Barker), Ellsworth,
      Field(18), Field(23), Garrett, Hart, Henbest, Henderson, Jaquet,
      Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
      McGeachin, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart,
      Pence, Raybould, Ring, Ringo, Roberts, Rusche, Sali, Sayler,
      Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
      Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Black, Eskridge, Harwood, McKague, Rydalch,
      Smith(24)
    Floor Sponsor - Shepherd(8)
    Title apvd - to Senate
03/22    To enrol
03/23    Rpt enrol - Pres signed
03/24    Sp signed
03/25    To Governor
03/31    Governor signed
         Session Law Chapter 218
         Effective: 07/01/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1154
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO LICENSURE TO PRACTICE PHARMACY; AMENDING  SECTION  54-1723,  IDAHO
  3        CODE,  TO  AUTHORIZE  THE  BOARD OF PHARMACY TO GRANT TEMPORARY RECIPROCAL
  4        LICENSURE TO PRACTICE PHARMACY UPON  COMPLIANCE  WITH  CERTAIN  CONDITIONS
  5        SPECIFIED AND TO MAKE A TECHNICAL CORRECTION.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That  Section 54-1723, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        54-1723.  QUALIFICATIONS FOR LICENSURE BY RECIPROCITY.  (1)  To  obtain  a
 10    license as a pharmacist by reciprocity, an applicant for licensure shall:
 11        (a)  Have  submitted  a  written application in the form prescribed by the
 12        board of pharmacy.
 13        (b)  Have attained the age of majority.
 14        (c)  Have good moral character and temperate habits.
 15        (d)  Have possessed at the time of initial licensure as a pharmacist  such
 16        other qualifications necessary to have been eligible for licensure at that
 17        time in this state.
 18        (e)  Have   engaged  in  the practice of pharmacy for a period of at least
 19        one (1) year or have met the internship requirements of this state  within
 20        the one (1) year immediately previous to the date of such application.
 21        (f)  Have presented to the board proof of initial licensure by examination
 22        and  proof  that such license and any other license or licenses granted to
 23        the applicant by any other  state  or  states  have  not  been  suspended,
 24        revoked,  cancelled canceled or otherwise restricted for any reason except
 25        nonrenewal or the failure to obtain required continuing education  credits
 26        in  any state where the applicant is licensed but not engaged in the prac-
 27        tice of pharmacy.
 28        (g)  Have paid the fees specified by the board of pharmacy for issuance of
 29        a license.
 30        (2)  Eligibility. No applicant shall be eligible for  licensure  by  reci-
 31    procity  unless  the  state in which the applicant was initially licensed as a
 32    pharmacist also grants reciprocal licensure to pharmacists  duly  licensed  by
 33    examination in this state, under like circumstances and conditions.
 34        (3)  Temporary reciprocity license.
 35        (a)  In  conjunction  with an application for a license as a pharmacist by
 36        reciprocity, the applicant may be granted a temporary license as a pharma-
 37        cist upon compliance with the following terms and conditions:
 38             (i)   The applicant has filed a complete application for licensure by
 39             reciprocity and paid all fees for such application, which fees  shall
 40             not be refundable upon grant of a temporary license;
 41             (ii)  The  applicant  has  passed the state jurisprudence examination
 42             with a score of not less than seventy-five (75);
 43             (iii) The applicant submits photocopies of all  current  licenses  to
                                                                        
                                           2
                                                                        
  1             practice pharmacy in any other states or jurisdictions;
  2             (iv)  The  applicant  provides  documentation  of any and all actions
  3             taken against any of the applicant's licenses to practice pharmacy by
  4             any other state or jurisdiction, and any such action does not  other-
  5             wise  render the applicant ineligible for licensure by reciprocity in
  6             Idaho;
  7             (v)   The applicant submits evidence that the applicant has  lawfully
  8             practiced  pharmacy  in  the United States or its territories for the
  9             preceding twelve (12) months prior to filing of the application;
 10             (vi)  The applicant submits evidence that the applicant has completed
 11             all continuing  education  requirements  of  the  applicant's  active
 12             licenses  for the three (3) calendar years preceding the application;
 13             and
 14             (vii) The applicant executes a sworn statement that all of the  docu-
 15             ments,  evidence  and  statements  of  the applicant submitted to the
 16             board in conjunction with the application for licensure by  reciproc-
 17             ity and the request for temporary licensure are true and correct, and
 18             that  the  applicant has fully disclosed all information required for
 19             licensure by reciprocity and for temporary licensure.
 20        (b)  Upon completion of the above requirements to the satisfaction of  the
 21        executive  director,  the  applicant may be granted a temporary license by
 22        reciprocity for a period of not more than sixteen (16)  consecutive  weeks
 23        as follows:
 24             (i)   The temporary license shall not be renewable nor may the appli-
 25             cant  reapply  for  temporary  licensure for a period of one (1) year
 26             after lapse of a temporary license;
 27             (ii)  The temporary license shall lapse automatically upon the  grant
 28             or denial of a license by reciprocity upon subsections (1) and (2) of
 29             this section;
 30             (iii) The temporary license shall not include acting as a pharmacist-
 31             in-charge or as a preceptor or supervising interns or externs;
 32             (iv)  The temporary license shall not be subject to discipline in the
 33             same manner as a full license, and shall also be subject to immediate
 34             suspension  by  the  executive director upon reasonable evidence that
 35             the applicant has not fulfilled the requirements for  such  temporary
 36             license  or  that the documents, evidence and statement of the appli-
 37             cant submitted to the board are not true and  correct,  or  that  the
 38             applicant's  disclosures  required  by this section are not complete.
 39             Suspension of a temporary license by the executive director shall  be
 40             immediate  subject only to reinstatement upon appeal by the applicant
 41             to the board at its next scheduled meeting; and
 42             (v)   In the event the temporary license lapses without the contempo-
 43             raneous grant of full licensure  by  reciprocity,  or  the  temporary
 44             license  is  suspended by the executive director, then all privileges
 45             allowed under the temporary license, including those relating to  any
 46             controlled   substance   registration  granted  under  the  temporary
 47             license, shall also cease.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                                     Moved by    McGee               
                                                                        
                                                     Seconded by Keough              
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENT TO S.B. NO. 1154
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 2 of the printed bill, in line 32, following "shall" delete "not".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE BILL NO. 1154, As Amended
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO LICENSURE TO PRACTICE PHARMACY; AMENDING  SECTION  54-1723,  IDAHO
  3        CODE,  TO  AUTHORIZE  THE  BOARD OF PHARMACY TO GRANT TEMPORARY RECIPROCAL
  4        LICENSURE TO PRACTICE PHARMACY UPON  COMPLIANCE  WITH  CERTAIN  CONDITIONS
  5        SPECIFIED AND TO MAKE A TECHNICAL CORRECTION.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That  Section 54-1723, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        54-1723.  QUALIFICATIONS FOR LICENSURE BY RECIPROCITY.  (1)  To  obtain  a
 10    license as a pharmacist by reciprocity, an applicant for licensure shall:
 11        (a)  Have  submitted  a  written application in the form prescribed by the
 12        board of pharmacy.
 13        (b)  Have attained the age of majority.
 14        (c)  Have good moral character and temperate habits.
 15        (d)  Have possessed at the time of initial licensure as a pharmacist  such
 16        other qualifications necessary to have been eligible for licensure at that
 17        time in this state.
 18        (e)  Have   engaged  in  the practice of pharmacy for a period of at least
 19        one (1) year or have met the internship requirements of this state  within
 20        the one (1) year immediately previous to the date of such application.
 21        (f)  Have presented to the board proof of initial licensure by examination
 22        and  proof  that such license and any other license or licenses granted to
 23        the applicant by any other  state  or  states  have  not  been  suspended,
 24        revoked,  cancelled canceled or otherwise restricted for any reason except
 25        nonrenewal or the failure to obtain required continuing education  credits
 26        in  any state where the applicant is licensed but not engaged in the prac-
 27        tice of pharmacy.
 28        (g)  Have paid the fees specified by the board of pharmacy for issuance of
 29        a license.
 30        (2)  Eligibility. No applicant shall be eligible for  licensure  by  reci-
 31    procity  unless  the  state in which the applicant was initially licensed as a
 32    pharmacist also grants reciprocal licensure to pharmacists  duly  licensed  by
 33    examination in this state, under like circumstances and conditions.
 34        (3)  Temporary reciprocity license.
 35        (a)  In  conjunction  with an application for a license as a pharmacist by
 36        reciprocity, the applicant may be granted a temporary license as a pharma-
 37        cist upon compliance with the following terms and conditions:
 38             (i)   The applicant has filed a complete application for licensure by
 39             reciprocity and paid all fees for such application, which fees  shall
 40             not be refundable upon grant of a temporary license;
 41             (ii)  The  applicant  has  passed the state jurisprudence examination
 42             with a score of not less than seventy-five (75);
 43             (iii) The applicant submits photocopies of all  current  licenses  to
                                                                        
                                           2
                                                                        
  1             practice pharmacy in any other states or jurisdictions;
  2             (iv)  The  applicant  provides  documentation  of any and all actions
  3             taken against any of the applicant's licenses to practice pharmacy by
  4             any other state or jurisdiction, and any such action does not  other-
  5             wise  render the applicant ineligible for licensure by reciprocity in
  6             Idaho;
  7             (v)   The applicant submits evidence that the applicant has  lawfully
  8             practiced  pharmacy  in  the United States or its territories for the
  9             preceding twelve (12) months prior to filing of the application;
 10             (vi)  The applicant submits evidence that the applicant has completed
 11             all continuing  education  requirements  of  the  applicant's  active
 12             licenses  for the three (3) calendar years preceding the application;
 13             and
 14             (vii) The applicant executes a sworn statement that all of the  docu-
 15             ments,  evidence  and  statements  of  the applicant submitted to the
 16             board in conjunction with the application for licensure by  reciproc-
 17             ity and the request for temporary licensure are true and correct, and
 18             that  the  applicant has fully disclosed all information required for
 19             licensure by reciprocity and for temporary licensure.
 20        (b)  Upon completion of the above requirements to the satisfaction of  the
 21        executive  director,  the  applicant may be granted a temporary license by
 22        reciprocity for a period of not more than sixteen (16)  consecutive  weeks
 23        as follows:
 24             (i)   The temporary license shall not be renewable nor may the appli-
 25             cant  reapply  for  temporary  licensure for a period of one (1) year
 26             after lapse of a temporary license;
 27             (ii)  The temporary license shall lapse automatically upon the  grant
 28             or denial of a license by reciprocity upon subsections (1) and (2) of
 29             this section;
 30             (iii) The temporary license shall not include acting as a pharmacist-
 31             in-charge or as a preceptor or supervising interns or externs;
 32             (iv)  The  temporary  license  shall  be subject to discipline in the
 33             same manner as a full license, and shall also be subject to immediate
 34             suspension by the executive director upon  reasonable  evidence  that
 35             the  applicant  has not fulfilled the requirements for such temporary
 36             license or that the documents, evidence and statement of  the  appli-
 37             cant  submitted  to  the  board are not true and correct, or that the
 38             applicant's disclosures required by this section  are  not  complete.
 39             Suspension  of a temporary license by the executive director shall be
 40             immediate subject only to reinstatement upon appeal by the  applicant
 41             to the board at its next scheduled meeting; and
 42             (v)   In the event the temporary license lapses without the contempo-
 43             raneous  grant  of  full  licensure  by reciprocity, or the temporary
 44             license is suspended by the executive director, then  all  privileges
 45             allowed  under the temporary license, including those relating to any
 46             controlled  substance  registration  granted  under   the   temporary
 47             license, shall also cease.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 15009 

This bill will allow a pharmacist in good standing in their
current state of employment and states licensed to become
employed in Idaho by "Temporary License" status until the
paperwork is received from all entities required to issue a
permanent pharmacist license.  At the current time with the
shortage of pharmacists in the State of Idaho, pharmacists
transferring into Idaho and employers hiring are forced to wait
until all other States comply with the reciprocity request.  The
delay has been as long as 14 weeks.  In order for the pharmacist
to be granted a temporary license, he/she must apply for
licensure by reciprocity and pay all (nonrefundable) fees for
application, pass the Idaho State jurisprudence examination,
provide to the Idaho State Board of Pharmacy photocopies of all
current licenses in other states, documentation of any all
actions taken against any of the applicant's licenses, evidence
that the applicant has lawfully practiced pharmacy in the United
States or its territories for the preceding 12 months, evidence
that all continuing education requirements have been met, and
sign a sworn statement that all documents, evidence and
statements submitted to the board are true and correct.

The Executive Director of the Idaho State Board of Pharmacy is
granted the authority to immediately suspend a temporary license
upon reasonable evidence the applicant has not fulfilled the
requirements for such temporary license.

                                
                         FISCAL IMPACT
                                
There is no fiscal impact to the State of Idaho or the Idaho
State Board of Pharmacy.  The application pays all related fees. 
The fees are nonrefundable.
     


Contact:

Name:  JoAn Condie
       Idaho State Pharmacy Association
Phone: 208-424-1107 




STATEMENT OF PURPOSE/FISCAL NOTE                       S 1154