Kentucky Non-Resident Pharmacist Changes

Written-by: Jennifer Falkenrath, Sr. Research Associate

Kentucky Proposed Rules and NABP Verify

On September 14, 2022, the Kentucky Board of Pharmacy proposed amendments and new regulations to 201 KAR 002:030, 201 KAR 002:360, and 201 KAR 002:4602. The proposed rules create a new license type for a Non-Resident Pharmacist, which is defined as:

“… a license issued by the Board to a pharmacist licensed and located in another jurisdiction to practice pharmacy to citizens in Kentucky.”

Section 9 clarifies prohibited acts of a non-resident pharmacist, which include engaging in the practice of pharmacy in Kentucky while: residing in Kentucky or employed by a pharmacy located in Kentucky or serving as a pharmacist in charge of a Kentucky permitted resident or non-resident pharmacy.

To obtain a non-resident pharmacist license, the applicant shall hold an active pharmacist license in any state and submit a fingerprint-supported criminal background check and the NABP Verify credential. Some benefits of obtaining licensure as a non-resident pharmacist in the proposed rules include being exempt from the Kentucky Multistate Pharmacy Jurisprudence Exam (MPJE) and Kentucky’s continuing education requirements.

License Transfer

All other non-resident pharmacist applicants must apply for licensure by “license transfer,” which is defined as:

“…a license to practice pharmacy in Kentucky issued by the Board to a pharmacist licensed in another jurisdiction.”

To apply by license transfer, a pharmacist applicant shall:

• • complete and certify the NABP Preliminary Application for License Transfer Form;
  • receive an NABP Official Application for Transfer of Pharmacist License (Cost $400.00, each additional state $100.00);
  • successfully complete the MPJE (cost $475.00);
  • submit a nationwide fingerprint criminal background check; and
  • submit a national query from the National Practitioner Data Bank (Cost $2.50).

Additionally, once licensure is granted, the pharmacist must comply with Kentucky’s continuing education requirements. The application fee for a non-resident pharmacist and a license transfer is the same.

NABP Verify

NABP Verify is less expensive for a pharmacist to obtain licensure initially. However, in the proposed rule, participation in NABP Verify is a requirement for renewal. The non-resident pharmacist must continue to pay and renew the NABP certification in addition to the state license renewal fee. A pharmacist licensed by license transfer only pays the state license renewal fee.

It would seem problematic that the Kentucky State Board of Pharmacy favors the NABP Verify credential over a State Board of Pharmacy license verification, considering some of the State Boards of Pharmacy report discipline to NABP. This puts pressure on the State Boards of Pharmacy to participate in NABP Verify to relieve the initial financial pharmacist licensing burden for those trying to practice across state lines.

Disciplinary Information and Reporting

State Boards of Pharmacy are asked to provide NABP with disciplinary information through their online portal. Some state agencies do not have the resources or staff to report the data. Consider agencies that may have to enter discipline for multiple professional associations in addition to the National Practitioner Data Bank. Should professional associations be an additional place to house discipline, or should it solely be the State Boards? If a disciplinary error were reported, this creates an additional agency a professional must go to dispute erroneous information.

Comment Submission

Written comments may be submitted to the Board of Pharmacy through November 30, 2022. A public hearing will be held on November 30, 2022, at 9:00 a.m. EST. Individuals interested in being heard at the hearing must notify the board in writing at least five business days prior to the hearing. [No comments received/hearing cancelled]

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