2023 -- S 0255 ======== LC001054 ======== S TATE OF RHODE IS LAND IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2023 ____________ A N A C T RELATING TO BUSINESSES AND PROFESSIONS -- PHARMACIES Introduced By: Senators DiMario, Lawson, Lauria, Ujifusa, Valverde, and Miller Date Introduced: February 16, 2023 Referred To: Senate Finance It is enacted by the General Assembly as follows: SECTION 1. Sections 5-19.1-11, 5-19.1-15, 5-19.1-16 and 5-19.1-20 of the General Laws 1 in Chapter 5-19.1 entitled "Pharmacies" are hereby amended to read as follows: 2 5-19.1-11. Nonresident pharmacy — Fees — Display — Declaration of ownership and 3 location. 4 (a) Any pharmacy located outside this state that ships, mails, or delivers, in any manner, 5 legend drugs, controlled substances, or devices into this state is a nonresident pharmacy and shall 6 be licensed by the department. The nonresident pharmacy shall maintain at all times a valid 7 unexpired license, permit, or registration to operate the pharmacy in compliance with the laws of 8 the state in which it is located. Any pharmacy subject to this section shall comply with the board 9 of pharmacy regulations of this state when dispensing legend drugs or devices to residents of this 10 state. 11 (b) A pharmacy license will be issued to the owner who meets the requirements established 12 pursuant to this chapter or regulations. On and after December 1, 2024, for licenses issued or 13 renewed, the The owner of each pharmacy shall pay an original license fee to be determined by the 14 director, and annually thereafter, on or before a date to be determined by the director, of not less 15 than six hundred twenty-five dollars ($625), for which he or she shall receive a license of location 16 that shall entitle the owner to operate the pharmacy at the specified location, or any other temporary 17 location as the director may approve, for the period ending on a date to be determined by the 18 director. Each owner shall, at the time of filing, provide proof of payment of the fee and each owner 19 LC001054 - Page 2 of 4 shall file with the department, on a provided form, a declaration of ownership and location. The 1 declaration of ownership and location so filed shall be deemed presumptive evidence of ownership 2 of the pharmacy mentioned in the form. A license shall be issued to the owner and premise listed 3 on the form and shall not be transferred. A license issued pursuant to this section shall be the 4 property of the state and loaned to the licensee and it shall be kept posted in a conspicuous place 5 on the licensed premises. If a change in owner or premise listed in the form occurs, the license shall 6 become null and void. 7 (c) It shall be the duty of the owner to immediately notify the department of any proposed 8 change of location or ownership. 9 (d) In the event the license fee remains unpaid on the date due, no renewal or new license 10 shall be issued except upon payment of the license renewal fee. 11 5-19.1-15. Pharmacy interns — License — Fees — Renewals. 12 (a) Any person who is a graduate of an accredited program of pharmacy, or who is a student 13 enrolled in at least the third year of a professional program of an accredited program of pharmacy, 14 or any graduate of a foreign college of pharmacy who has obtained FPGEC certification may file 15 an application for licensure as a pharmacy intern with the department. He or she shall be required 16 to furnish any information that the board may, by regulation, prescribe and, simultaneously with 17 the filling of the application, shall pay to the department a fee to be determined by the department. 18 All licenses issued to pharmacy interns shall be valid for a period to be determined by the 19 department, however, for all pharmacy intern licenses issued or renewed on or after December 1, 20 2024, shall be issued for a period not less than five (5) years, but in no instance shall the license be 21 valid if the individual is no longer making timely progress toward graduation. No pharmacy student 22 may serve an internship with a preceptor without holding a valid pharmacy intern license from the 23 board of pharmacy. 24 (b) To ensure adequate practical instruction, pharmacy internship experience as required 25 under this chapter shall be obtained after licensure as a pharmacy intern by practice in any licensed 26 pharmacy or other program meeting the requirements promulgated by regulation of the board, and 27 shall include any instruction in the practice of pharmacy that the board by regulation shall prescribe. 28 (c) Licensed pharmacy interns shall practice only under the immediate supervision of a 29 licensed pharmacist. 30 5-19.1-16. Pharmacy technicians — License — Fees — Renewals. 31 A pharmacy technician license shall be issued to any individual who meets the 32 requirements established under this chapter or by regulations. The pharmacy technician shall file 33 an application for licensure with the department and shall be required to furnish any information 34 LC001054 - Page 3 of 4 that the board may, by regulation, prescribe and, simultaneously with the filing of the application, 1 shall pay a fee to the department to be determined by the department. All licenses issued to 2 pharmacy technicians shall be valid for a period to be determined by the department; however, for 3 all pharmacy technician licenses issued or renewed on or after December 1, 2024, shall be issued 4 for a period not less than two (2) years. No individual may serve as a pharmacy technician without 5 holding a valid pharmacy technician license from the board of pharmacy. 6 5-19.1-20. License — Renewal — Fee display. 7 Every licensed pharmacist who desires to practice pharmacy shall secure from the 8 department a license pursuant to the provisions of §§ 5-19.1-8 and 5-19.1-14, the fee for which 9 shall be determined by the director. The renewal fee shall also be determined in regulation by the 10 director and, the renewal fee for any licensing period commencing on or after December 1, 2024, 11 shall not be more than two hundred fifty dollars ($250) biennially. Each licensing period shall 12 coincide with the continuing education requirement period, with the licensing period starting on 13 January 1 and ending on December 31 of each calendar year. The date of renewal may be 14 established by the director by regulation, and the department may by regulation extend the duration 15 of a licensing period. The current license shall be conspicuously displayed to the public in the 16 pharmacy to which it applies. 17 SECTION 2. This act shall take effect upon passage. 18 ======== LC001054 ======== LC001054 - Page 4 of 4 EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO BUSINESSES AND PROFESSIONS -- PHARMACIES *** This act would provide that beginning on December 1, 2024, the renewal fee for a 1 pharmacist license shall not be more than two hundred fifty dollars ($250) biennially, that a 2 nonresident pharmacy license fee shall not be less than six hundred twenty-five dollars ($625) and 3 that license to pharmacy interns would be valid for a period not less than five (5) years and licenses 4 for pharmacy technicians valid for not less than two (2) years. This act would also align the 5 licensing renewal period for pharmacist with the continuing education requirements. 6 This act would take effect upon passage. 7 ======== LC001054 ========