Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0255 Compare Versions

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99 S TATE OF RHODE IS LAND
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2023
1212 ____________
1313
1414 A N A C T
1515 RELATING TO BUSINESSES AND PROFESSIONS -- PHARMACIES
1616 Introduced By: Senators DiMario, Lawson, Lauria, Ujifusa, Valverde, and Miller
1717 Date Introduced: February 16, 2023
1818 Referred To: Senate Finance
1919
2020
2121 It is enacted by the General Assembly as follows:
2222 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
2323 in Chapter 5-19.1 entitled "Pharmacies" are hereby amended to read as follows: 2
2424 5-19.1-11. Nonresident pharmacy — Fees — Display — Declaration of ownership and 3
2525 location. 4
2626 (a) Any pharmacy located outside this state that ships, mails, or delivers, in any manner, 5
2727 legend drugs, controlled substances, or devices into this state is a nonresident pharmacy and shall 6
2828 be licensed by the department. The nonresident pharmacy shall maintain at all times a valid 7
2929 unexpired license, permit, or registration to operate the pharmacy in compliance with the laws of 8
3030 the state in which it is located. Any pharmacy subject to this section shall comply with the board 9
3131 of pharmacy regulations of this state when dispensing legend drugs or devices to residents of this 10
3232 state. 11
3333 (b) A pharmacy license will be issued to the owner who meets the requirements established 12
3434 pursuant to this chapter or regulations. On and after December 1, 2024, for licenses issued or 13
3535 renewed, the The owner of each pharmacy shall pay an original license fee to be determined by the 14
3636 director, and annually thereafter, on or before a date to be determined by the director, of not less 15
3737 than six hundred twenty-five dollars ($625), for which he or she shall receive a license of location 16
3838 that shall entitle the owner to operate the pharmacy at the specified location, or any other temporary 17
3939 location as the director may approve, for the period ending on a date to be determined by the 18
4040 director. Each owner shall, at the time of filing, provide proof of payment of the fee and each owner 19
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4444 shall file with the department, on a provided form, a declaration of ownership and location. The 1
4545 declaration of ownership and location so filed shall be deemed presumptive evidence of ownership 2
4646 of the pharmacy mentioned in the form. A license shall be issued to the owner and premise listed 3
4747 on the form and shall not be transferred. A license issued pursuant to this section shall be the 4
4848 property of the state and loaned to the licensee and it shall be kept posted in a conspicuous place 5
4949 on the licensed premises. If a change in owner or premise listed in the form occurs, the license shall 6
5050 become null and void. 7
5151 (c) It shall be the duty of the owner to immediately notify the department of any proposed 8
5252 change of location or ownership. 9
5353 (d) In the event the license fee remains unpaid on the date due, no renewal or new license 10
5454 shall be issued except upon payment of the license renewal fee. 11
5555 5-19.1-15. Pharmacy interns — License — Fees — Renewals. 12
5656 (a) Any person who is a graduate of an accredited program of pharmacy, or who is a student 13
5757 enrolled in at least the third year of a professional program of an accredited program of pharmacy, 14
5858 or any graduate of a foreign college of pharmacy who has obtained FPGEC certification may file 15
5959 an application for licensure as a pharmacy intern with the department. He or she shall be required 16
6060 to furnish any information that the board may, by regulation, prescribe and, simultaneously with 17
6161 the filling of the application, shall pay to the department a fee to be determined by the department. 18
6262 All licenses issued to pharmacy interns shall be valid for a period to be determined by the 19
6363 department, however, for all pharmacy intern licenses issued or renewed on or after December 1, 20
6464 2024, shall be issued for a period not less than five (5) years, but in no instance shall the license be 21
6565 valid if the individual is no longer making timely progress toward graduation. No pharmacy student 22
6666 may serve an internship with a preceptor without holding a valid pharmacy intern license from the 23
6767 board of pharmacy. 24
6868 (b) To ensure adequate practical instruction, pharmacy internship experience as required 25
6969 under this chapter shall be obtained after licensure as a pharmacy intern by practice in any licensed 26
7070 pharmacy or other program meeting the requirements promulgated by regulation of the board, and 27
7171 shall include any instruction in the practice of pharmacy that the board by regulation shall prescribe. 28
7272 (c) Licensed pharmacy interns shall practice only under the immediate supervision of a 29
7373 licensed pharmacist. 30
7474 5-19.1-16. Pharmacy technicians — License — Fees — Renewals. 31
7575 A pharmacy technician license shall be issued to any individual who meets the 32
7676 requirements established under this chapter or by regulations. The pharmacy technician shall file 33
7777 an application for licensure with the department and shall be required to furnish any information 34
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8181 that the board may, by regulation, prescribe and, simultaneously with the filing of the application, 1
8282 shall pay a fee to the department to be determined by the department. All licenses issued to 2
8383 pharmacy technicians shall be valid for a period to be determined by the department; however, for 3
8484 all pharmacy technician licenses issued or renewed on or after December 1, 2024, shall be issued 4
8585 for a period not less than two (2) years. No individual may serve as a pharmacy technician without 5
8686 holding a valid pharmacy technician license from the board of pharmacy. 6
8787 5-19.1-20. License — Renewal — Fee display. 7
8888 Every licensed pharmacist who desires to practice pharmacy shall secure from the 8
8989 department a license pursuant to the provisions of §§ 5-19.1-8 and 5-19.1-14, the fee for which 9
9090 shall be determined by the director. The renewal fee shall also be determined in regulation by the 10
9191 director and, the renewal fee for any licensing period commencing on or after December 1, 2024, 11
9292 shall not be more than two hundred fifty dollars ($250) biennially. Each licensing period shall 12
9393 coincide with the continuing education requirement period, with the licensing period starting on 13
9494 January 1 and ending on December 31 of each calendar year. The date of renewal may be 14
9595 established by the director by regulation, and the department may by regulation extend the duration 15
9696 of a licensing period. The current license shall be conspicuously displayed to the public in the 16
9797 pharmacy to which it applies. 17
9898 SECTION 2. This act shall take effect upon passage. 18
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105105 EXPLANATION
106106 BY THE LEGISLATIVE COUNCIL
107107 OF
108108 A N A C T
109109 RELATING TO BUSINESSES AND PROFESSIONS -- PHARMACIES
110110 ***
111111 This act would provide that beginning on December 1, 2024, the renewal fee for a 1
112112 pharmacist license shall not be more than two hundred fifty dollars ($250) biennially, that a 2
113113 nonresident pharmacy license fee shall not be less than six hundred twenty-five dollars ($625) and 3
114114 that license to pharmacy interns would be valid for a period not less than five (5) years and licenses 4
115115 for pharmacy technicians valid for not less than two (2) years. This act would also align the 5
116116 licensing renewal period for pharmacist with the continuing education requirements. 6
117117 This act would take effect upon passage. 7
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