10-23-080

WSR 10-23-080

PERMANENT RULES

DEPARTMENT OF HEALTH

(Board of Pharmacy)

[ Filed November 15, 2010, 1:49 p.m. , effective December 16, 2010 ]

     Effective Date of Rule: Thirty-one days after filing.

     Purpose: WAC 246-863-035 allows qualified applicants to be eligible for a temporary permit while awaiting results of a national background check. The national background check is a lengthy process that can cause licensing delays, which may affect the public's access to health care. Eligible applicants must meet all licensing requirements, hold a license in another state in good standing, and have no criminal record in Washington state.

     Citation of Existing Rules Affected by this Order: Amending WAC 246-863-035 Temporary permit -- Pharmacist.

     Statutory Authority for Adoption: RCW 18.130.075, 18.130.064, 18.64.005.

     Other Authority: RCW 18.64.080.

      Adopted under notice filed as WSR 10-15-067 on July 16, 2010.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

     Date Adopted: September 16, 2010.

Gary G. Harris, Chair

Board of Pharmacy

OTS-3008.5

AMENDATORY SECTION(Amending Order 317B, filed 11/17/92, effective 12/18/92)

WAC 246-863-035   Temporary permits.   (1) A temporary practice permit to practice pharmacy may be issued to an applicant ((licensed)) who meets all of the requirements and qualifications for the license, except the results of the fingerprint-based national background check, if required.

     (2) A temporary practice permit to practice pharmacy may be issued to an applicant who:

     (a) Holds an unrestricted, active license by examination in ((a)) another state which participates in the ((licensure)) license transfer or reciprocity process ((unless there is a basis for denial of the license or issuance of a conditional license.

     (b) The applicant shall meet all the qualifications, submit the necessary paperwork and fees for licensure transfer, and submit a written request for a permit to practice pharmacy with the temporary permit fee specified in WAC 246-907-030.

     Prior to issuance of the permit to practice pharmacy, the board shall receive the following documents:

     (1) A completed Washington pharmacy license application;

     (2) The fee specified in WAC 246-907-030;

     (3) A disciplinary report from the National Association of Boards of Pharmacy (NABP) Clearinghouse;

     (4) Completed NABP "Official Application for Transfer of Pharmaceutic Licensure";

     (5) Proof of seven hours of approved AIDS education.

     Such a permit shall expire on the first day of the month following the date of the next jurisprudence examination. In case of failure or nonattendance, the permit shall not be extended));

     (b) Has completed a Washington application for pharmacist license by transfer or reciprocity;

     (c) Has submitted pharmacist license application fees;

     (d) Has passed the Washington state jurisprudence exam;

     (e) Is not subject to denial of a license or issuance of a conditional or restricted license; and

     (f) Does not have a criminal record in Washington state.

     (3) A temporary practice permit grants the individual the full scope of practice of pharmacy, except the ability to qualify as a responsible pharmacist manager.

     (4) A temporary practice permit expires when any one of the following occurs:

     (a) The license is granted;

     (b) A notice of decision on the application is mailed to the applicant, unless the notice of decision specifically extends the duration of the temporary practice permit; or

     (c) One hundred eighty days after the temporary practice permit is issued.

     (5) To receive a temporary practice permit, the applicant must submit the fingerprint card, a written request for a temporary practice permit, and applicable fees.

[Statutory Authority: RCW 18.64.005. 92-23-058 (Order 317B), § 246-863-035, filed 11/17/92, effective 12/18/92.]