The Board proposes the rule amendment to update the rule and revise the incorporated form.

 

DEPARTMENT OF HEALTH

Board of Pharmacy

RULE NO.:RULE TITLE:

64B16-26.204Licensure by Endorsement

PURPOSE AND EFFECT: The Board proposes the rule amendment to update the rule and revise the incorporated form.

SUMMARY: The rule will be updated and the incorporated forms will be revised.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 465.005, 465.0075 FS.

LAW IMPLEMENTED: 456.013(1), 465.007, 465.0075, 465.022 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Allison Dudley, Executive Director, Board of Pharmacy, 4052 Bald Cypress Way, Bin C04, Tallahassee, Florida 32399-3254

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B16-26.204 Pharmacist Licensure by Endorsement; Application.

An applicant for licensure by endorsement must be at least 18 years of age and a recipient of a degree from a school or college of pharmacy accredited by an accrediting agency recognized and approved by the United States Office of Education. 

(1)(a) U.S. Graduates. All applications for licensure by endorsement for pharmacists who received a degree from a school or college of pharmacy accredited by an accrediting agency recognized and approved by the United States Department of Education shall be made on board approved form DOH-/MQA 100, 07/16, effective June 2010. Pharmacist Licensure by Endorsement Application and Instructions (U.S. Graduates and territories), which is hereby incorporated by reference, and which can be obtained from http://www.flrules.org/Gateway/reference.asp?No=Ref- the Board of Pharmacy, 4052 Bald Cypress Way, Bin #C04, Tallahassee, Florida 32399-3254, or the Board's website at http://floridaspharmacy.gov/Applications/app-pharmacist-endorse-uspr-grad.pdf.  

(b) Foreign Graduates. All applications for licensure by endorsement for pharmacists graduated from a pharmacy program of a school or college of pharmacy located outside of the United States shall be made on board approved form DOH-/MQA 1196, 07/16,  Pharmacist Licensure by Endorsement Application and Instructions (Foreign Graduates), which is hereby incorporated by reference, and which can be obtained from http://www.flrules.org/Gateway/reference.asp?No=Ref-   the Board of Pharmacy, 4052 Bald Cypress Way, Bin #C04, Tallahassee, Florida 32399-3254, or the Board's website at http://floridaspharmacy.gov/Applications/app-pharmacist-endorse-foreign-grad-2013.pdf, or [phone] to request a form or download the form from the board’s website at http://www.doh.state.fl.us/mqa/pharmacy. 

(2) The application must be accompanied with a non-refundable application fee and initial licensure fee as set forth in Rules 64B16-26.1001 and 64B16-26.1002, F.A.C., and in addition, 

(2) tThe applicant must submit satisfactory proof that one of the following requirements has been met:

(a) Compliance with the requirements of subsections 465.007(1)(b)1. or 2. and (1)(c), F.S.;

(b) Having obtained a passing score on a licensure examination as described in subsection 465.0075(1)(b), F.S.; and

1.(a) Having tTwo (2) years of active practice, as defined in Section 465.0075(1)(c)1., F.S., within the immediately preceding five (5) years and have completed .  If the applicant meets the requirements of this section, proof of completion of 30 hours of Florida Board of Pharmacy, Accreditation Council for Pharmacy Education (ACPE), or other state board of pharmacy approved continuing education within obtained in the two (2) calendar years immediately preceding application;, must also be submitted.

2. Successful completion of board-approved postgraduate training or a board-approved clinical competency examination within the year immediately preceding application; or 

3.(b) Successful completion of an internship meeting the requirements of Section 465.007(1)(c), F.S., within the immediately preceding two (2) years immediately preceding application.

(3) Completion of a Board approved course not less than two (2) hours on medication errors that covers the study of root-cause analysis, error reduction and prevention, and patient safety. For applicants who apply within one (1) year following receipt of their pharmacy degree, completed academic course work on medication errors will be accepted by the Board as an educational course under this section, provided such course work is no less than two (2) contact hours and that it covers the study of root-cause analysis, error reduction and prevention, and patient safety as evidenced by a letter attesting to subject matter covered from an official of the university where the course was taken. 

(4) Applicants qualifying under the education requirements of Section 465.007(1)(b)2., F.S., (foreign graduates), must complete the requirements of Rule 64B16-26.2031, F.A.C., prior to certification for the examination required in subsection (6) of this rule.

(3)(5) No change.

(6) Applicants applying under the provisions of Section 465.0075, F.S., must have obtained a passing score on the licensure examination as described in subsection 64B16-26.200(1), F.A.C.

(4)(7) Applicants applying under the provisions of Section 465.0075, F.S., shall cause the National Association of Boards of Pharmacy, or other similar organization, to issue a Transfer of Pharmaceutical Licensure certificate showing examination date, examination results, states of licensure, disciplinary actions, and licensure status.

(5)(8) No change.

Rulemaking Authority 465.005, 465.0075 FS. Law Implemented 456.013(1)(2), 465.007, 465.0075, 465.022 FS. History–New 11-8-01, Amended 111-05, 2-18-08, 5-26-09, 10-10-10,                 .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Pharmacy

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Pharmacy

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 8, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 3, 2016