Alaska Adopts New Out-of-State Pharmacy Requirements

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On January 19, the Alaska Board of Pharmacy (Board) announced statutory and regulatory changes that significantly impact “Out-of-State” (non-resident) Pharmacy registration requirements, impose additional licensure requirements for pharmacists-in-charge of Out-of-State Pharmacies, and add new items to existing disciplinary disclosure obligations.

Out-of-State Pharmacies are now required to obtain an Alaska pharmacy license rather than simply registering with the Board. Previously, Out-of-State Pharmacies could register with the Board to do business in Alaska, which entailed providing an application for registration, a copy of a valid license or registration from their home state, and an attestation that a self-inspection of the premises was completed within the previous two years in accordance with an Alaska-issued form. Following the recent change, both registered Out-of-State Pharmacies and new applicants must submit all of the following to obtain an Alaska pharmacy license:

  1. A pharmacy license application.
  2. An attestation that a self-inspection will be completed in accordance with an Alaska-issued form within 14 days after business begins.
  3. For certain inpatient treatment facilities and clinics, the name of a pharmacy or pharmacist that will serve as a consultant.
  4. A copy of an active pharmacy license in good standing from the jurisdiction where the pharmacy is physically located.
  5. An attestation that the pharmacy’s premises were inspected by a third party in the past two years.

To continue providing pharmacy services in Alaska, currently registered Out-of-State Pharmacies must convert their existing registrations to a pharmacy license by submitting an amended renewal application, which will be released 30 days before the upcoming renewal period.

In addition, Alaska now mandates that all classes of pharmacies have a pharmacist-in-charge with an active Alaska Pharmacist license. While this requirement will not be enforced until after June 30, 2024, registered Out-of-State Pharmacies must have an Alaska-licensed pharmacist-in-charge in place before submitting their renewal applications to become licensed. Pharmacies should be proactive during the transition period to ensure that their pharmacists-in-charge are properly licensed and that they will be prepared to meet all new Out-of-State Pharmacy licensure requirements.

Alaska is allowing registered Out-of-State Pharmacies to continue operating under their current Out-of-State Pharmacy registrations and without an Alaska-licensed pharmacist-in-charge during a transition period, which will expire on June 30, 2024. After such time, Out-of-State Pharmacies providing services in Alaska that do not have an Alaska pharmacy license or a properly licensed pharmacist-in-charge will not be in compliance with state law and may be subject to professional discipline and fines.

Effective January 19, 2024, the Board now requires all licensees, pharmacists-in-charge, designated representatives and officers of licensed or registered facilities to notify the Board in writing of any disciplinary decision, felony charge, or criminal conviction no later than 30 days after the decision, charge or conviction. Previously, only licensees and licensed facility owners were subject to such requirements, which were limited to notification of disciplinary decisions and convictions.

Applicants can access the required renewal applications on the Board of Pharmacy subsection of the Alaska Department of Commerce, Community and Economic Development website approximately 30 days before the renewal season, April 1-June 30, 2024.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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