Kentucky Board of Pharmacy Regulation Committee Proposes New Requirement of Licensure for All Out-of-State Pharmacists

Quarles & Brady LLP

On March 15, 2022, the Regulation Committee for the Kentucky Board of Pharmacy reviewed potential amendments and proposed regulations governing non-resident pharmacy licensure in the state. Among the proposed changes is a requirement that all out-of-state pharmacists who "engage in the practice of the profession of pharmacy for a Kentucky resident" hold an active Kentucky pharmacist license. Per discussion among the Regulatory Committee, individual pharmacist licensure would be required for all pharmacists engaged in processing or dispensing of a prescriptions intended for Kentucky patients even if the pharmacist performs such functions at a Kentucky-licensed non-resident pharmacy. The Committee's proposed revision follows other states that have recently sought to expand individual licensure requirements for out-of-state pharmacists despite long-standing interpretation that non-resident pharmacy licensure covers the practice of pharmacy functions of its personnel.

The Committee voted unanimously to send the proposed rule to the full Board for review at the next meeting, scheduled for March 30, 2022.

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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