DEPARTMENT OF HEALTH

(Pharmacy Quality Assurance Commission)

[Filed August 8, 2024, 8:23 a.m.]

Preproposal statement of inquiry was filed as WSR 24-07-105.

Title of Rule and Other Identifying Information: Pharmacy intern credentials; extending the duration of temporary practice permits for pharmacy interns and establishing a renewal extension process for pharmacy interns. The pharmacy quality assurance commission (commission) is proposing to amend WAC 246-945-155 and 246-945-156 related to pharmacy intern registration requirements. Specifically, the commission proposes to amend WAC 246-945-155 to grant additional renewals to pharmacy interns to address concerns raised by interested parties. Additionally, the commission proposes to amend WAC 246-945-156 to extend the duration of pharmacy intern temporary practice permits to 180 days which stems from compliance with 2SHB 1009 (chapter 165, Laws of 2023).

Hearing Location(s): On October 10, 2024, at 10:30 a.m., at the Department of Labor and Industries, 7273 Linderson Way S.W., Room S117/118, Tumwater, WA 98501; or virtually via Zoom https://us02web.zoom.us/webinar/tZwvcu-orjooGdL0ucE3WWkJLsRorLzko_bx/ics?icsToken=98tyKuGgrD4sGtSUshqBRpw-AI_4M_TziH5BjadxzArmJnNkVQjcGvFwPaBTCtPf. To access the meeting on October 10, 2024, at 9:00 a.m., go to https://us02web.zoom.us/j/87143495001. The access options include One-tap mobile: US +12532158782,,86114958466# or +16699009128,,86114958466#; or by telephone: Dial (for higher quality, dial a number based on your current location): US +1 253 215 8782 or +1 669 900 9128 or +1 346 248 7799 or +1 669 444 9171 or +1 386 347 5053 or +1 564 217 2000 or +1 646 558 8656 or +1 646 931 3860 or +1 301 715 8592 or +1 312 626 6799, Webinar ID 871 4349 5001. International numbers available at https://us02web.zoom.us/u/kdLNo6unOZ.

Date of Intended Adoption: October 10, 2024.

Submit Written Comments to: Julia Katz, P.O. Box 47852, Olympia, WA 98504-7852, email https://fortress.wa.gov/doh/policyreview/, fax 360-236-2901, beginning the date and time of this filing, by October 3, 2024, at midnight.

Assistance for Persons with Disabilities: Contact Julia Katz, phone 360-502-5058, fax 360-236-2901, TTY 711, email PharmacyRules@doh.wa.gov, by October 3, 2024.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposal is twofold: To allow additional license renewals for pharmacy intern registrants and to extend the duration of pharmacy intern temporary practice permits. Amending WAC 246-945-155 allows pharmacy intern registrants a process for renewing their registration beyond the current two-time limit. Amending WAC 246-945-156 complies with 2SHB 1009. Section 4 of 2SHB 1009 took effect on October 1, 2023, and requires each licensing authority to issue temporary practice permits for a minimum of 180 days to applicants who are spouses of military personnel subject to a military transfer, and who are licensed, certified, or registered in another state to perform professional services in that state. The change to a 180-day permit from 90 days applies to all permit holders.

Reasons Supporting Proposal: The goal of amending pharmacy intern license renewal capabilities is to accommodate registrants who take additional time or experience extenuating circumstances to complete pharmacy school. The commission has heard from interested parties that these methods of flexibility would be valuable for registrants. The primary goal of extending the validity for pharmacy intern temporary practice permits from 90 to 180 days is to comply with 2SHB 1009; however, it will apply to all permit holders, not just spouses of military personnel. Secondarily, it will accomplish uniform temporary practice permits under the commission's purview.

Statutory Authority for Adoption: RCW 18.64.005, 18.64.080, and 18.340.020.

Statute Being Implemented: RCW 18.64.080 and 18.340.020.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Pharmacy quality assurance commission, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Julia Katz, 111 Israel Road S.E., Tumwater, WA 98501, 360-502-5058; and Enforcement: Marlee O'Neill, 111 Israel Road S.E., Tumwater, WA 98501, 360-480-9108.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Julia Katz, P.O. Box 47852, Olympia, WA 98504-7852, phone 360-502-5058, fax 360-236-2901, TTY 711, email https://fortress.wa.gov/doh/policyreview/.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(4).

Explanation of exemptions: Amendments to WAC 246-945-155 and 246-945-156 only impact pharmacy intern licensees and not facility licensees.

Scope of exemption for rule proposal:

Hawkins DeFrance, PharmD, Chair

Pharmacy Quality Assurance Commission

AMENDATORY SECTION(Amending WSR 20-12-072, filed 6/1/20, effective 7/1/20)

WAC 246-945-155Pharmacy interns—Registration requirements.

(1) Unless otherwise stated, each individual shall register with the commission, as a pharmacy intern before beginning pharmacy practice experiences in Washington state. The commission shall grant a registration to practice pharmacy as a pharmacy intern to an individual who is:

(a) Currently enrolled in a professional degree program of a commission accredited school or college of pharmacy and making satisfactory progress towards meeting the requirements for licensure as a pharmacist;

(b) A graduate of a commission accredited school or college of pharmacy;

(c) A graduate of a school or college of pharmacy located outside the United States who has established educational equivalency by obtaining certification by FPGEC;

(d) Required by the commission to be an intern because the commission has determined the individual needs to complete additional practical experience before a pharmacist license is issued or reissued; or

(e) An out-of-state pharmacist enrolled in or participating in an established residency program.

(2) A pharmacy intern shall practice under the immediate supervision of a licensed pharmacist except in accordance with RCW 18.64.253.

(3) A pharmacy intern registration ((can only))may be renewed ((twice))three times. The commission may, for good cause shown, authorize additional renewals for a pharmacy intern registrant who meets all pharmacy intern registration requirements in WAC 246-945-150, subsection (1)(a) through (e) of this section, RCW 18.64.080, and provides an explanation and documentation of good cause.

(4) The commission may consider a pharmacy intern registration inoperable or superseded if one of the following occurs:

(a) A pharmacy intern has not graduated from and is no longer enrolled or in good standing with a commission accredited school or college of pharmacy.

(b) A pharmacy intern is issued a license to practice as a pharmacist in Washington state or another U.S. jurisdiction.

AMENDATORY SECTION(Amending WSR 24-11-060, filed 5/13/24, effective 6/13/24)

WAC 246-945-156Pharmacy intern—Temporary practice permit.

(1) An individual that holds a pharmacy intern registration in another U.S jurisdiction, that has registration standards substantially equivalent to Washington, may request a temporary practice permit if:

(a) The applicant is not subject to denial of a credential or issuance of a conditional or restricted credential in any state;

(b) Does not have a criminal record in Washington state;

(d) The applicant meets WAC 246-945-155 (1)(a) or (b).

(2) To request a temporary practice permit, the pharmacy intern applicant shall submit a written request for a temporary practice permit, and any applicable fees in accordance with WAC 246-945-990 through 246-945-992.

(3) A temporary practice permit expires:

(a) When the pharmacy intern registration is issued;

(b) When a notice of decision on the pharmacy intern registration application is mailed to the applicant; or

(c) ((Ninety))One hundred eighty days after the temporary practice permit is issued. The applicant may obtain a one-time extension of up to 90 days with approval of the commission.