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NOTICE OF PROPOSED CHANGES ON TEMPORARY CLOSURES AND EXAMINATIONS IN THE REGULATIONS OF THE ALASKA BOARD OF PHARMACY

Brief Description: The Board of Pharmacy (Board) proposes to adopt regulation changes relating to pharmacy closures and examination requirements.

The Board of Pharmacy proposes to adopt regulation changes in Title 12, Chapter 52 of the Alaska Administrative Code, dealing with closure of a pharmacy and examination requirements for licensure, including the following:

  1. 12 AAC 52.050. Closed pharmacies, is proposed to be amended to clarify that a closed pharmacy must arrange for continuous patient care.
  2. 12 AAC 52.060. Fire or other disaster, is proposed to be amended to clarify that an applicable disaster includes one that causes pharmacy to need to temporarily close.
  3. 12 AAC 52.070. Application for pharmacist license by examination; 12 AAC 52.310. Reinstatement of an expired pharmacist or pharmacy technician license; 12 AAC 52.985. Emergency preparedness, are proposed to be updated to correct regulation references and language based on the proposed removal of the multistate pharmacy jurisprudence examination requirement.
  4. 12 AAC 52.090. Examination requirements and registration; 12 AAC 52.092. Eligibility to sit for examination; 12 AAC 52.095. Application for pharmacist license by reciprocity, is proposed to be amended to remove and replace the multistate pharmacy jurisprudence examination requirement implemented as the Alaska Pharmacy Jurisprudence Examination as referenced.
  5. 12 AAC 52.098. Alaska pharmacy jurisprudence examination, is proposed to be added as a new section, setting out the prerequisites for being provided the Alaska pharmacy jurisprudence examination.
  6. 12 AAC 52.150. Proof of licensure for individual pharmacists working for tribal health programs, is proposed to be repealed to remove the requirement for a pharmacist practicing in the federal Indian Health Services system to submit an exemption for Alaska licensure.

You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Stefanie Davis, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK  99811-0806. Additionally, the Board will accept comments by facsimile at (907) 465-2974 and by electronic mail at RegulationsAndPublicComment@alaska.gov. Comments may also be submitted through the Alaska Online Public Notice System by accessing this notice on the system at http://notice.alaska.gov/214524, and using the comment link. The comments must be received not later than 4:30 p.m. on April 10, 2024.

You may submit written questions relevant to the proposed action to Stefanie Davis, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK  99811-0806 or by e-mail at RegulationsAndPublicComment@alaska.gov. The questions must be received at least 10 days before the end of the public comment period. The Board will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and on the Board’s website at https://www.commerce.alaska.gov/web/cbpl/ProfessionalLicensing/BoardofPharmacy.aspx.

If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Stefanie Davis at (907) 465-2537 or RegulationsAndPublicComment@alaska.gov not later than April 3, 2024 to ensure that any necessary accommodation can be provided.

A copy of the proposed regulation changes is available on the Alaska Online Public Notice System and by contacting Stefanie Davis at (907) 465-2537, RegulationsAndPublicComment@alaska.gov, or at https://www.commerce.alaska.gov/web/portals/5/pub/PHA-1223.pdf.

After the public comment period ends, the Board will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulation may be different from that of the proposed regulation. You should comment during the time allowed if your interests could be affected.

Statutory Authority: AS 08.01.065; AS 08.01.100; AS 08.80.005; AS 08.80.030; AS 08.80.110; AS 08.80.116; AS 08.80.120; AS 08.80.145; AS 08.80.147; AS 08.80.150; AS 08.80.157; AS 08.80.160; AS 08.80.165; AS 08.80.270; AS 08.80.330
Statutes Being Implemented, Interpreted, or Made Specific: AS 08.80.005; AS 08.80.030; AS 08.80.120; AS 08.80.145
Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation.

For each occupation regulated under the Division of Corporations, Business and Professional Licensing, the Division keeps a list of individuals or organizations who are interested in the regulations of that occupation. The Division automatically sends a Notice of Proposed Regulations to the parties on the appropriate list each time there is a proposed change in an occupation's regulations in Title 12 of the Alaska Administrative Code. If you would like your address added to or removed from such a list, send your request to the Division at the address above, giving your name, either your e-mail address or mailing address (as you prefer for receiving notices), and the occupational area in which you are interested.

DATE: 3/11/2024
Stefanie Davis, Regulations Specialist
Division of Corporations, Business and Professional Licensing

ADDITIONAL REGULATION NOTICE INFORMATION
(AS 44.62.190(d))

1.   Adopting agency: Department of Commerce, Community, and Economic Development, Division of Corporations, Business and Professional Licensing - Board of Pharmacy.

2.   General subject of regulation: Add regulations relating to pharmacy closures; update the jurisprudence examination requirements, remove requirement for pharmacist practicing in the federal IHS system to submit an exemption for Alaska licensure.

3.   Citation of regulation: 12 AAC 52.050 through 12 AAC 52.995

4.   Department of Law file number: 2023200594

5.   Reason for the proposed action: Update and clarification of current regulations; compliance with state statute.

6.   Appropriation/Allocation: Corporations, Business and Professional Licensing – #2360.

7.   Estimated annual cost to comply with the proposed action to:
A private person: None known.
Another state agency: None known.
A municipality: None known.

8.   Cost of implementation to the state agency and available funding (in thousands of dollars):  No costs are expected in FY 2024 or in subsequent years.

9.   The name of the contact person for the regulation:
Michael Bowles, Executive Administrator
Alaska Board of Pharmacy
Division of Corporations, Business and Professional Licensing
Department of Commerce, Community, and Economic Development
Telephone: (907) 465-1073
E-mail: Michael.Bowles@Alaska.Gov

10.   The origin of the proposed action: Staff of state agency.

11.   Date: 3/11/2024
        Prepared by: Stefanie Davis, Regulations Specialist

Attachments, History, Details

Revision History

Created 3/8/2024 10:37:57 AM by sldavis
Modified 3/8/2024 12:20:00 PM by sldavis

Details

Department: Commerce, Community, and Economic Development
Category: Regulations
Sub-Category: Notice of Proposed Regulations
Location(s): Statewide
Project/Regulation #: 2023200594
 
Publish Date: 3/11/2024
Archive Date: 4/11/2024
 
Events/Deadlines:
  • Public Comment Deadline
    4/10/2024 4:30pm