54-1723B. MULTISTATE PRACTICE OF PHARMACY. Notwithstanding any provision of law to the contrary:

(1) As used in this section:

(a) "License" means a license, registration, or other credential for the practice of pharmacy issued by the pharmacy licensing agency of a state.

(b) "Multistate licensee" means a multistate pharmacist, multistate pharmacist intern, or multistate technician.

(c) "Multistate pharmacist" means a nonresident pharmacist, licensed by a party state, who is not otherwise licensed by the board.

(d) "Multistate pharmacist intern" means a nonresident pharmacist intern, registered by a party state, who is not otherwise registered by the board.

(e) "Multistate practice of pharmacy" means the practice of pharmacy in or into Idaho, for a patient located in Idaho, by a multistate licensee, pursuant to the requirements of this section and the terms of a mutual recognition agreement.

(f) "Multistate technician" means a nonresident certified technician, licensed by a party state, who is not otherwise registered by the board.

(g) "Mutual recognition agreement" means a written agreement entered into between the board and a party state allowing for the multistate practice of pharmacy, subject to the requirements of this section and any other reasonable and supplemental contract terms negotiated by the board and the party state.

(h) "Party state" means any pharmacy licensing agency of a state that has entered a mutual recognition agreement with the board.

(i) "Primary state of residence" means the multistate licensee’s declared primary state of residence, as evidenced by a valid state or federal identification card with a home address or another form of identification as accepted by the board.

(j) "State" means a state, a territory or possession of the United States, or the District of Columbia.

(2) The board may enter into mutual recognition agreements with one (1) or more party states provided that each party state:

(a) Has substantially similar requirements for pharmacist licensure, as required in section 54-1722, Idaho Code, or pharmacist intern and certified technician registration, as required by board rule, or both;

(b) Requires a fingerprint-based criminal history check prior to licensure that is substantially similar to the requirement in section 54-1718, Idaho Code; and

(c) Grants the same multistate practice privileges to Idaho pharmacists, registered pharmacist interns, or certified technicians as Idaho grants to the party state’s pharmacists, registered pharmacist interns, or certified technicians under like circumstances and conditions.

(3) A pharmacist license, pharmacist intern registration, or certified technician license issued by a party state will be recognized by the board as permitting the multistate practice of pharmacy in or into Idaho without a license or registration issued by the board provided the following conditions are met:

(a) The party state is the primary state of residence for the multistate licensee;

(b) The multistate licensee holds an active license issued by a party state that is not currently suspended, revoked, canceled, or otherwise restricted or conditioned in any manner; and

(c) The requirements specified in paragraph (a) or (b) of this subsection must be met at all times by any multistate licensee engaged in the multistate practice of pharmacy in or into Idaho.

(i) If such a multistate licensee no longer meets the requirements in paragraph (a) of this subsection, the multistate licensee must apply for licensure in the new primary state of residence prior to relocating to the new primary state of residence. If the pharmacist, pharmacist intern, or technician’s new primary state of residence is either Idaho or another party state, the pharmacist, pharmacist intern, or technician may continue to practice until a new license is issued in the new primary state of residence.

(ii) If a multistate licensee no longer meets the requirements in paragraph (b) of this subsection, the multistate licensee must immediately cease engaging in the multistate practice of pharmacy in or into Idaho, unless the multistate licensee obtains a license or registration issued by the board.

(4) A multistate licensee engaged in the multistate practice of pharmacy in or into Idaho must comply with all laws governing the practice of pharmacy in the state of Idaho.

(5) If the board finds grounds for discipline exist, as set forth in section 54-1726 or 37-2718, Idaho Code, the board may impose upon the multistate practice privileges of a multistate licensee any of the penalties set forth in section 54-1728 or 37-2718, Idaho Code. The board’s imposition of any penalties shall be limited to the multistate practice privileges of a multistate licensee. Only the party state shall have the power to revoke, suspend, or otherwise discipline a license issued by the party state.

(6) The board shall promptly notify a party state of any board action taken against the multistate practice privileges of a multistate licensee licensed by the party state. The party state shall give the same priority and effect to reported conduct received from the board as it would if such conduct had occurred within the party state.

History:

[54-1723B, added 2019, ch. 25, sec. 4, p. 42.]