Sec. B-1. 32 MRSA §13721, sub-§1, ¶H, as amended by PL 1997, c. 245, §7, is further amended to read:
H. The registration of pharmacy technicians, including the required fee as set under section 13724, and adoption of rules governing the training, qualification and employment of pharmacy technicians.
Sec. B-2. 32 MRSA §13723, sub-§5, as amended by PL 1997, c. 245, §§9 and 10, is repealed.
Sec. B-3. 32 MRSA §13724 is enacted to read:
The Director of the Office of Licensing and Registration within the Department of Professional and Financial Regulation may establish by rule fees for purposes authorized under this chapter in amounts that are reasonable and necessary for their respective purposes, except that the fee for any one purpose may not exceed $325. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. All fees received by the board must be paid to the Treasurer of State and used to carry out this chapter. Any balance of these fees may not lapse but must be carried forward as a continuing account to be expended for the same purposes in the following years.
Sec. B-4. 32 MRSA §13732, sub-§1, ¶¶A, E and F, as enacted by PL 1987, c. 710, §5, are amended to read:
A. Have submitted a written application in the form prescribed by the board together with the required examination and license fee as set under section 13724;
E. Have completed an internship or other program which that has been approved by the board or demonstrated, to the board's satisfaction, experience in the practice of pharmacy which that meets or exceeds the minimum internship requirement of the board; and
F. Have successfully passed an examination given approved by the board; and.
Sec. B-5. 32 MRSA §13732, sub-§1, ¶G, as enacted by PL 1987, c. 710, §5, is repealed.
Sec. B-6. 32 MRSA §13733, sub-§1, ¶¶A and F, as enacted by PL 1987, c. 710, §5, are amended to read:
A. Have submitted a written application in the form prescribed by the board together with the required fee as set under section 13724;
F. Have passed the state pharmacy law exam as administered by the board; and
Sec. B-7. 32 MRSA §13733, sub-§1, ¶G, as amended by PL 1999, c. 130, §7, is further amended to read:
G. Have presented to the board proof of initial licensure by examination and proof that the license and any other license or licenses granted to the applicant by any other state or states have not been suspended, revoked, canceled or otherwise restricted for any reason except nonrenewal or the failure to obtain required continuing education credits in any state where the applicant is licensed, but not engaged in the practice of pharmacy. If an otherwise qualified applicant for licensure by reciprocity has had a license suspended, revoked, cancelled or otherwise restricted for any reason, the board may assess the prior disciplinary event and in its discretion issue the license; and.
Sec. B-8. 32 MRSA §13733, sub-§1, ¶H, as enacted by PL 1987, c. 710, §5, is repealed.
Sec. B-9. 32 MRSA §13734, as amended by PL 1993, c. 600, Pt. A, §270, is further amended to read:
1. Renewal. A license shall expire annually on December 31st or on such other date as the commissioner may determine. Notice of expiration shall be mailed to each licensee's last known address at least 30 days in advance of the expiration of the license. The notice shall include any requests for information necessary for renewal. A license expires on the date set by the Commissioner of Professional and Financial Regulation pursuant to Title 10, section 8003, subsection 4 for the licensing period for which the license was issued. A renewal license is issued for each ensuing licensing period in the absence of any reason or condition that might warrant the refusal to grant a license, upon receipt by the board of the written request of the applicant and the required fee for the license as set under section 13724 and upon the applicant's presenting evidence of compliance with the requirements of section 13735.
Licenses may be renewed up to 90 days after the date of expiration upon payment of a late fee of $10 as set under section 13724 in addition to the a required renewal fee as set under section 13724. Any person who submits an application for renewal more than 90 days after the license renewal date shall be is subject to all requirements governing new applicants under this chapter, including a late fee, renewal fee and filing fee as set under section 13724, except that the board may, giving due consideration to the protection of the public, waive examination if that renewal application is made within 2 years from the date of that expiration.
2. Nonactive renewal registration. Every registered pharmacist not practicing pharmacy within this State shall pay annually, on or before December 31st or on another the expiration date as determined by the commissioner, a renewal fee to the secretary of the board as set under section 13724, in return for which a nonactive renewal registration shall must be issued.
Every registered pharmacist holding a nonactive renewal registration who desires to practice pharmacy in this State shall be is required to submit proof satisfactory to the board that, during the calendar year preceding application for active registration, the pharmacist has participated in not less than 15 hours of approved courses of continuing professional pharmaceutical education as defined in section 13735. The board may make exceptions from the operation of the continuing education requirement of this section in emergency or hardship cases.
If any person fails or neglects to procure the annual nonactive renewal registration, notice of that failure having been mailed to that person's last known address by the board, after the expiration of 30 days following the issue of notice, that person's original registration shall expire expires. That person, in order to regain registration, shall be is required to pay one renewal fee as set under section 13724 in addition to the sum of all fees that person may be in arrears.
3. Fees. The board shall specify by rule the procedures to be followed, in addition to those specified by section 13715-A, and the fees to be paid for renewal of licenses.
Sec. B-10. 32 MRSA §13735, as amended by PL 1999, c. 130, §8, is further amended by adding at the end a new paragraph to read:
Each application for approval of a continuing education program or course must be submitted according to the guidelines prescribed by rule by the board, together with a required fee as set under section 13724.
Sec. B-11. 32 MRSA §13751, sub-§3-A, as amended by PL 1997, c. 117, §11, is further amended to read:
3-A. Mail order contact lens suppliers. In order to meet the board's minimum licensure requirements, a mail order contact lens supplier must:
A. Apply for a license annually, if filling contact lens prescriptions by mail or carrier for a patient that resides in this State;
B. Pay the a license fee, which may not exceed $200 as set under section 13724;
C. Provide the name and address of the owner, partners or corporation and its officers;
D. Fill only written contact lens prescriptions containing expiration dates that do not exceed 24 months from the date of issue;
E. Maintain a record of every contact lens prescription filled for a period of 5 years; and
F. Supply, upon request, all information needed by the board to ensure compliance with this subchapter.
The board may adopt rules establishing additional licensure requirements and disciplinary actions for violation of this subchapter and board rules. Rules adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter II-A 2-A.
Sec. B-12. 32 MRSA §13752, sub-§1, as enacted by PL 1987, c. 710, §5, is amended to read:
1. Procedures. The board shall specify by rule the registration procedures to be followed, including, but not limited to, specification of forms for use in applying for certificates of registration and the times, and places and fees for filing an application, provided that the annual fee for an original or renewal certificate does not exceed $200.
Sec. B-13. 32 MRSA §13752, sub-§2, as amended by PL 1999, c. 130, §11, is further amended to read:
2. Required information. Applications for certificates of registration must include the required fee as set under section 13724 and the following information about the proposed drug outlet and pharmacist in charge:
A. Ownership of the outlet;
B. Location of the outlet;
C. Identity of the pharmacist licensed to practice in the State who will be the pharmacist in charge of the drug outlet, when one is required by this chapter, and such further information as the board may determine necessary. A pharmacist may be the pharmacist in charge for only one drug outlet, except upon the pharmacist applying for and receiving written authorization from the board. The position of pharmacist in charge may not be held by a qualified assistant pharmacist; and
D. A certification by the pharmacist identified as the pharmacist in charge that the pharmacist has read and understands the requirements and duties of a pharmacist in charge set forth in board rules.
Sec. B-14. 32 MRSA §13752, sub-§4, as enacted by PL 1987, c. 710, §5, is amended to read:
4. Professional responsibility. The board shall specify by rule minimum standards for the professional responsibility in the conduct of any drug outlet that has employees or personnel engaged in the practice of pharmacy. The board may require that the portion of the facility to which the certificate of registration applies be operated only under the direct supervision of no less than one pharmacist licensed to practice in this State and not otherwise and to provide such other special requirements as necessary. A change in the pharmacist in charge who is responsible for the drug outlet must be reported to the board together with the required fee as set under section 13724.
Sec. B-15. 32 MRSA §13758, sub-§5, as enacted by PL 1987, c. 710, §5, is amended to read:
5. Fees. Each registrant shall pay a required fee not to exceed $200 as set under section 13724.
Sec. B-16. 32 MRSA §13762, sub-§1, as amended by PL 1993, c. 716, §4, is further amended to read:
1. License required. A rural health center that desires to contract for pharmaceutical services with a pharmacy must be licensed by the board and shall abide by the rules of the board shall submit an application together with the required fee as set under section 13724. These The board may adopt rules may be that are no more restrictive than those regulating private pharmacy practice in the State. A rural health center is eligible for licensure under this subchapter if:
A. It serves a rural area without a pharmacy;
B. It is located in a community where available pharmacy services can not meet the documented need; or
C. It requires a license in order to receive pharmaceutical discounts authorized by the federal Veterans' Health Care Act of 1992, Title VI.
Sec. B-17. 32 MRSA §13762, sub-§2, as enacted by PL 1987, c. 710, §5, is amended to read:
2. Renewal. Licenses shall expire annually on December 31st or on such other date as the commissioner determines. Notice of expiration shall be mailed to each licensee's last known address at least 30 days in advance of the expiration of the license. The notice shall include any requests for information necessary for renewal. A license expires on the date set by the Commissioner of Professional and Financial Regulation pursuant to Title 10, section 8003, subsection 4 for the licensing period for which the license was issued. A renewal license is issued for each ensuing licensing period in the absence of any reason or condition that might warrant the refusal to grant a license and upon receipt by the board of the written request of the applicant and the required fee for the license as set under section 13724.
Licenses may be renewed up to 90 days after the date of expiration upon payment of a late fee of $10 in addition to the renewal a required fee, both of which are set under section 13724. Any person who submits an application for renewal more than 90 days after the license renewal date shall be is subject to all requirements governing new applicants under this chapter, including a late fee, renewal fee and filing fee as set under section 13724.
Sec. B-18. 32 MRSA §13762, sub-§3, as amended by PL 1993, c. 716, §4, is further amended to read:
3. Notice. Any rural health center wishing to be licensed under this subchapter shall notify the board of its intent to establish a contract with a pharmacy for pharmaceutical services and shall apply for a license, submit floor plans of the physical plant and pay the same a required fee required for a pharmacy under section 13723 as set under section 13724. The application must include the name, address and registration number of the provider of pharmaceutical services.
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