PROPOSED RULEMAKING
STATE BOARD OF PHARMACY
[49 PA. CODE CH. 27 ]
Pharmacy Internship
[42 Pa.B. 5353]
[Saturday, August 18, 2012]The State Board of Pharmacy (Board) proposes to amend § 27.26 (relating to pharmacy internship) to read as set forth in Annex A.
Effective Date
This proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin.
Statutory Authority
The proposed rulemaking is authorized under sections 3(c) and 6(k)(9) of the Pharmacy Act (act) (63 P. S. §§ 390-3(c) and 390-6(k)(9)).
Background and Need for the Proposed Rulemaking
Section 3(c) of the act requires that ''to insure proficiency in the practical aspects of pharmacy, the board shall, by regulation, prescribe internship requirements which must be satisfactorily completed prior to issuance of a pharmacist license.'' Section 27.26 sets forth standards for the pharmacy internship. In addition to graduation from an Accreditation Council for Pharmacy Education (ACPE) accredited pharmacy degree program and successful completion of the licensure examination, completion of an internship prepares the applicant to function competently and effectively upon licensure. The current trend in pharmacy education is for greater participation by students in an academic internship as part of the educational process. This proposed rulemaking intends to permit a pharmacy intern to complete more of the internship requirements through academic internships or nontraditional internships. Additionally, this proposed rulemaking intends to better ensure that only those aspiring pharmacists who continue the path to licensure will be permitted to continue to work as pharmacy interns.
Description of the Proposed Amendments
The proposed rulemaking would amend § 27.26(a) to provide that the purpose of the internship is to provide the intern with experience that would enable the intern to begin ''functioning competently and effectively upon licensure'' rather than simply ''functioning competently under the act and this chapter.''
In addition to education in an ACPE-accredited pharmacy degree program, a pharmacy internship is a tremendously important phase of pharmacist training. An intern registration is valid for 6 years. However, if a pharmacy student chooses to permanently cease enrollment in a pharmacy program, the student is no longer progressing towards ultimate licensure as a pharmacist and should not be permitted to continue working as a pharmacy intern. The proposed rulemaking would amend § 27.26(c) to provide that a pharmacy intern registration will automatically become invalid if the intern permanently ceases enrollment in an accredited pharmacy degree program and to require the former intern to immediately return to the Board the pharmacy intern registration and preceptor approval documents.
The proposed rulemaking also would amend § 27.26(b)(2) to clarify not only that an applicant shall be enrolled or accepted into an ACPE-accredited pharmacy degree program, but also to expand the pre-pharmacy educational path by which an applicant may become so enrolled or accepted. So long as an applicant is enrolled or accepted as a first professional year (P1) student in an ACPE-accredited pharmacy degree program, the applicant is not required to have completed the 2 years of pre-pharmacy education at an ACPE-accredited school or college of pharmacy.
Section 27.26(d)(1) requires that a pharmacy intern serve an internship of at least 1,500 hours. The proposed rulemaking would amend § 27.26(d)(3) to decrease the minimum portion of that time that shall be served in a pharmacy from 750 to 500 hours. Correspondingly, the proposed rulemaking would amend § 27.26(d)(4) to increase the maximum portion of that time that may be served in an academic internship from 750 to 1,000 hours.
Section 27.26(e) limits internship credit to activities related to the practice of pharmacy and provides examples of those activities. Because a pharmacist may take and fill a prescription by means of an oral order, telephone or otherwise, the proposed rulemaking would add to those examples of activities related to the practice of pharmacy ''taking oral orders for prescriptions by telephone or otherwise.''
The proposed rulemaking would add a subsection to allow for an internship not served in a pharmacy or sponsored or approved by an accredited pharmacy degree program. As examples of a nontraditional internship, the Board has previously been asked to consider an intern serving with a preceptor pharmacist without being in a licensed pharmacy and also at a pharmaceutical company participating in a research project. Nontraditional internships would have to be approved by the Board in advance. As a nontraditional internship by definition is not served in a pharmacy, it may not be used to satisfy the pharmacy hours requirement of § 27.26(d)(3). To permit the Board adequate time to review the proposed internship, the request shall be submitted at least 90 days before beginning the internship.
Finally, because the Board does not specifically approve a pharmacy in which a pharmacy intern serves an internship, the proposed rulemaking would amend § 27.26(g) and (h)(3) to refer to the pharmacy that is ''utilized'' for intern training, rather than a pharmacy that is ''approved'' for intern training.
Fiscal Impact and Paperwork Requirements
The proposed rulemaking will not have adverse fiscal impact on the Commonwealth or its political subdivisions. The proposed rulemaking does not impose additional paperwork requirements upon the Commonwealth, political subdivisions or the private sector.
Sunset Date
The Board continuously monitors the effectiveness of its regulations. Therefore, a sunset date has not been assigned.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on August 8, 2012, the Board submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House Professional Licensure Committee and the Senate Consumer Protection and Professional Licensure Committee. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Board, the General Assembly and the Governor of comments, recommendations or objections raised.
Public Comment
Interested persons are invited to submit written comments, suggestions or objections regarding this proposed rulemaking to Kerry E. Maloney, Board Counsel, State Board of Pharmacy, P. O. Box 2649, Harrisburg, PA 17105-2649, st-pharmacy@state.pa.us within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin. Reference No. 16A-5424 (pharmacy internship) when submitting comments.
RICHARD R. SMIGA, RPh,
ChairpersonFiscal Note: 16A-5424. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS
CHAPTER 27. STATE BOARD OF PHARMACY
PHARMACISTS § 27.26. Pharmacy internship.
(a) Pharmacy internship means the supervised practical experience required for licensure as a registered pharmacist. The purpose of the pharmacy internship program is to provide a registered intern with the knowledge and practical experience necessary for functioning competently [under the act and this chapter] and effectively upon licensure.
(b) [A certificate of registration] Registration as a pharmacy intern will be available to an individual of good moral character who has completed at least 2 years of [pharmacy college or an accredited program leading to transfer into the third year of a pharmacy college in which the individual is enrolled or accepted] college and is enrolled or accepted as a student of pharmacy in an ACPE-accredited pharmacy degree program. A person desiring to register as a pharmacy intern shall do the following:
* * * * * (2) Forward to the Board [a letter or transcript certifying] acceptable documentation verifying that the applicant has successfully completed at least 2 years of [pharmacy college or an accredited program leading to transfer into the third year of a pharmacy college in which the applicant is enrolled or accepted] college and is enrolled or accepted as a student of pharmacy in an ACPE-accredited pharmacy degree program. Acceptable documentation includes a document bearing the school's seal received by the Board directly from the dean or registrar of the ACPE-accredited pharmacy degree program which includes the pharmacy student's name, address, Social Security number and a statement indicating that the student has successfully completed at least 2 years of college and is enrolled or accepted as a student of pharmacy in, or has graduated from, the ACPE-accredited pharmacy degree program.
(c) The Board will register an applicant after it receives a completed application and other items in subsection (b). A pharmacy intern [certificate] registration is valid for 6 years from the date of issue exclusive of time spent in the military. A pharmacy intern registration will automatically become invalid if the pharmacy intern permanently ceases enrollment in an ACPE-accredited pharmacy degree program prior to graduation. A pharmacy intern whose registration becomes invalid under this subsection shall immediately return to the Board the pharmacy intern registration and preceptor approval documents.
(d) The following applies to internship credit:
* * * * * (3) An intern shall serve at least [750] 500 of the 1,500 hours in a pharmacy.
(4) An intern may earn up to [750] 1,000 of the 1,500 hours in an internship program sponsored or approved by [the pharmacy college subject to the following conditions:] an ACPE-accredited pharmacy degree program.
[(i) The Board will determine the maximum number of hours available for each internship program sponsored or approved by a pharmacy college.
(ii) The Board will grant internship credit to an individual in an internship program sponsored or approved by a pharmacy college only if the following applies:
(A) The internship program is full-time.
(B) There is no concurrent academic courseload.
(C) The individual achieves a passing grade in the program.
(iii) A pharmacy college which desires to sponsor or approve an internship program shall request approval from the Board.
(iv) The Board will monitor internship programs which are sponsored or approved by a pharmacy college.]
* * * * * (6) The Board will not grant internship credit for hours which an individual served in a pharmacy if the supervising pharmacist was not registered as a preceptor. An exception to the requirement that the supervising pharmacist register as a preceptor will be made for internship hours acquired in an internship program sponsored or approved by [a pharmacy college] an ACPE-accredited pharmacy degree program.
(e) The Board will grant internship credit only for activities related to the practice of pharmacy. The following are examples of these activities: scrutinizing prescriptions or drug orders, taking oral orders for prescriptions by telephone or otherwise, compounding medications and filling prescriptions. The Board will not grant internship credit for activities which are not related to the practice of pharmacy. [The following are examples of these activities: retail sales unrelated to pharmacy items, shelving or clerical functions unrelated to pharmacy.]
(f) An intern who wishes to receive credit for internship experience that is not in a pharmacy or sponsored or approved by an APCE-accredited pharmacy degree program shall apply to the Board for approval before beginning an internship experience. Upon receipt of the application, the Board will review and determine how much, if any, credit will be given. Requests for approval shall be submitted at least 90 days before the internship experience begins. Credit given for a nontraditional internship may not be used to satisfy the requirement of subsection (d)(3) pertaining to the minimum amount of time the internship shall be served in a pharmacy.
(g) A person may not be eligible to become a candidate for registration to practice pharmacy unless the person receives instruction in practical pharmacy and pharmaceutical technique from an instructor, professor[,] or faculty member who is a registered pharmacist or from a faculty member who is a registered pharmacist at [a pharmacy college] an ACPE-accredited pharmacy degree program.
[(g)] (h) The following requirements are applicable to a pharmacy [approved] utilized for intern training:
* * * * * [(h)] (i) The requirements for registration as a pharmacist preceptor are as follows:
* * * * * (3) An applicant shall be working on a full-time basis in a pharmacy [approved] utilized for intern training.
* * * * * [(i)] (j) Credit shall be granted for practical experience gained in pharmacies outside this Commonwealth upon presentation of evidence satisfactory to the Board to indicate that the experience gained is substantially equivalent to that required by this chapter.
[(j)] (k) The pharmacy internship may not be deemed satisfactorily completed until the intern has filed affidavits with the Board certifying that the intern has obtained a total of 1,500 hours of practical experience since registration as a pharmacy intern.
[(k)] (l) When a candidate receives his first certificate and identification card to practice as a pharmacist, his certificate as an intern terminates.
[Pa.B. Doc. No. 12-1595. Filed for public inspection August 17, 2012, 9:00 a.m.]
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