Cal. Code Regs. tit. 16 § 1706.6

Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 1706.6 - Temporary Licenses for Military Spouses/Domestic Partners
(a) Definitions: For the purposes of this section, the following definitions shall apply:
(1) "Disciplined" means that the applicant's license was placed on probation, revoked, suspended, reproved, censured, reprimanded, restricted, limited, or conditioned.
(2) "Jurisdiction" shall mean a California or another state's licensing board or agency, any agency of the federal government, or another territory of the United States.
(3) "Disciplinary proceeding" shall mean any proceeding or investigation under the authority of the licensing jurisdiction pursuant to which a licensee may be disciplined.
(4) "Good standing" shall mean that the applicant has not been disciplined, is not the subject of an unresolved complaint or review procedure and is not the subject of any unresolved disciplinary proceeding.
(5) "Original licensing jurisdiction" shall mean the entity that issued a license to the applicant authorizing the applicant to practice within the same scope for which the applicant seeks a temporary license from the Board.
(6) "License" shall mean a license of the same type that the applicant is applying for, or comparable authority to practice in another state, district, or territory of the United States.
(b) An applicant for a pharmacist, advanced practice pharmacist, pharmacy technician, designated representative, designated representative-reverse distributor, designated representative-3PL, or a designated paramedic temporary license pursuant to section 115.6 of the Business and Professions Code ("Code") shall submit a completed application to the Board and meet all of the requirements of this section and section 115.6 of the Code to be eligible for a temporary license. A completed application shall provide the following information:
(1) The applicant's identifying and contact information:
(A) Applicant's full legal name ((Last Name) (First Name) (Middle Name) and, if applicable, (Suffix)),
(B) Other name(s) applicant has used or has been known by,
(C) Applicant's address of record (The address of record may be a post office box number or other alternate address.),
(D) Applicant's physical address, if different than the applicant's address of record,
(E) Applicant's email address,
(F) Applicant's telephone number,
(G) Applicant's Social Security Number or Individual Taxpayer Identification Number, and,
(H) Applicant's birthdate (month, day, and year).
(2) The applicant shall indicate that the applicant is married to, or in a domestic partnership or other legal union with, an active duty member of the Armed Forces of the United States who is assigned to a duty station in California under official active duty military orders and shall provide the following documentation with the application:
(A) Certificate of marriage or certified declaration/registration of domestic partnership filed with the California Secretary of State or other documentary evidence of legal union with an active duty member of the Armed Forces, and,
(B) A copy of the military orders establishing their spouse or partner's duty station in California.
(3) The applicant shall disclose whether the applicant holds a current, active, and unrestricted license and provide written verification from the applicant's original licensing jurisdiction that the applicant's license or other comparable authority is in good standing under that jurisdiction. The verification shall include all of the following:
(A) the full legal name of the applicant and any other name(s) the applicant has used or has been known by,
(B) the license type and number issued to the applicant by the original licensing jurisdiction, and relevant law(s) and regulation(s) under which the license was issued,
(C) the name and location of the licensing agency,
(D) the issuance and expiration date of the license, and,
(E) information showing that the applicant's license is currently in good standing.
(4) The applicant shall attest that the applicant meets all of the requirements for temporary licensure as set forth in Business and Professions Code Section 115.6(c)(1) through (5), including that the applicant has not committed an act in any jurisdiction that would have constituted grounds for denial, suspension, or revocation of the license under the Business and Professions Code or this division at the time the act was committed and that the applicant is aware that a violation of this paragraph may be grounds for the denial or revocation of a temporary license issued by the Board of Pharmacy.
(5) The applicant shall also attest that the applicant has not been disciplined by a licensing entity in another jurisdiction and is not the subject of an unresolved complaint, review procedure, or disciplinary proceeding conducted by a licensing entity in another jurisdiction.
(6) The applicant shall submit fingerprints for use by and accessible to the Board in conducting criminal history information record checks through the California Department of Justice.
(7) For applicants for a temporary pharmacist license, the applicant has successfully completed the California Practice Standards and Jurisprudence Examination (CPJE).
(8) The applicant shall sign a statement attesting to the fact that the applicant meets all the requirements for the temporary license, and that the information submitted in the application is accurate, to the best of the applicant's knowledge.
(c) In addition to the above requirements, and prior to submission of the application specified in subsection (b), applicants for a temporary pharmacist license must successfully complete the Board's law and ethics examination designated as the California Practice Standards and Jurisprudence Examination (CPJE) for Pharmacists set forth in Section 4200 of the Code, which tests the applicant's knowledge and proficiency in state and federal laws and provisions of safe patient care and the items set forth in Section 4200.2 and 4200.3(d) of the Code.
(d) Upon issuance of a temporary license in accordance with Section 115.6(a) of the Code, the Board shall provide written notice to the applicant of the following:
(1) That the temporary license is nonrenewable;
(2) That the license expires 12 months after issuance, upon issuance or denial of a standard license, upon issuance or denial of a license by endorsement, or upon issuance or denial of an expedited license pursuant to Section 115.5 of the Code, whichever occurs first; and,
(3) Any holder of a temporary license desiring to continue their licensure or to practice in California after expiration of their temporary license shall apply for and obtain a standard pharmacist, advanced practice pharmacist, pharmacy technician, designated representative, designated representative-reverse distributor, designated representative-3PL, or a designated paramedic license, as applicable, in accordance with Sections 4200, 4202, 4210, 4053, 4053.1, 4053.2, and 4202.5 of the Code.

Cal. Code Regs. Tit. 16, § 1706.6

Note: Authority cited: Sections 115.6 and 4005, Business and Professions Code. Reference: Sections 30, 115.6, 480 and 4200, Business and Professions Code.

1. New section filed 3-21-2024; operative 3/21/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 12).