La. Admin. Code tit. 46 § LIII-506

Current through Register Vol. 50, No. 3, March 20, 2024

Section LIII-506 - Preferential Licensing Procedures for Military-Trained Applicants and Their Dependents

A. Definitions. The following terms shall have the meaning ascribed to them in this Subsection:

Dependent-a resident spouse or resident unmarried child under the age of 21 years, a child who is a student under the age of 24 years and who is financially dependent upon the parent, or a child of any age who is disabled and dependent upon the parent.

Jurisdiction-any state or territory of the United States of America.

Military-the armed forces or reserves of the United States, including the Army, Navy, Marine Corps, Coast Guard, Air Force, and the reserve components thereof, the National Guard of any state, the Military Reserves of any state, or the naval militia of any state.

B. Eligibility. The following persons are eligible for the preferential licensing procedures provided by this Section:

1. a member of the military who has been assigned to duty in Louisiana or his dependent;

2. a civilian employee of the United States Department of Defense who has been assigned to duty in Louisiana or his dependent;

3. a member of the military or civilian employee of the United States Department of Defense or their dependents who have established this state as their state of legal residence in their military record.

C. Requirements. Eligible persons seeking preferential licensing procedures shall demonstrate compliance with the following requirements:

1. the applicant holds a current and valid pharmacist license in another jurisdiction;

2. the applicant has held the license in the other jurisdiction for at least one year;

3. the applicant has satisfied all educational and experiential requirements required by the pharmacy regulatory authority in the other jurisdiction;

4. the applicant is held in good standing by the pharmacy regulatory authority in the other jurisdiction, or in the event such status is not used in this jurisdiction, the applicant holds an unrestricted license in that jurisdiction;

5. the applicant does not have a disqualifying criminal record as determined by the board;

6. the applicant has not had an occupational license revoked by a board in another jurisdiction due to negligence or intentional misconduct related to the applicants work in the occupation in another jurisdiction;

7. the applicant has not surrendered an occupational license due to negligence or intentional misconduct related to the applicants work in the occupation in another jurisdiction;

8. the applicant does not have a complaint, allegation, or investigation pending before a pharmacy regulatory authority in another jurisdiction which relates to unprofessional conduct or an alleged crime. If the applicant has a complaint, allegation, or investigation pending, the board shall not issue or deny a license until the complaint, allegation, or investigation is resolved, or the applicant otherwise satisfies the criteria for licensure in this state to the satisfaction of the board;

9. the applicant has paid all applicable fees in this state;

10. the applicant has applied for permanent licensure in this state. In the event the applicant fails to qualify for a permanent license as determined by the board, the special work permit issued under the authority of Subsection E of this Section shall be automatically terminated.

D. Upon receipt of an application for pharmacist licensure by an eligible applicant, the board staff shall mark the application for priority processing and preserve that status until the license is issued, or in the alternative, the board gives notice of its intent to deny the application and refuse to issue the license. The board shall notify the applicant of its licensing decision within 30 calendar days after receiving an application.

E. In the event the applicant intends to practice pharmacy before the issuance of the permanent license, the board may issue a special work permit to the applicant.

1. The special work permit shall expire 120 days after the date of issue and the permit shall not be renewable.

2. The special work permit shall identify the applicant, and further, shall indicate the authority for that person to practice pharmacy within the state of Louisiana as well as the dates of issue and expiration of the credential.

3. No applicant may practice pharmacy prior to the issuance of a special work permit or pharmacist license, or with an expired special work permit or pharmacist license.

4. The special work permit shall not be eligible for license transfer or reciprocity to any other jurisdiction.

5. The provisions of this Section shall not apply to a member of the military who has received, or is in the process of receiving, a dishonorable discharge from the military. Further, the provisions of this Section shall not apply to the spouse of a member of the military who has received, or is in the process of receiving, a dishonorable discharge from the military.

La. Admin. Code tit. 46, § LIII-506

Promulgated by the Department of Health and Hospitals, Board of Pharmacy, LR 39:3075 (November 2013), Amended by the Department of Health, Board of Pharmacy, LR 47244 (2/1/2021).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:3651.