Md. Code Regs. 10.34.02.03

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.34.02.03 - Licensure Examinations

A. An applicant may take Exam I upon satisfactory proof that the applicant has graduated, or is expected to graduate at the completion of the immediate semester, from a school or college of pharmacy that has been:

(1) Approved by the Board; or

(2) Accredited by the American Council on Pharmaceutical Education.

B. An applicant may not receive a license until the applicant has provided satisfactory proof to the Board of the applicant's graduation from a college or school of pharmacy approved by the Board or accredited by the American Council on Pharmaceutical Education.

C. Passing Grades-Exam I.

(1) The passing grade for each of the two parts of the Exam I is 75.

(2) If a candidate receives a passing grade on Part I or Part II of Exam I, the candidate is not required to retake that part unless the passing grade was received more than 1 year before the date the candidate successfully completed all of the other examination requirements set forth in this regulation.

D. Passing Grades-Exam II.

(1) Prescreening Test of Oral English Competency.

(a) On completion of a prescreening test application form provided by the Board, an applicant may elect to take a standardized prescreening test of oral English competency given by the Board's agents at times to be determined by the Board.

(b) An agent of the Board possessing post-secondary credentials in an academic discipline acceptable to the Board shall score the prescreening test of oral English competency through the use of a standardized rating system.

(c) An agent of the Board shall design the rating system of the prescreening test so that a passing score demonstrates that an applicant speaks fluent English as proficiently as typical United States native speakers whose English is easily understood by the average pharmacy patient or customer.

(d) By choosing to take the prescreening test of oral English competency, an applicant is certifying to the Board that the applicant speaks English as proficiently as typical United States native speakers whose English is easily understood by the average pharmacy patient or customer.

(e) By choosing to take the prescreening test to verify this certification, the applicant consents to pay the costs of test administration and shall pay the fee indicated on the Board's prescreening application form directly to the Board's agent.

(f) An applicant who passes the prescreening test passes Exam II, the Test of Oral English Competency required under Regulation .02B(2)(b) of this chapter.

(g) An applicant who fails the prescreening test for oral English competency may take the Test of Oral English Competency required under Regulation .02B(2)(b) of this chapter without prejudice to the applicant's licensure application if the applicant pays all related fees.

(h) An applicant who has graduated from a recognized English-speaking professional school accredited by the Accreditation Council for Pharmacy Education is deemed to be proficient in the oral communication of the English language in satisfaction of requirements of the prescreening test.

(2) Test of Oral English Competency.

(a) In order to obtain a license to practice pharmacy, an applicant shall pass a standardized test of oral English competency approved by the Board or the board of pharmacy of another state with a score acceptable to the Board, based upon the Board's standards and the examination taken.

(b) The Board shall provide the applicant with a list of Board-approved testing services and the passing score for each approved test of oral English competency.

(c) Waiver. The Board shall waive the requirement as set forth under §D(2)(a) of this regulation if the applicant graduated from a recognized English-speaking professional school accredited by the Accreditation Council for Pharmacy Education.

(3) Claims of Speech Impairment.

(a) An applicant who claims to have a speech impairment shall submit documentation of the impairment on forms supplied by the Board and completed by a Board-approved:

(i) Licensed physician; and

(ii) Speech-language pathologist licensed to practice speech pathology in the United States.

(b) The applicant shall submit the documentation with:

(i) The applicant's initial application; or

(ii) Before the applicant's second attempt at passing the test of oral English competency.

(c) After the second examination, the applicant may not submit documentation of impairment unless:

(i) An intervening medical or surgical event caused the impairment;

(ii) The applicant claims the impairment before a third examination; and

(iii) The applicant provides documentation that is approved by the Board.

(d) The Board may accept documentation of a speech impairment as a passing score on Exam II if the applicant also:

(i) Provides documentation from a Board-approved licensed pharmacist or a Board-approved instructor in a school of pharmacy that the applicant can communicate in a professionally competent manner with patients and health care providers; and

(ii) Describes, in a hearing before the Board, the manner in which the applicant would communicate with a licensed prescriber regarding a prescription and would counsel a typical patient on proper drug usage.

(4) The certifying or verifying authority shall send all certificates and verifications directly to the Board for the applicants.

(5) The Board-approved testing services may not accept certificates and verifications sent to or by the applicant.

(6) If any of the documents required under this regulation are in a language other than English, the certifying or verifying authority shall submit a certified translation.

(7) The applicant shall bear the costs of:

(a) Translation by a certified translator;

(b) Taking the test of oral English competency; and

(c) Obtaining documents required under this regulation.

Md. Code Regs. 10.34.02.03

Regulations .03 recodified as Regulations .03 effective February 19, 1990 (17:3 Md. R. 298)
Regulation .03 amended effective April 9, 1984 (11:7 Md. R. 625); February 19, 1990 (17:3 Md. R. 298); November 1, 1994 (21:14 Md. R. 1229); November 3, 1997 (24:22 Md. R. 1551)
Regulation .03 amended effective June 20, 2005 (32:12 Md. R. 1047); amended effective 44:13 Md. R. 621, eff. 7/3/2017