Section 390-3 - Licensing of pharmacists(a) The State Board of Pharmacy may license as a pharmacist any person who has filed an application therefor, subscribed by the person under oath or affirmation, containing such information as the board may by regulation require, and who-- (1) Is not less than twenty-one years of age and is a citizen of the United States;(2) Has satisfied the board that he is of good moral and professional character, and that he is not unfit or unable to practice pharmacy by reason of the extent or manner of his use of alcoholic beverages or controlled substances or by reason of a physical or mental disability;(3) Holds a Bachelor of Science or advanced degree in pharmacy granted by a school or college of pharmacy which is accredited by an accrediting body recognized by the board;(4) Has completed an internship or other equivalent program which has been approved by the board or has demonstrated to the board's satisfaction experience in the practice of pharmacy which meets or exceeds the minimum internship requirements of the board;(5) Has satisfactorily passed such examinations given by the board.(6) Has not been convicted of a felonious act prohibited by the act of April 14, 1972 (P.L. 233, No. 64), known as "The Controlled Substance, Drug, Device and Cosmetic Act," or convicted of a felony relating to a controlled substance in a court of law of the United States or any other state, territory or country unless: (i) at least ten years have elapsed from the date of conviction;(ii) the applicant satisfactorily demonstrates to the board that he has made significant progress in personal rehabilitation since the conviction such that licensure of the applicant should not be expected to create a substantial risk of harm to the health and safety of patients or the public or a substantial risk of further criminal violations; and(iii) the applicant otherwise satisfies the qualifications contained in or authorized by this act. As used in this clause the term "convicted" shall include a judgment, an admission of guilt or a plea of nolo contendere. An applicant's statement on the application declaring the absence of a conviction shall be deemed satisfactory evidence of the absence of a conviction, unless the board has some evidence to the contrary.
(b) The State Board of Pharmacy shall, at least once in every six months, examine in the practice of pharmacy all pharmacy interns, who have completed their educational requirements, who shall make applications for said examination pursuant to regulations promulgated by the board. The administration of all written, oral and practical examinations shall be prepared and administered by a qualified and approved professional testing organization in the manner prescribed for written examinations by the provisions of section 812.1 of the act of April 9, 1929 (P.L. 177, No. 175), known as "The Administrative Code of 1929." In case of failure at a first examination, the applicant shall have within two years the privilege of a second and third examination. In case of failure in a third examination, the applicant shall have the privilege of examination only after satisfactorily completing additional preparation as directed and approved by the board.(c) 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. The board shall specify the period of time and in what manner the internship shall be served, and the applicant shall include evidence of completion of such an internship program in conformity with those standards established by the board by regulation.(d) The board may, by regulation, accept in lieu of the experience as a registered pharmacy intern as herein required other equivalent experience obtained prior to January 1, 1962.(e) Any person enrolled or accepted as a student of pharmacy in an accredited pharmacy degree program may, upon completion of his second year of college, file with the State Board of Pharmacy an application for registration as a pharmacy intern in which said application he shall be required to furnish such information as the board may, by regulation, prescribe and, simultaneously with the filing of said application, shall pay to the board a fee established by the board through regulation. All certificates issued to pharmacy interns shall be valid for a period not exceeding six years from the date of issue exclusive of time spent in the military service.(f) To assure adequate practical instruction, pharmacy internship experience as required under this act shall be obtained by employment in any licensed pharmacy under the direct supervision of a pharmacist meeting the requirements established by the board through regulation. Pharmacy internship experience shall include such instruction in the practice of pharmacy as the board by regulation shall prescribe.(g) The board may, without examination, license as a pharmacist any individual who, at the time of filing application therefor, is licensed as a pharmacist in any other state, territory or possession of the United States: Provided, That the said individual shall produce evidence satisfactory to the board of having had the required secondary and professional education and training, including internship, and is possessed of good character and morals as required of applicants for licensure under the provisions of this act: Provided, That individuals of good character and morals who have become licensed as pharmacists by examination in other states prior to the time this act takes effect shall be required to satisfy only the requirements which existed in this Commonwealth at the time they became licensed in such other states: Further provided, That the state in which said individual is licensed shall under similar conditions grant reciprocal licensure as pharmacist without examination to pharmacists duly licensed by examination in this Commonwealth. Every application under this subsection shall be accompanied by a fee established by the board through regulation for the application and expense of investigation by the State Board of Pharmacy. A fee established by the board through regulation shall be paid for the license and certificate prior to its approval and issuance by the board.(h) Each pharmacy intern applying for examination shall pay to the State Board of Pharmacy an examination fee established by the board through regulation. Upon passing the required examinations and complying with all the rules and regulations of the board and the provisions of this act, the board shall grant the applicant licensure as a pharmacist and issue to him a certificate qualifying him to enter into the practice of pharmacy. Said certificate shall not be issued until a fee established by the board through regulation shall be paid to the board.(i) The board shall provide for, regulate and require all individuals licensed as pharmacists or assistant pharmacists to renew their license biennially, and shall prescribe the form of such renewal and information required to be submitted by all applicants, including proof of continuing education. Unless the board shall have given ten days' previous notice to the applicant for renewal of licensure of objections to the renewal of his license based upon failure to meet the requirements of this act or a final conviction of or plea of guilty or nolo contendere of any charge based upon the laws of the United States or of this Commonwealth relating to the practice of pharmacy or controlled substances, the license of a licensee shall be renewed when the applicant shall file with the board his application accompanied by a biennial license fee established by the board through regulation.(j) An additional fee established by the board through regulation shall be paid for late licensure renewal of a pharmacist.(k) Assistant pharmacist-- (1) Any individual duly licensed as an assistant pharmacist prior to the date of this act may continue to act as such.(2) From the date of this act, no individual who is not already licensed as an assistant pharmacist shall be so licensed.1961, Sept. 27, P.L. 1700, §3. Amended 1979 , Nov. 1, P.L. 454, No. 91, § 1, effective in 60 days; 1982, Nov. 26, P.L. 755, No. 210, §1, imd. effective; 1985 , May 2, P.L. 26, No. 12, § 1, imd. effective; 1985 , Dec. 20, P.L. 433, No. 111, § 2, effective 1/1/1986.