Policy Statement 2011-02: License Reinstatement Following Surrender, Suspension, or Revocation
Table of Contents
Policy No. 2011-02 sets forth the requirements for the reinstatement of a Pharmacist license, Pharmacy Intern registration or Pharmacy Technician registration ("license") issued by the Board of Registration in Pharmacy ("Board") following license surrender, suspension, revocation or rescission (Intern) by operation of a consent agreement entered into with the Board or final decision and order issued by the Board in an adjudicatory proceeding ("loss of license").
II. Petition for license reinstatement
A person whose license has been revoked and or suspended indefinitely or for whom conditions for license reinstatement have not been established by the Board shall be required to submit a preliminary petition in writing to the Board for license reinstatement ("preliminary license reinstatement petition") to determine whether any reinstatement opportunity is available consistent with the interest of the public health and safety if the person were to resume the practice of pharmacy in the Commonwealth
A person who has met all of the conditions for license reinstatement contained in an agreement entered into with the Board or in a Board final decision and order may petition the Board in writing for license reinstatement ("reinstatement petition") in accordance with Policy No. 2011-02. The reinstatement petition shall consist of an original, dated letter addressed to the Board and signed by the reinstatement petitioner ("petitioner") that incorporates all of the petitioner statements and the supporting documentation described below submitted in one reinstatement petition packet.
Each reinstatement petitioner is responsible for submitting a reinstatement packet to the Board in accordance with Policy No. 2011-02. All documentation submitted in connection with a reinstatement petition shall become part of such petition, which may not be withdrawn once received by the Board. A reinstatement petition shall become a permanent part of the records maintained by the Board.
Each petitioner for license reinstatement shall include all of the following statements in the reinstatement petition packet.
Each statement submitted shall be numbered accordingly:
- A statement describing how the petitioner has been affected by the loss of license.
- A statement describing the petitioner's activities, professional and personal, from the date of the loss of license to the present.
- A statement describing any remedial activities the petitioner has engaged in since the loss of license that shall include, but not be limited to, the following:
- the type of activity the petitioner has engaged in;
- if the activity involved an organization or other entity, the name and address of such organization or entity;
- the dates on which the petitioner engaged in such activity;
- the location at which the petitioner engaged in such activity;
- the name and title of, and contact information for, a person who can verify the petitioner's involvement in the activity; and
- why the petitioner considers such activity relevant to his or her resuming practice as a licensee of the Board.
- A statement, signed under the pains and penalties of perjury, as to whether or not the petitioner has engaged in any practice as a Pharmacist, Pharmacy Intern or Pharmacy Technician in Massachusetts that requires a license or has represented himself or herself as a Pharmacist, Pharmacy Intern or Pharmacy Technician in Massachusetts since the date of loss of license to the present.
- A statement explaining why favorable action by the Board on the petitioner's reinstatement petition is warranted.
- A statement describing the petitioner's plans to resuming practice or employment as Pharmacist, Pharmacy Intern or Pharmacy Technician in Massachusetts and the actions the petitioner will take to ensure compliance with all laws and regulations governing such practice.
- A statement identifying any other state or jurisdiction in which the petitioner holds a license or registration to practice as a Pharmacist, Pharmacy Intern or Pharmacy Technician and the license number; the current status of any such license; and a listing of any complaints resolved or pending regarding any such license.
- A statement identifying any other state or jurisdiction in which the petitioner holds any other occupational or professional license(s) and the license number(s).
- Above the petitioner's signature on the reinstatement petition, the following statement:"I, [petitioner's name], do hereby attest, under the pains and penalties of perjury, that the information I have provided in connection with this petition for license reinstatement is accurate and true. I understand that any failure on my part to provide accurate and true information shall constitute grounds for the Board denial of my reinstatement petition."
III. Required documentation
Each petitioner for license reinstatement is responsible for submitting the following documentation and applicable fees to the Board:
Each piece of documentation submitted must be numbered accordingly:
- Documentation satisfactory to the Board establishing that the petitioner has successfully completed any and all conditions for license reinstatement contained in a consent agreement entered into with the Board or in a Board final decision and order.
- Where the petitioner's loss of license was based on discipline of a license by a licensing entity in another state or jurisdiction, written verification must be provided directly to the Board by such licensing entity documenting that the petitioner has completed all conditions for license reinstatement in that state or jurisdiction and that the petitioner's license is in good standing or is eligible for renewal without conditions.
- Written verification of current license status from each state or jurisdiction in which the petitioner holds, or has held, any professional license or registration, must be provided directly to the Board by the licensing entity in the other state or jurisdiction.
- A resumé that identifies, at a minimum, the petitioner's employment and other activities from the date of loss of license to the present. With respect to employment, the resumé must identify:
- all of the petitioner's employers by name and address;
- date(s) of the petitioner's employment;
- position(s) held by the petitioner;
- all of the petitioner's immediate supervisors (name and position);
- the petitioner's employment duties and responsibilities; and
- the petitioner's reason(s) for leaving each employment; and
- if applicable, explain any gaps in employment history following loss of license.
With respect to other activities, the resumé may identify and describe any professional activities engaged in, educational programs completed, and academic degrees earned. Documentation of any education programs completed or academic degrees earned, or both, must provided directly to the Board by the educational institution with oversight of the program.
- A fully completed, signed, and dated License Reinstatement Questionnaire (attached below);
- Documentation satisfactory to the Board of any professional continuing education the petitioner has completed since the loss of license to the present.
- Notarized statements provided directly to the Board from least three individuals, one of whom must be a currently licensed pharmacist whose license is in good standing and without conditions, who:
- acknowledges having read the consent agreement or final decision and order relating to the petitioner's loss of license;
- has known the petitioner since the loss of license; and
- recommends reinstatement of the petitioner's license by stating the reasons for such recommendation.
- Where a petitioner identifies the existence of a criminal history in another state or jurisdiction, an Attestation as to Criminal Record in Another State or Jurisdiction must be fully completed, signed, and dated by the petitioner. The Board may require the petitioner to assist the Board in obtaining documentation of, and other information related to, such history.
NOTE: The Board will not accept the following documentation or any other documentation the veracity of which the Board may reasonably question:
- A copy of any document where the original document is reasonably available, except for a copy of a document that has been certified by the appropriate authority to be a true copy of the original document;
- any document that is not dated;
- any document that is not signed where a signature should appear; and
- any letter or other document in which the salutation is "To Whom It May Concern", "Dear Sir or Madam" or any similar salutation that does not indicate that the letter or other document is addressed to the Board.
IV. Current experience related to pharmacist, pharmacy intern or pharmacy technician
If the petition is approved, but the Board determines that the documentation submitted by a petitioner for license reinstatement does not demonstrate that the petitioner has relevant, current experience related to practice as a Pharmacist, Pharmacy Intern or Pharmacy Technician, the Board may then require as a condition of license reinstatement that the petitioner submit documentation satisfactory to the Board of the petitioner's:
- successful completion of continuing education in areas identified by the Board;
- if the petitioner is seeking reinstatement as a pharmacist:
- having retaken and passed the Multistate Pharmacy Jurisprudence Examination (MPJE®);
- having retaken and passed the North American Pharmacist Licensure Examination (NAPLEX®) and
- completion of 1500 of practical experience hours under the supervision of a Board-approved pharmacist preceptor;.
- if the petitioner is seeking reinstatement as a pharmacy technician, completion of any other experience or re-examination requirement identified by the Board;
- any other requirement or combination of the above as may be required by the Board.
V. Practice supervision after license reinstatement
The Board may require as a condition of license reinstatement that a petitioner engage in a period of supervised practice as a Pharmacist, Pharmacy Intern or Pharmacy Technician under the terms of a probation agreement between the petitioner and the Board, the terms of which shall be determined by the Board at the time of any license reinstatement.
VI. Petitioner's appearance before the board
The Board may require a petitioner for license reinstatement to appear before the Board in connection with the petitioner's reinstatement petition.
VII. Validity of petition for license reinstatement
A fully completed, signed, and dated petition for reinstatement shall be valid for 90 days from the date of receipt by the Board. If all required documentation is not received by the Board (in one complete reinstatement petition packet) within that period, such petition shall no longer be valid. A petitioner whose petition is no longer valid must submit a new reinstatement petition for consideration to the Board for approval at a later date. A written request for extension (one per petitioner) may be considered by the Board in limited circumstances where hardship is documented by the petitioner.
VIII. Standard for license reinstatement
The Board may grant a petition for license reinstatement where the Board determines that such reinstatement would be in the best interest of the public health, safety and welfare.
IX. Board decision on petition for license reinstatement; new petition following denial of reinstatement petition
The Board will notify a petitioner in writing of its approval (subject to satisfactory submission of all previously unpaid license renewal fees) or denial of the petition for license reinstatement. In the case of a denial of such petition, the Board will state the reasons for such denial. An petitioner whose reinstatement petition has been denied may submit a new petition to the Board, accompanied by all required documentation and applicable fees, not sooner than two (2) years from the date of initial petition denial, unless the Board directs otherwise.