From: rosebaran@ferris.edu Sent: Monday, August 28, 2023 11:38 AM To: Joint Committee on Administrative Rules Cc: rosebaran@ferris.edu Subject: JCAR Committee Comments Person Completing Form Name : Rose Baran Phone : 517-339-7946 Email Address : rosebaran@ferris.edu Rule : Rule 338.521 and Pharmacy-General Rules Rule Set # 2022-8 LR, R 338.471-R 338.590 Comment : Chair Haadsma and The Joint Committee on Administrative Rules Members: I am writing regarding concerns with the Board of Pharmacy rule set 2022-8 LR - pharmacy general rules, in particular Rule 338.521. The Board of Pharmacy Work Group Rules Committee worked on the draft of these rules and scheduled a hearing for June 2, 2023 for public comment. The draft rule set that was available for the hearing was dated April 14, 2023 and then updated April 19, 2023. This draft did not delete in Rule 338.521 the requirement for an applicant to take the Multistate Pharmacy Jurisprudence Exam (MPJE) to obtain a pharmacist license. The Board of Pharmacy Work Group Rules Committee held a meeting on June 13, 2023 to review the public comments received at the June 2, 2023 public hearing on the rule set. Three individuals commented with the recommendation to delete the requirement for an applicant to take the Multistate Pharmacy Jurisprudence Exam (MPJE) to obtain a pharmacist license by examination. No one else from the public on June 13, 2023 was allowed to comment on the elimination of the MPJE because per the chair they did not comment on Rule 338.521 at the public hearing on June 2. However, the Work Group Rules Committee voted to eliminate the MPJE requirement based on the three commenters comments and send their recommendation to the full Board. The full Board on June 14, 2023 voted to send the rule set forward with the removal of the MPJE in Rule 338.521. The commenters arguing for the deletion of the MPJE stated several states have already eliminated the MPJE. However, in the article entitled “The Basis for Elimination of the Jurisprudence Examination as a Condition of Pharmacist Licensure in Idaho” in the American Journal of Pharmaceutical Education, 2023 page 100119, states there are only two states (Idaho and Vermont) that do not require a second examination for pharmacists focused on pharmacy law, most commonly the MPJE. These two states are Idaho and Vermont. In Idaho, the Idaho Board of Pharmacy had undertaken a significant regulatory reform initiative eliminating nearly half of the regulations governing the professional practice standards and more than 2/3 of the regulations governing facility standards. This Idaho pharmacy regulation change rendered many of the existing pharmacy jurisprudence examination questions obsolete which would deplete the question bank for the Idaho MPJE. Vermont waived the MPJE exam until new rules are developed in Vermont. The Vermont Board of Pharmacy on its website states “The MPJE is not required. In response to legislation limiting state- specific examinations, as well as urgent workforce challenges presented by the COVID-19 pandemic, the Board of Pharmacy has waived MPJE examination requirements pending adoption of the next iteration of the Board's Administrative Rules.” Eliminating the MPJE to obtain a pharmacist license is a significant change to the rules. This rule set should have another public hearing to allow the public to comment on this significant change, of eliminating the MPJE to obtain a pharmacist license by examination. Respectfully submitted, Rose Baran Pharm.D. This email was submitted via the Michigan Legislative Council Website to the JCAR Committee. If you received a copy of this email and you did not send this email, please contact the Committee by replying to this email.