REGULATIONS
Vol. 41 Iss. 10 - December 30, 2024

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF PHARMACY
Chapter 20
Proposed

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF PHARMACY

Proposed Regulation

Titles of Regulations: 18VAC110-20. Regulations Governing the Practice of Pharmacy (amending 18VAC110-20-20).

18VAC110-21. Regulations Governing the Licensure of Pharmacists and Registration of Pharmacy Technicians (amending 18VAC110-21-20).

18VAC110-30. Regulations for Practitioners of the Healing Arts to Sell Controlled Substances (amending 18VAC110-30-15).

18VAC110-50. Regulations Governing Wholesale Distributors, Manufacturers, Third-Party Logistics Providers, and Warehousers (amending 18VAC110-50-20).

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.

Public Comment Deadline: February 28, 2025.

Agency Contact: Caroline Juran, RPh, Executive Director, Board of Pharmacy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4456, FAX (804) 527-4472, or email caroline.juran@dhp.virginia.gov.

Basis: Regulations of the Board of Pharmacy are promulgated under the general authority of § 54.1-2400 of the Code of Virginia, which provides the board the authority to promulgate regulations in accordance with the Administrative Process Act (§ 2.2-400 et seq. of the Code of Virginia). In addition, the board is obligated by § 54.1-113 of the Code of Virginia to adjust fees to cover operating costs.

Purpose: The board last initiated a fee increase in 2017, which became effective in 2020. The previous fee increase prior to that was initiated in 2001 and became effective in 2002. The board instituted one-time fee reductions three times prior to the 2017 action. Salaries comprise the bulk of costs for any board within the Department of Health Professions. The five compounded state salary increases instituted since fiscal year (FY) 2020 have accelerated the need for a fee increase for the board. When the General Assembly enacts salary increases, general fund state agencies receive allocations through the budget process to cover the increase. The department, as a special fund agency, receives no such allocation and must ultimately increase fees on licensees to cover the difference. Additional operational changes affecting available funds include an increase in licensee counts, regulated categories added to the board's jurisdiction, and an increase in disciplinary cases received by the board. Without adequate revenue to support inspections of pharmacy facilities, licensing, and disciplinary functions, work to protect the public by regulating, licensing, and disciplining the pharmacy workforce under the board will slow and deprive the citizens of the Commonwealth with needed and safe pharmacy services. Additionally, should inadequate revenue cause a backlog of disciplinary cases, public health and safety may be at risk by permitting practitioners actively committing drug diversion or unprofessional conduct to continue practicing unencumbered for months while awaiting review and adjudication of disciplinary matters. The board's actual cash balance for FY 2023 was $2,270,363. The estimated FY 2024 cash balance, reflecting a projected revenue of $4,953,312 and expenditures of $5,555,671, is $1,668,004. The estimated FY 2025 cash balance, reflecting a projected revenue of $4,983,032 and expenditures of $6,238,671, will be $412,365. The estimated FY 2026 cash balance, reflecting a projected revenue of $5,012,930 and expenditures of $6,523,498, will be -$1,098,203. To remain solvent, the board needs to obtain an approximate 45% to 50% increase in revenue. If the proposed fees in this action become final prior to the December 2025 renewal period, the estimated FY 2026 cash balance would be $1,355,977.

Substance: To address the deficit in funding, the board will increase fees for all categories of practitioners and facilities that the board regulates, with a concerted effort to ensure that the bulk of the increases needed are borne by entities and facilities rather than individual practitioners and to address the cost of facility inspections, which is currently high above initial permitting, renewal, or reinspection fees applied to those facilities. The board has compared Virginia fees to those of neighboring jurisdictions and proposed fees more in line with other jurisdictions.

Issues: The primary advantage to the public is the continued licensing and disciplining of health care professionals and establishments by the board. There are no disadvantages to the public because the board is a special fund agency that is not funded by the general public. The primary advantage to the agency and the Commonwealth is the continued licensing and disciplining of health care professionals and establishments by the board. There are no primary disadvantages to the agency or the Commonwealth.

Department of Planning and Budget Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.1

Summary of the Proposed Amendments to Regulation. The Board of Pharmacy (board) is proposing to amend six regulations to increase fees for its licensed professions in order to comply with § 54.1-113 B of the Code of Virginia (the Callahan Act).2

Background. The Callahan Act requires the Department of Health Professions (DHP) and its boards to revise fees in situations in which expenses allocated to the board for the past biennium are more than 10% greater or less than moneys collected on behalf of the board.3 DHP reports that over the 2022-2024 biennium, the total board expenditures were $11,096,178 and total revenues were $10,016,277. Since the expenses exceed the revenues by 11%, these numbers would appear to satisfy the requirements of the Callahan Act, suggesting that a fee increase is necessary. DHP also reports that that the board is not currently in a deficit, with a cash balance of $1,714,255 at the end of fiscal year (FY) 2024. However, the board is projected to have a deficit of roughly $1.05 million by the end of FY 2026.4 DHP reports that the fees for this Board were last increased in 20205 and that the board had instituted one-time fee reductions three times prior to the 2020 increase.6 DHP reports that since the 2020 fee increase, the board has experienced several increases that drove up costs. Namely, increases in salaries (enacted by the General Assembly), the number of disciplinary cases and related workload, and the number of regulated entities. Regarding the latter, in 2019, the board began registering nonresident third-party logistics providers, nonresident warehousers, and limited-use physician selling drugs; and in 2021, the board began registering pharmacy technician trainees. To prevent the anticipated deficit, the board proposes to increase fees for most categories of practitioners and programs by 45% to 50%. DHP reports that although the bulk of board funding is provided by renewal fees of individual licensees, such as pharmacists, the board has made a concerted effort to ensure that the majority of the proposed increases are borne by entities and facilities rather than individual practitioners. This unequal application of the required fee increase is also intended to address the cost of facility inspections, which is currently higher than the initial permitting, renewal, or reinspection fees applied to those facilities. Lastly, the board proposes to add a new sterile compounding fee for pharmacies and nonresident pharmacies where sterile compounding is done. DHP reports that these inspections cost roughly $2,374 every two years and are essential to protect public safety because the process is inherently risky. The proposed fee increases, which are listed in the following table, are expected to generate approximately $2.4 million in additional revenue per year.7 Lastly, fees associated with pharmacy technician training programs would be eliminated due to statutory changes that removed board authority to approve such programs.

FEE TYPE

CURRENT FEE

PROPOSED FEE

DOLLAR CHANGE

PERCENTAGE

CHANGE

Pharmacy, 18VAC110-20

Initial application fees:

Pharmacy permit

$500

$700

$200

40.00 %

Physician licensed to dispense drugs

$500

$700

$200

40.00 %

Medical equipment supplier permit

$235

$350

$115

48.94 %

Outsourcing facility permit

$350

$900

$550

157.14 %

Nonresident pharmacy registration

$350

$700

$350

100.00 %

Nonresident outsourcing facility registration

$350

$900

$550

157.14 %

Controlled substances registration

$120

$180

$60

50.00 %

Pilot program approval

$325

$415

$90

27.69 %

Repackaging training program approval

$65

$85

$20

30.77 %

Sterile compounding

$0

$200

$200

N/A

Annual renewal fees:

Pharmacy permit

$350

$490

$140

40.00 %

Physician licensed to dispense drugs

$350

$490

$140

40.00 %

Medical equipment supplier permit

$235

$350

$115

48.94 %

Outsourcing facility permit

$350

$1,100

$750

214.29%

Nonresident pharmacy registration

$350

$490

$140

40.00 %

Nonresident outsourcing facility registration

$350

$1,100

$750

214.29%

Controlled substances registration

$120

$180

$60

50.00 %

Innovative pilot program

$260

$375

$115

44.23 %

Repackaging training program

$20

$25

$5

25.00 %

Sterile compounding

$0

$400

$400

N/A

Reinstatement fees:

Pharmacy permit

$315

$440

$125

39.68 %

Physician licensed to dispense drugs

$315

$440

$125

39.68 %

Medical equipment supplier permit

$275

$385

$110

40.00 %

Outsourcing facility permit

$315

$500

$185

58.73 %

Nonresident pharmacy registration

$150

$440

$290

193.33 %

Nonresident outsourcing facility registration

$315

$500

$185

58.73 %

Controlled substances registration

$235

$350

$115

48.94 %

Repackaging training program

$65

$85

$20

30.77 %

Other fees:

Change of Pharmacist-in-Charge

$65

$125

$60

92.31 %

Change of ownership

$65

$125

$60

92.31 %

Inspection for remodeling or change of location for any facility

$300

$435

$135

45.00 %

Reinspection

$300

$435

$135

45.00 %

Inspection of pilot location

$300

$435

$135

45.00 %

Change of pharmacist responsible for approved pilot

$35

$150

$115

328.57 %

Duplicate permit or registration

$15

$20

$5

33.33 %

Licensure of Pharmacists and Registration of Pharmacy Technicians, 18VAC110-21

Initial application fees:

Pharmacist license

$235

$300

$65

27.66 %

Pharmacy intern registration

$20

$30

$10

50.00 %

Pharmacy technician trainee registration

$20

$30

$10

50.00 %

Pharmacy technician registration

$35

$40

$5

14.29 %

Approval of CE program

$130

$190

$60

46.15 %

Annual renewal fees:

Pharmacist active license

$120

$175

$55

45.83 %

Pharmacist inactive license

$60

$95

$35

58.33 %

Pharmacy technician

$35

$45

$10

28.57 %

Reinstatement fees:

Pharmacist

$275

$300

$25

9.09 %

Pharmacist after revocation/suspension

$650

$750

$100

15.38 %

Pharmacy technician registration

$45

$50

$5

11.11 %

Pharm tech trainee or pharm tech after revocation/suspension

$165

$200

$35

21.21 %

Pharmacy technician trainee registration

$0

$25

$25

N/A

Other fees:

Duplicate license or registration

$15

$20

$5

33.33 %

Practitioners of the Healing Arts to Sell Controlled Substances, 18VAC110-30

Initial application fees:

Individual license

$235

$300

$65

27.66 %

Location permit

$315

$700

$385

122.22 %

Annual renewal fees:

Individual license

$120

$175

$55

45.83 %

Location permit

$315

$490

$175

55.56 %

Late fees:

Location permit

$50

$120

$70

140 %

Reinstatement fees:

Individual license

$195

$300

$105

53.85 %

Location permit

$315

$415

$100

31.75 %

Individual license following revocation or suspension

$650

$750

$100

15.38 %

Facility reinspection

$300

$435

$135

45.00 %

Wholesale Distributors, Manufacturers and Warehousers, 18VAC110-50

Initial application fees:

Nonrestricted manufacturer permit

$350

$1,000

$650

185.71 %

Restricted manufacturer permit

$235

$850

$615

261.70 %

Wholesale distributor license

$350

$750

$400

114.29 %

Warehouser permit

$350

$510

$160

45.71 %

Nonresident wholesale distributor registration

$350

$750

$400

114.29 %

Controlled substances registration

$120

$180

$60

50.00 %

Third-party logistics provider permit

$350

$750

$400

114.29 %

Nonresident manufacturer registration

$350

$1,000

$650

185.71 %

Nonresident warehouser registration

$350

$510

$160

45.71 %

Nonresident third-party logistics provider

$350

$750

$400

114.29 %

Annual renewal fees:

Nonrestricted manufacturer permit

$350

$1,000

$650

185.71 %

Restricted manufacturer permit

$235

$850

$615

261.70 %

Wholesale distributor license

$350

$1,000

$650

185.71 %

Warehouser permit

$350

$750

$400

114.29 %

Nonresident wholesale distributor registration

$350

$510

$160

45.71 %

Controlled substances registration

$350

$510

$160

45.71 %

Third-party logistics provider permit

$350

$750

$400

114.29 %

Nonresident manufacturer registration

$120

$180

$60

50.00 %

Nonresident warehouser registration

$350

$750

$400

114.29 %

Nonresident third-party logistics provider

$350

$750

$400

114.29 %

Reinstatement fees:

Nonrestricted manufacturer permit

$315

$440

$125

39.68 %

Restricted manufacturer permit

$275

$385

$110

40.00 %

Wholesale distributor license

$315

$440

$125

39.68 %

Warehouser permit

$315

$440

$125

39.68 %

Nonresident wholesale distributor registration

$315

$440

$125

39.68 %

Controlled substances registration

$235

$300

$65

27.66 %

Third-party logistics provider permit

$315

$440

$125

39.68 %

Nonresident manufacturer registration

$315

$440

$125

39.68 %

Nonresident warehouser registration

$315

$440

$125

39.68 %

Nonresident third-party logistics provider

$315

$440

$125

39.68 %

Other fees:

Reinspection

$300

$435

$135

45.00 %

Inspection for change of location, structural changes, security system changes

$300

$435

$135

45.00 %

Change of ownership

$65

$125

$60

92.31 %

Change of responsible party

$65

$125

$60

92.31 %

Estimated Benefits and Costs: The proposed fee increases would increase costs for pharmacists, pharmacy interns, pharmacy technicians, pharmacy technician trainees, and physicians selling controlled substances, as well as for owners of pharmacies, medical equipment suppliers, manufacturers, wholesalers, distributors, logistics providers, outsourcing facilities, and continuing education providers. The increased fees would allow the board to remain financially solvent and continue to provide oversight for pharmacy professionals and related facilities, including issuing licenses, conducting inspections, investigating complaints, and implementing any disciplinary actions. This in turn would maintain public confidence in these professionals and entities and protect public safety from unscrupulous actors and inadvertent errors in the supply chain for regulated pharmaceutical products.

Businesses and Other Entities Affected. The proposed fee increases would increase costs for current and prospective pharmacists, pharmacy interns, pharmacy technicians, pharmacy technician trainees, and physicians selling controlled substances, as well as for owners of pharmacies, medical equipment suppliers, manufacturers, wholesalers, distributors, logistics providers, outsourcing facilities, and continuing education providers. The following table provides the numbers of each category of professionals and entities licensed or permitted by the board at the close of FY 2024.8

Individuals

Count

Pharmacist

16,357

Pharmacy intern

1,125

Pharmacy technician

12,807

Pharmacy technician trainee

8,014

Physician selling controlled substances

559

Entities/Programs

Pharmacy

1,737

Non-resident pharmacy

962

Medical equipment supplier

212

Non-resident medical equipment supplier

367

Physician selling drugs location

129

Pilot programs

18

Repackaging training programs

1

Continuing education courses

9

Entities with controlled substances registration

1,498

Outsourcing facility

1

Non-resident outsourcing facility

33

Restricted manufacturer

32

Non-restricted manufacturer

34

Non-resident manufacturer

232

Third party logistics provider

5

Non-resident third party logistics provider

241

Warehouser

128

Non-resident warehouser

142

Wholesale distributor

62

Non-resident wholesale distributor

624

The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.9 An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.10 Since the proposed amendments would increase costs, an adverse impact is indicated for the various pharmacy professionals and entities listed that would face higher fees.

Small Businesses11 Affected.12 Types and Estimated Number of Small Businesses Affected. DHP does not collect data on the number of affected small businesses. However, some independent pharmacies that are not part of national retail pharmacy or grocery chains and continuing education providers are likely small businesses. Other business entities that are part of the supply chain may also meet the definition of a small business.

Costs and Other Effects. Small businesses affected by the proposed changes would face higher fees.

Alternative Method that Minimizes Adverse Impact. There are no clear alternative methods that both reduce adverse impact and meet the intended policy goals.

Localities13 Affected.14 The proposed amendments do not appear to disproportionally affect any locality in particular or affect costs for local governments.

Projected Impact on Employment. The proposed amendments would not be expected to affect employment prospects or entry into the profession for pharmacists or pharmacy technicians. Businesses impacted by the increased fees are unlikely to respond by reducing their staffing, so workers in manufacturing, warehousing, or distribution are unlikely to be affected either.

Effects on the Use and Value of Private Property. The proposed fee increases would increase costs for pharmacies, medical equipment suppliers, and other business entities that are part of the supply chain as listed above. Potentially, this may result in a modest decrease in their value. The proposed amendments do not affect real estate development costs.

_____________________________

1 Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

2 See https://law.lis.virginia.gov/vacode/title54.1/chapter1/section54.1-113/.

3 It should be noted that the Callahan Act does not specify whether moneys collected on behalf of the board refers only to the revenues in the immediately preceding biennium or if it also includes the cash balance from the biennium prior to that.

4 See page 3 of the Agency Background Document (ABD) https://townhall.virginia.gov/L/GetFile.cfm?File=30\6327\10369\AgencyStatement_DHP_10369_v3.pdf.

5 See https://townhall.virginia.gov/L/ViewAction.cfm?actionid=4938.

6 See https://townhall.virginia.gov/L/ViewAction.cfm?actionid=4772.

7 Pages 8-20 of the ABD contain detailed explanations for each fee change..

8 Source: DHP. See https://www.dhp.virginia.gov/about/stats/2024Q4/04CurrentLicenseCountQ4FY2024.pdf.

9 Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

10 Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

11 Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

12 If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

13 "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

14 Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The Board of Pharmacy concurs with the economic impact analysis prepared by the Department of Planning and Budget.

Summary:

Pursuant to § 54.1-113 of the Code of Virginia, the proposed amendments raise fees charged by the Board of Pharmacy to ensure the board obtains sufficient operating funds for fiscal years 2025 and 2026.

18VAC110-20-20. Fees.

A. Unless otherwise provided, fees listed in this section shall not be refundable.

B. Initial application fees.

1. Pharmacy permit

$500

$700

2. Permitted physician licensed to dispense drugs

$500

$700

3. Medical equipment supplier permit

$235

$350

4. Outsourcing facility permit

$350

$900

5. Nonresident pharmacy registration

$350

$700

6. Nonresident outsourcing facility registration

$350

$900

7. Controlled substances registrations

$120

$180

8. Innovative program approval.

$325

$415

If the board determines that a technical consultant is required in order to make a decision on approval, any consultant fee, not to exceed the actual cost, shall also be paid by the applicant in addition to the application fee.

9. Approval of a repackaging training program

$65

$85

10. Sterile compounding initial fee

$200

Applicants for a pharmacy permit or nonresident pharmacy registration that intend to perform sterile compounding shall submit a sterile compounding fee in addition to the pharmacy permit or nonresident pharmacy initial application fee.

C. Annual renewal fees.

1. Pharmacy permit – due no later than April 30

$350

$490

2. Physician permit to practice pharmacy – due no later than February 28

$350

$490

3. Medical equipment supplier permit – due no later than February 28

$235

$350

4. Outsourcing facility permit – due no later than April 30

$350

$1,100

5. Nonresident pharmacy registration – due no later than the date of initial registration

$350

$490

6. Nonresident outsourcing facility registration – due no later than the date of initial registration

$350

$1,100

7. Controlled substances registrations – due no later than February 28

$120

$180

8. Innovative program continued approval based on board order not to exceed $260 $375 per approval period.

9. Repackaging training program

$40 $50 every two years

10. Sterile compounding renewal fee

$400

Permitted pharmacies and registered nonresident pharmacies performing sterile compounding shall submit a sterile compounding renewal fee in addition to the pharmacy permit or nonresident pharmacy renewal fee.

D. Late fees. The following late fees shall be paid in addition to the current renewal fee to renew an expired permit or registration within one year of the expiration date. In addition, engaging in activities requiring a permit or registration after the expiration date of such permit or registration shall be grounds for disciplinary action by the board.

1. Pharmacy permit

$120

2. Physician permit to practice pharmacy

$120

3. Medical equipment supplier permit

$80

4. Outsourcing facility permit

$120

5. Nonresident pharmacy registration

$120

6. Nonresident outsourcing facility registration

$120

7. Controlled substances registrations

$40

8. Repackaging training program

$15

E. Reinstatement fees.

1. Any person or entity attempting to renew a permit or registration more than one year after the expiration date shall submit an application for reinstatement with any required fees. Reinstatement is at the discretion of the board and, except for reinstatement following revocation or suspension, may be granted by the executive director of the board upon completion of an application and payment of any required fees.

2. Facilities or entities that cease operation and wish to resume shall not be eligible for reinstatement but shall apply for a new permit or registration. Facilities or entities that failed to renew and continued to operate for more than one renewal cycle shall pay the current and all back renewal fees for the years in which they were operating plus the following reinstatement fees:

a. Pharmacy permit

$315

$440

b. Physician permit to practice pharmacy

$315

$440

c. Medical equipment supplier permit

$275

$385

d. Outsourcing facility permit

$315

$500

e. Nonresident pharmacy registration

$150

$440

f. Nonresident outsourcing facility registration

$315

$500

g. Controlled substances registration

$235

$350

h. Repackaging training program

$65

$85

F. Application for change or inspection fees for facilities or other entities.

1. Change of pharmacist-in-charge

$65

$125

2. Change of ownership for any facility

$65

$125

3. Inspection for remodeling or change of location for any facility

$300

$435

4. Reinspection of any facility

$300

$435

5. Board-required inspection for a robotic pharmacy system

$300

6. 5. Board-required inspection of an innovative program location

$300

$435

7. 6. Change of pharmacist responsible for an approved innovative program

$35

$150

G. Miscellaneous fees.

1. Handling fee for returned check or a dishonored credit card or debit card

$50

2. Duplicate permit or registration

$15

$20

3. Verification of permit or registration

$35

18VAC110-21-20. Fees.

A. Unless otherwise provided, fees listed in this section shall not be refundable.

B. Unless otherwise provided, any fees for taking required examinations shall be paid directly to the examination service as specified by the board.

C. Initial application fees.

1. Pharmacist license

$235

$300

2. Pharmacy intern registration

$20

$30

3. Pharmacy technician trainee registration

$20

$30

4. Pharmacy technician registration

$35

$40

5. Approval of a pharmacy technician training program

$200

6. 5. Approval of a continuing education program

$130

$190

D. Annual renewal fees.

1. Pharmacist active license – due no later than December 31

$120

$175

2. Pharmacist inactive license – due no later than December 31

$60

$95

3. Pharmacy technician registration – due no later than December 31

$35

$45

4. Pharmacy technician training program

$100 every two years

E. Late fees. The following late fees shall be paid in addition to the current renewal fee to renew an expired license or registration within one year of the expiration date or within two years in the case of a pharmacy technician training program. In addition, engaging in activities requiring a license or registration after the expiration date of such license or registration shall be grounds for disciplinary action by the board.

1. Pharmacist license

$40

2. Pharmacist inactive license

$20

3. Pharmacy technician registration

$15

4. Pharmacy technician training program

$20

F. Reinstatement fees. Any person or entity attempting to renew a license or registration more than one year after the expiration date, or more than two years after the expiration date in the case of a pharmacy technician training program, shall submit an application for reinstatement with any required fees. Reinstatement is at the discretion of the board and, except for reinstatement following revocation or suspension, may be granted by the executive director of the board upon completion of an application and payment of any required fees.

1. Pharmacist license

$275

$300

2. Pharmacist license after revocation or suspension

$650

$750

3. Pharmacy technician registration

$45

$50

4. Pharmacy technician or pharmacy technician trainee registration after revocation or suspension

$165

$200

5. A pharmacy technician training program that failed to renew and continued to operate for more than one renewal cycle shall pay the current and all back renewal fees for the years in which they were operating plus a reinstatement fee of $75. A pharmacy technician training program that ceases operation and wishes to resume shall not be eligible for reinstatement but shall apply for a new registration.

5. Pharmacy technician trainee

$25

G. Miscellaneous fees.

1. Duplicate wall certificate

$50

2. Handling fee for returned check or a dishonored credit card or debit card

$50

3. Duplicate license or registration

$15

$20

4. Verification of licensure or registration

$35

18VAC110-30-15. Fees.

A. Unless otherwise provided, fees listed in this section shall not be refundable.

B. Initial application fees.

1. License for practitioner of the healing arts to sell controlled substances: $235 $300.

2. Permit for facility in which practitioners of the healing arts sell controlled substances: $315 $700.

C. Annual renewal fees.

1. License for practitioner of the healing arts to sell controlled substances: $120 $175.

2. Permit for facility in which practitioners of the healing arts sell controlled substances: $315 $490.

D. Late fees. The following late fees shall be paid in addition to the current renewal fee to renew an expired license within one year of the expiration date.

1. License for practitioner of the healing arts to sell controlled substances: $40.

2. Permit for facility in which practitioners of the healing arts sell controlled substances: $50 $120.

E. Reinstatement fees. Any person or entity attempting to renew a license or permit more than one year after the expiration date shall submit an application for reinstatement with any required fees.

1. License for practitioner of the healing arts to sell controlled substances: $195 $300.

2. Permit for facility in which practitioners of the healing arts sell controlled substances: $315 $415.

3. Application fee for reinstatement of a license or permit that has been revoked or suspended indefinitely: $650 $750.

F. Facilities in which only one practitioner of the healing arts is licensed by the board to sell controlled substances shall be exempt from fees associated with obtaining and renewing a facility permit. Facilities that change from only one practitioner to more than one shall notify the board within 30 days of such change.

G. The fee for reinspection of any facility shall be 300 $435.

H. The handling fee for returned check or a dishonored credit card or debit card shall be $50.

18VAC110-50-20. Fees.

A. Unless otherwise provided, fees listed in this section shall not be refundable.

B. Initial application fees.

1. Nonrestricted manufacturer permit

$350

$1,000

2. Restricted manufacturer permit

$235

$850

3. Wholesale distributor license

$350

$750

4. Warehouser permit

$350

$510

5. Nonresident wholesale distributor registration

$350

$750

6. Controlled substances registration

$120

$180

7. Third-party logistics provider permit

$350

$750

8. Nonresident manufacturer registration

$350

$1,000

9. Nonresident warehouser registration

$350

$510

10. Nonresident third-party logistics provider registration

$350

$750

C. Annual renewal fees shall be due on February 28 of each year.

1. Nonrestricted manufacturer permit

$350

$1,000

2. Restricted manufacturer permit

$235

$850

3. Wholesale distributor license

$350

$750

4. Warehouser permit

$350

$510

5. Nonresident wholesale distributor registration

$350

$750

6. Controlled substances registration

$120

$180

7. Third-party logistics provider permit

$350

$750

8. Nonresident manufacturer registration

$350

$1,000

9. Nonresident warehouser registration

$350

$510

10. Nonresident third-party logistics provider registration

$350

$750

D. Late fees. The following late fees shall be paid in addition to the current renewal fee to renew an expired license within one year of the expiration date. In addition, engaging in activities requiring a license, permit, or registration after the expiration date of such license, permit, or registration shall be grounds for disciplinary action by the board.

1. Nonrestricted manufacturer permit

$120

2. Restricted manufacturer permit

$80

3. Wholesale distributor license

$120

4. Warehouser permit

$120

5. Nonresident wholesale distributor registration

$120

6. Controlled substances registration

$40

7. Third-party logistics provider permit

$120

8. Nonresident manufacturer registration

$120

9. Nonresident warehouser registration

$120

10. Nonresident third-party logistics provider registration

$120

E. Reinstatement fees.

1. Any entity attempting to renew a license, permit, or registration more than one year after the expiration date shall submit an application for reinstatement with any required fees. Reinstatement is at the discretion of the board and, except for reinstatement following license revocation or suspension, may be granted by the executive director of the board upon completion of an application and payment of any required fees.

2. Engaging in activities requiring a license, permit, or registration after the expiration date of such license, permit, or registration shall be grounds for disciplinary action by the board. Facilities or entities that cease operation and wish to resume shall not be eligible for reinstatement but shall apply for a new permit or registration.

3. Facilities or entities that failed to renew and continued to operate for more than one renewal cycle shall pay the current and all back renewal fees for the years in which they were operating plus the following reinstatement fees:

a. Nonrestricted manufacturer permit

$315

$440

b. Restricted manufacturer permit

$275

$385

c. Wholesale distributor license

$315

$440

d. Warehouser permit

$315

$440

e. Nonresident wholesale distributor registration

$315

$440

f. Controlled substances registration

$235

$350

g. Third-party logistics provider permit

$315

$440

h. Nonresident manufacturer registration

$315

$440

i. Nonresident warehouser registration

$315

$440

j. Nonresident third-party logistics provider registration

$315

$440

F. Application for change or inspection fees.

1. Reinspection fee

$300

$435

2. Inspection fee for change of location, structural changes, or security system changes

$300

$435

3. Change of ownership fee

$65

$125

4. Change of responsible party

$65

$125

G. The handling fee for a returned check or a dishonored credit card or debit card shall be $50.

H. The fee for verification of license, permit, or registration shall be $35.

VA.R. Doc. No. R24-7695; Filed December 02, 2024