About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

2012 Arkansas Attorney General Reports and Opinions 1 (2012)

handle is hein.sag/sagak0061 and id is 1 raw text is: SEAN PARNELL, GOVERNOR

DEPARTMENT OF LAW                   1031 WEST 4TffA VENUE, SUITE 200
OFFICE OF THE ATTORNEY GENERAL          PHONE:   (907)269-5100
FAX.-   (907)276-3697
April 17, 2012
Richard C. Holm, Chair
Board of Pharmacy
P.O. Box 110806
Juneau, AK 99811-0806
Re:   License requirements for individual pharmacists working for tribal health
programs, AGO No. AN2009102500
Dear Mr. Holm:
You have asked whether Alaska professional licensing requirements apply to
pharmacists working for Alaska Native tribal health programs. As explained in the
following opinion, because of a federal law enacted in March 2010, pharmacists
employed by tribal health programs do not need to be licensed in Alaska as long as they
are licensed in another state. This federal law, sometimes called Section 221, reads:
Licensed health professionals employed by a tribal health program shall be
exempt, if licensed in any State, from the licensing requirements of the
State in which the tribal health program performs the services described in
the contract or compact of the tribal health program under the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et seq.).'
Section 221 expressly preempts-i.e., overrides-state licensing requirements for a
pharmacist who qualifies for the exemption.2
The conclusion that pharmacists employed by tribal health programs are exempt
from Alaska licensing requirements relies entirely on the existence of Section 221.
Section 221 was enacted along with the Patient Protection and Affordable Care Act
(PPACA). PPACA has been challenged in multiple lawsuits, and the U.S. Supreme

See subsection III(A) of opinion.

25 U.S.C. § 1621t.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most