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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 ANCHORAGE, ALASKA 99501-1994 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.