Can a Foreighn Owner Own or Operate a Pharmacy in Michigan?

Full Question:

Hi,I am a Canadian citizen, working as a pharmacist in MI on H1B visa. I live in Windsor, ON and commute to my job in MI on a daily basis.Can I open my own pharmacy in MI or join as partner with someone who already owns a pharmacy.Your guidance would be highly appreciated.
01/26/2011   |   Category: Corporations ยป Professional...   |   State: Michigan   |   #24088

Answer:

It is possible as long as you are licensed and follow the necessary requirements. Please see the information at the link below:

http://www.michigan.gov/documents/mdch_pharmacist_full_lic_app_pkt_97812_7.pdf:

: LICENSURE BY ENDORSEMENT (LICENSED IN ANOTHER STATE)
1. Complete the application and return it to the Board of Pharmacy with the appropriate fees. If you dispense
controlled substances, you must apply for both a pharmacist and controlled substance license. An application
accompanied by the appropriate fee is valid for two years. If an applicant fails to complete the requirements
for licensure within two years from the date of filing the application, the application is no longer valid.
2. Effective October 1, 2008, all applicants for a health profession license or registration in Michigan are
required to submit fingerprints and undergo a criminal background check. Please see the attached
instructions. The Michigan Board is not able to accept fingerprints that have been obtained for any other
purpose. Your license or registration will not be issued until this process is complete.
3. Contact the National Association of Boards of Pharmacy (NABP) to seek instructions on providing your
NABP licensure and exam history to Michigan. NABP can be reached at (847) 391-4406, by fax at (847)
391-4502 or at www.nabp.net.
4. All applicants for pharmacist licensure by endorsement must take and pass the MPJE (Multi-state Pharmacy
Jurisprudence Exam).
a. Applicants for the MPJE examination must apply online at www.napb.net. Information about the content
and administration of the MPJE is available in the NAPLEX/MPJE Registration Bulletin that is also
available only on-line at www.nabp.net. The sample Scantron form included in the online Bulletin cannot
be printed and submitted as the registration form.”

Please see the following MI statutes to determine applicability:

338.481 Ownership of pharmacy, drugstore, or apothecary shop; requirements; exceptions.
Sec. 1. (1) A pharmacy, drugstore, or apothecary shop shall be owned by a pharmacist and a partnership or corporation shall not own a drugstore, pharmacy, or apothecary shop unless at least 25% of the interest in the partnership or the stock of the corporation is held by pharmacists. A corporation, organized and existing under the laws of this state, or another state, authorized to do business in this state and empowered by its charter to own and conduct a pharmacy, drugstore, or apothecary shop and which, at the time of passage of this act, owns and conducts a drugstore, pharmacy, or apothecary shop in this state may continue to own and conduct the drugstore, pharmacy, or apothecary shop and may establish and own additional pharmacies, drugstores, or apothecary shops pursuant to this act.
(2) A corporation which does not continue to own at least 1 pharmacy, drugstore, or apothecary shop theretofore owned by it, or ceases to be actively engaged in the practice of pharmacy in this state, shall not be permitted thereafter to own a drugstore, pharmacy, or apothecary shop.
(3) A person who is not a pharmacist and who at the time of the passage of this act owns a pharmacy, drugstore, or apothecary shop in this state, may continue to own and conduct the pharmacy, drugstore, or apothecary shop pursuant to existing laws and rules.
(4) The administrator, executor, or trustee of the estate of a deceased owner of a pharmacy, drugstore, or apothecary shop, or the widow, heirs, or next of kin of the deceased owner, may continue to own and conduct the pharmacy, drugstore, or apothecary shop pursuant to existing laws and rules.
(5) This act shall not apply to hospitals licensed by the department of public health pursuant to Act No. 368 of the Public Acts of 1978, as amended, being sections 333.1101 to 333.25211 of the Michigan Compiled Laws.
(6) This act shall not apply to a health maintenance organization licensed by the department of public health pursuant to Act No. 368 of the Public Acts of 1978, as amended.
(7) This act shall not apply to a pharmacy in an institution of higher education established by law having authority to grant a baccalaureate degree if the pharmacy is under the personal charge of a pharmacist.


333.17741 Pharmacy license required; personal charge of pharmacy by pharmacist; responsibility for compliance with laws; control and personal charge of pharmacy services; effect of violation on pharmacy license.
Sec. 17741. (1) A pharmacy shall not be operated unless licensed by this part.
(2) A pharmacy open for business shall be under the personal charge of a pharmacist. A pharmacist shall not simultaneously have personal charge of more than 1 pharmacy. The person to whom a pharmacy license is issued and the pharmacists on duty are responsible for compliance with federal and state laws regulating the distribution of drugs and the practice of pharmacy. Pharmacy services shall be conducted under the control and personal charge of a pharmacist.
(3) A penalty for violation of this part does not affect the pharmacy license of other than the place of business where the violation occurred.