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This entry was published on 2022-04-22
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SECTION 6827
Mandatory continuing education
Education (EDN) CHAPTER 16, TITLE 8, ARTICLE 137
§ 6827. Mandatory continuing education. 1. (a) Each licensed
pharmacist required under article one hundred thirty of this chapter to
register triennially with the department to practice in the state shall
comply with provisions of the mandatory continuing education
requirements prescribed in subdivision two of this section except as set
forth in paragraphs (b) and (c) of this subdivision. Pharmacists who do
not satisfy the mandatory continuing education requirements shall not
practice until they have met such requirements, and they have been
issued a registration certificate, except that a pharmacist may practice
without having met such requirements if he or she is issued a
conditional registration certificate pursuant to subdivision three of
this section.

(b) In accord with the intent of this section, adjustment to the
mandatory continuing education requirement may be granted by the
department for reasons of health certified by an appropriate health care
professional, for extended active duty with the armed forces of the
United States, or for other good cause acceptable to the department
which may prevent compliance.

(c) A licensed pharmacist not engaged in practice as determined by the
department, shall be exempt from the mandatory continuing education
requirement upon the filing of a statement with the department declaring
such status. Any licensee who returns to the practice of pharmacy during
the triennial registration period shall notify the department prior to
reentering the profession and shall meet such mandatory education
requirements as shall be prescribed by regulations of the commissioner.

* 2. During each triennial registration period an applicant for
registration shall complete a minimum of forty-five hours of acceptable
formal continuing education, as specified in subdivision four of this
section, provided that no more than twenty-two hours of such continuing
education shall consist of self-study courses. Any pharmacist
participating in collaborative drug therapy management pursuant to
section six thousand eight hundred one-a of this article shall complete
at least five hours of acceptable formal continuing education in the
area or areas of practice generally related to any collaborative drug
therapy management protocols to which the pharmacist may be subject. Any
pharmacist whose first registration date following the effective date of
this section occurs less than three years from such effective date, but
on or after January first, nineteen hundred ninety-eight, shall complete
continuing education hours on a prorated basis at the rate of one and
one-quarter hours per month for the period beginning January first,
nineteen hundred ninety-seven up to the first registration date
thereafter. A licensee who has not satisfied the mandatory continuing
education requirements shall not be issued a triennial registration
certificate by the department and shall not practice unless and until a
conditional registration certificate is issued as provided for in
subdivision three of this section. Continuing education hours taken
during one triennium may not be transferred to a subsequent triennium.

* NB Effective until July 1, 2024

* 2. During each triennial registration period an applicant for
registration shall complete a minimum of forty-five hours of acceptable
formal continuing education, as specified in subdivision four of this
section, provided that no more than twenty-two hours of such continuing
education shall consist of self-study courses. Any pharmacist whose
first registration date following the effective date of this section
occurs less than three years from such effective date, but on or after
January first, nineteen hundred ninety-eight, shall complete continuing
education hours on a prorated basis at the rate of one and one-quarter
hours per month for the period beginning January first, nineteen hundred
ninety-seven up to the first registration date thereafter. A licensee
who has not satisfied the mandatory continuing education requirements
shall not be issued a triennial registration certificate by the
department and shall not practice unless and until a conditional
registration certificate is issued as provided for in subdivision three
of this section. Continuing education hours taken during one triennium
may not be transferred to a subsequent triennium.

* NB Effective July 1, 2024

3. The department, in its discretion, may issue a conditional
registration to a licensee who fails to meet the continuing education
requirements established in subdivision two of this section but who
agrees to make up any deficiencies and complete any additional education
which the department may require. The fee for such a conditional
registration shall be the same as, and in addition to, the fee for the
triennial registration. The duration of such conditional registration
shall be determined by the department but shall not exceed one year. Any
licensee who is notified of the denial of registration for failure to
submit evidence, satisfactory to the department, of required continuing
education and who practices pharmacy without such registration, may be
subject to disciplinary proceedings pursuant to section sixty-five
hundred ten of this chapter.

4. As used in subdivision two of this section, "acceptable formal
continuing education" shall mean formal courses of learning which
contribute to professional practice in pharmacy and which meet the
standards prescribed by regulations of the commissioner. The department
may, in its discretion and as needed to contribute to the health and
welfare of the public, require the completion of continuing education
courses in specific subjects. To fulfill this mandatory continuing
education requirement, courses must be taken from a sponsor approved by
the department, pursuant to the regulations of the commissioner.

5. Pharmacists shall maintain adequate documentation of completion of
acceptable formal continuing education and shall provide such
documentation at the request of the department. Failure to provide such
documentation upon the request of the department shall be an act of
misconduct subject to disciplinary proceedings pursuant to section
sixty-five hundred ten of this chapter.

6. The mandatory continuing education fee shall be forty-five dollars,
shall be payable on or before the first day of each triennial
registration period, and shall be paid in addition to the triennial
registration fee required by section sixty-eight hundred five of this
article.