Notice of Proposed Rule

DEPARTMENT OF HEALTH
Board of Pharmacy
RULE NO: RULE TITLE
64B16-26.103: Continuing Education Credits; License Renewal; Consultant Pharmacist License Renewal; Nuclear Pharmacist License Renewal
PURPOSE AND EFFECT: The Board proposes the rule amendment in order to clarify continuing education requirements and renewal.
SUMMARY: Continuing education and renewal requirements will be clarified.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared. The Board determined the proposed rule will not have an impact on small business.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 456.033, 465.009 FS.
LAW IMPLEMENTED: 456.013(7), (9), 456.033, 465.009 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Rebecca R. Poston, Executive Director, Board of Pharmacy, 4052 Bald Cypress Way, Bin #C04, Tallahassee, Florida 32399-3254

THE FULL TEXT OF THE PROPOSED RULE IS:

64B16-26.103 Continuing Education Credits; License Renewal; Consultant Pharmacist License Renewal; Nuclear Pharmacist License Renewal.

(1) Prior to biennial renewal of pharmacist licensure, a licensee shall complete no less than 30 hours of approved courses of continued professional pharmaceutical education within the 24 month period prior to the expiration date of the license. The following conditions shall apply.

(a) through (h) No change.

(i) In addition to the continuing education credits authorized above, Aany volunteer expert witness who is providing expert witness opinions for cases being reviewed by the Department of Health pursuant to Chapter 465, F.S., shall receive five (5) hours of credit in the area of risk management for each case reviewed in the 24 months prior to the expiration date of the license, up to a maximum of ten (10) hours per biennium.

(j) The presenter of a live seminar, a live video teleconference or through an interactive computer-based application shall receive 1 credit for each course credit hour presented, however presenter will not receive additional credit for multiple same course presentations. At least ten (10) of the required 30 hours must be obtained either at a live seminar, a live video teleconference, or through an interactive computer-based application.

(k) through (l) No change.

(m) At least ten (10) of the required 30 hours must be obtained either at a live seminar, a live video teleconference, or through an interactive computer-based application.

(2)(a) No change.

(a)(b) No change.

(b)(c) No change.

(3)(a) No change.

(a)(b) No change.

(b)(c) No change.

(c) All programs approved by the ACPE for continuing education for nuclear pharmacists are deemed approved by the Board for general continuing education hours for nuclear pharmacists.

(4) Prior to renewal a registered pharmacy technician shall complete no less than twenty (20) hours of Board approved continuing education in the course work specified in Rule 64B16-26.355, F.A.C., within the 24 month period prior to the expiration date of the pharmacy technician registration.

(a) Upon a pharmacy technician’s first renewal, registrant must document the completion of one (1) hour of board approved continuing education which includes the topics of Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome; the modes of transmission, including transmission from a healthcare worker to a patient and the patient to the healthcare worker; infection control procedures, including universal precautions; epidemiology of the disease; related infections including tuberculosis (TB); clinical management; prevention; and current Florida law on AIDS and its impact on testing, confidentiality of test results, and treatment of patients. In order to meet this requirement, licensees must demonstrate that the course includes information on the State of Florida law on HIV/AIDS and its impact on testing, reporting, the offering of HIV testing to pregnant women, and partner notification issues pursuant to Sections 381.004 and 384.25, F.S. Any HIV/AIDS continuing education course taken during the second or subsequent renewal of registration may be applied to satisfy the general continuing education hours requirement.

(b) If the initial renewal of a pharmacy technician registration occurs less than 12 months after the initial licensure, then completion of courses of a pharmacy technician registration education hours will not be required.

(c) If the initial renewal of a pharmacy technician registration occurs 12 months or more after the initial licensure, then 12 hours of registered pharmacy technician continuing education hours must be completed prior to the renewal date of the license but no earlier than the date of initial licensure.

(d) All programs approved by the ACPE for continuing education for pharmacy technicians are deemed approved by the Board for general continuing education hours registered pharmacy technicians. Any course necessary to meet the continuing education requirement for HIV/AIDS license renewal shall be Board approved.

(e) Prior to renewal a licensee must complete, within the 24 month period prior to the expiration date of the license, a two-hour continuing education course approved in advance by the Board or the Accreditation Council for Pharmacy Education (ACPE) on medication errors that covers the study of root-cause analysis, error reduction and prevention, and patient safety. Hours obtained pursuant to this section may be applied by the licensee to the requirements of subsection (1).

(f) At least four (4) of the required 20 hours must be obtained either at a live seminar, a live video teleconference, or through an interactive computer-based application.

Rulemaking Authority 456.033, 465.009 FS. Law Implemented 456.013(7), (9), 456.033, 465.009 FS. History–New 3-19-79, Formerly 21S-6.07, Amended 1-7-87, Formerly 21S-6.007, Amended 7-31-91, 10-14-91, Formerly 21S-26.103, 61F10-26.103, Amended 7-1-97, Formerly 59X-26.103, Amended 7-11-00, 10-15-01, 1-2-02, 1-12-03, 4-12-05, 5-26-09, ________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Pharmacy
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Pharmacy
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 8, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 29, 2009