NY Educ L § 6827 (2021)
2021 New York Laws EDN - Education Title 8 - The Professions Article 137 - Pharmacy 6827 - Mandatory Continuing Education.

§   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, 2022   * 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, 2022   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.