22 Tex. Admin. Code § 295.8

Current through Reg. 49, No. 43; October 25, 2024
Section 295.8 - Continuing Education Requirements
(a) Authority and purpose.
(1) Authority. In accordance with §559.053 of the Texas Pharmacy Act, (Chapters 551 - 569, Occupations Code), all pharmacists must complete and report 30 contact hours (3.0 CEUs) of approved continuing education obtained during the previous license period in order to renew their license to practice pharmacy.
(2) Purpose. The board recognizes that the fundamental purpose of continuing education is to maintain and enhance the professional competency of pharmacists licensed to practice in Texas, for the protection of the health and welfare of the citizens of Texas.
(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.
(1) ACPE--Accreditation Council for Pharmacy Education.
(2) Act--The Texas Pharmacy Act, Chapters 551 - 569, Occupations Code.
(3) Approved programs--Live programs, home study, and other mediated instruction delivered by an approved provider or a program specified by the board and listed as an approved program in subsection (e) of this section.
(4) Approved provider--An individual, institution, organization, association, corporation, or agency that is approved by the board.
(5) Board--The Texas State Board of Pharmacy.
(6) Certificate of completion--A certificate or other official document presented to a participant upon the successful completion of an approved continuing education program.
(7) Contact hour--A unit of measure of educational credit which is equivalent to approximately 60 minutes of participation in an organized learning experience.
(8) Continuing education unit (CEU)--A unit of measure of education credit which is equivalent to 10 contact hours (i.e., one CEU = 10 contact hours).
(9) CPE Monitor--A collaborative service from the National Association of Boards of Pharmacy and ACPE that provides an electronic system for pharmacists to track their completed CPE credits.
(10) Credit hour--A unit of measurement for continuing education equal to 15 contact hours.
(11) Enduring Materials (Home Study)--Activities that are printed, recorded, or computer assisted instructional materials that do not provide for direct interaction between faculty and participants.
(12) Initial license period--The time period between the date of issuance of a pharmacist's license and the next expiration date following the initial 30 day expiration date. This time period ranges from eighteen to thirty months depending upon the birth month of the licensee.
(13) License period--The time period between consecutive expiration dates of a license.
(14) Live programs--Activities that provide for direct interaction between faculty and participants and may include lectures, symposia, live teleconferences, workshops, etc.
(15) Standardized pharmacy examination--The North American Pharmacy Licensing Examination (NAPLEX).
(c) Methods for obtaining continuing education. A pharmacist may satisfy the continuing education requirements by either:
(1) successfully completing the number of continuing education hours necessary to renew a license as specified in subsection (a)(1) of this section;
(2) successfully completing during the preceding license period, one credit hour for each year of their license period, which is a part of the professional degree program in a college of pharmacy the professional degree program of which has been accredited by ACPE; or
(3) taking and passing the standardized pharmacy examination (NAPLEX) during the preceding license period as a Texas licensed pharmacist, which shall be equivalent to the number of continuing education hours necessary to renew a license as specified in subsection (a)(1) of this section.
(d) Reporting Requirements.
(1) Renewal of a pharmacist license. To renew a license to practice pharmacy, a pharmacist must report on the renewal application completion of at least thirty contact hours (3.0 CEUs) of continuing education. The following is applicable to the reporting of continuing education contact hours:
(A) at least one contact hour (0.1 CEU) specified in paragraph (1) of this subsection shall be related to Texas pharmacy laws or rules;
(B) not later than the first anniversary of becoming licensed to practice pharmacy, a pharmacist must have completed at least two contact hours (0.2 CEU) specified in paragraph (1) of this subsection related to approved procedures of prescribing and monitoring controlled substances as specified in § 481.07635 of the Texas Health and Safety Code;
(C) any continuing education requirements which are imposed upon a pharmacist as a part of a board order or agreed board order shall be in addition to the requirements of this section; and
(D) a pharmacist must have completed the human trafficking prevention course required in § 116.002 of the Texas Occupations Code.
(2) Failure to report completion of required continuing education. The following is applicable if a pharmacist fails to report completion of the required continuing education:
(A) the license of a pharmacist who fails to report completion of the required number of continuing education contact hours shall not be renewed and the pharmacist shall not be issued a renewal certificate for the license period until such time as the pharmacist successfully completes the required continuing education and reports the completion to the board; and
(B) a pharmacist who practices pharmacy without a current renewal certificate is subject to all penalties of practicing pharmacy without a license, including the delinquent fees specified in the Act, §559.003.
(3) Extension of time for reporting. A pharmacist who has had a physical disability, illness, or other extenuating circumstances which prohibits the pharmacist from obtaining continuing education credit during the preceding license period may be granted an extension of time to complete the continuing education requirement. The following is applicable for this extension:
(A) the pharmacist shall submit a petition to the board with his/her license renewal application which contains:
(i) the name, address, and license number of the pharmacist;
(ii) a statement of the reason for the request for extension;
(iii) if the reason for the request for extension is health related, a statement from the attending physician(s) treating the pharmacist which includes the nature of the physical disability or illness and the dates the pharmacist was incapacitated; and
(iv) if the reason for the request for the extension is for other extenuating circumstances, a detailed explanation of the extenuating circumstances, and if because of military deployment, documentation of the dates of the deployment;
(B) after review and approval of the petition, a pharmacist may be granted an extension of time to comply with the continuing education requirement which shall not exceed one license renewal period;
(C) an extension of time to complete continuing education credit does not relieve a pharmacist from the continuing education requirement during the current license period; and
(D) if a petition for extension to the reporting period for continuing education is denied, the pharmacist shall:
(i) have 60 days to complete and report completion of the required continuing education requirements; and
(ii) be subject to the requirements of paragraph (2) of this subsection relating to failure to report completion of the required continuing education if the required continuing education is not completed and reported within the required 60-day time period.
(4) Exemptions from reporting requirements.
(A) All pharmacists licensed in Texas shall be exempt from the continuing education requirements in paragraph (1) of this subsection during their initial license period, with the exception of the requirements in paragraph (1)(B), (C), and (F) of this subsection which must be completed during the time periods specified in the subparagraphs.
(B) Pharmacists who are not actively practicing pharmacy shall be granted an exemption to the reporting requirements for continuing education, provided the pharmacists submit a completed renewal application for each license period which states that they are not practicing pharmacy. Upon submission of the completed renewal application, the pharmacist shall be issued a renewal certificate which states that pharmacist is inactive. Pharmacists who wish to return to the practice of pharmacy after being exempted from the continuing education requirements as specified in this subparagraph must:
(i) notify the board of their intent to actively practice pharmacy;
(ii) pay the fee as specified in § 295.9 of this title (relating to Inactive License); and
(iii) provide copies of completion certificates from approved continuing education programs as specified in subsection (e) of this section for 30 contact hours (3.0 CEUs). Approved continuing education earned within two years prior to the licensee applying for the return to active status may be applied toward the continuing education requirement for reactivation of the license but may not be counted toward subsequent renewal of the license.
(e) Approved Programs.
(1) Any program presented by an ACPE approved provider subject to the following conditions:
(A) pharmacists may receive credit for the completion of the same ACPE course only once during a license period;
(B) pharmacists who present approved ACPE continuing education programs may receive credit for the time expended during the actual presentation of the program. Pharmacists may receive credit for the same presentation only once during a license period; and
(C) proof of completion of an ACPE course shall contain the following information:
(i) name of the participant;
(ii) title and completion date of the program;
(iii) name of the approved provider sponsoring or cosponsoring the program;
(iv) number of contact hours and/or CEUs awarded;
(v) the assigned ACPE universal program number and a "P" designation indicating that the CE is targeted to pharmacists; and
(vi) either:
(I) a dated certifying signature of the approved provider and the official ACPE logo; or
(II) the CPE Monitor logo.
(2) Courses which are part of a professional degree program or an advanced pharmacy degree program offered by a college of pharmacy which has a professional degree program accredited by ACPE.
(A) Pharmacists may receive credit for the completion of the same course only once during a license period. A course is equivalent to one credit hour for each year of the renewal period.
(B) Pharmacists who teach these courses may receive credit towards their continuing education, but such credit may be received only once for teaching the same course during a license period.
(3) Basic cardiopulmonary resuscitation (CPR) courses which lead to CPR certification by the American Red Cross or the American Heart Association or its equivalent shall be recognized as approved programs. Pharmacists may receive credit for one contact hour (0.1 CEU) towards their continuing education requirement for completion of a CPR course only once during a license period. Proof of completion of a CPR course shall be the certificate issued by the American Red Cross or the American Heart Association or its equivalent.
(4) Advanced cardiovascular life support courses (ACLS) or pediatric advanced life support (PALS) courses which lead to initial ACLS or PALS certification by the American Heart Association or its equivalent shall be recognized as approved programs. Pharmacists may receive credit for twelve contact hours (1.2 CEUs) towards their continuing education requirement for completion of an ACLS or PALS course only once during a license period. Proof of completion of an ACLS or PALS course shall be the certificate issued by the American Heart Association or its equivalent.
(5) Advanced cardiovascular life support courses (ACLS) or pediatric advanced life support (PALS) courses which lead to ACLS or PALS recertification by the American Heart Association or its equivalent shall be recognized as approved programs. Pharmacists may receive credit for four contact hours (0.4 CEUs) towards their continuing education requirement for completion of an ACLS or PALS recertification course only once during a license period. Proof of completion of an ACLS or PALS recertification course shall be the certificate issued by the American Heart Association or its equivalent.
(6) Attendance at Texas State Board of Pharmacy Board Meetings shall be recognized for continuing education credit as follows:
(A) pharmacists shall receive credit for three contact hours (0.3 CEUs) towards their continuing education requirement for attending a full, public board business meeting in its entirety;
(B) a maximum of six contact hours (0.6 CEUs) are allowed for attendance at a board meeting during a license period; and
(C) proof of attendance for a complete board meeting shall be a certificate issued by the Texas State Board of Pharmacy.
(7) Participation in a Texas State Board of Pharmacy appointed Task Force shall be recognized for continuing education credit as follows:
(A) pharmacists shall receive credit for three contact hours (0.3 CEUs) towards their continuing education requirement for participating in a Texas State Board of Pharmacy appointed Task Force; and
(B) proof of participation for a Task Force shall be a certificate issued by the Texas State Board of Pharmacy.
(8) Attendance at programs presented by the Texas State Board of Pharmacy or courses offered by the Texas State Board of Pharmacy as follows:
(A) pharmacists shall receive credit for the number of hours for the program or course as stated by the Texas State Board of Pharmacy; and
(B) proof of attendance at a program presented by the Texas State Board of Pharmacy or completion of a course offered by the Texas State Board of Pharmacy shall be a certificate issued by the Texas State Board of Pharmacy.
(9) Pharmacists shall receive credit toward their continuing education requirements for programs or courses approved by other state boards of pharmacy as follows:
(A) pharmacists shall receive credit for the number of hours for the program or course as specified by the other state board of pharmacy; and
(B) proof of attendance at a program or course approved by another state board of pharmacy shall be a certificate or other documentation that indicates:
(i) name of the participant;
(ii) title and completion date of the program;
(iii) name of the approved provider sponsoring or cosponsoring the program;
(iv) number of contact hours and/or CEUs awarded;
(v) a dated certifying signature of the provider; and
(vi) documentation that the program is approved by the other state board of pharmacy.
(10) Completion of an Institute for Safe Medication Practices' (ISMP) Medication Safety Self Assessment for hospital pharmacies or for community/ambulatory pharmacies shall be recognized for continuing education credit as follows:
(A) pharmacists shall receive credit for three contact hours (0.3 CEUs) towards their continuing education requirement for completion of an ISMP Medication Safety Self Assessment; and
(B) proof of completion of an ISMP Medication Safety Self Assessment shall be:
(i) a continuing education certificate provided by an ACPE approved provider for completion of an assessment; or
(ii) a document from ISMP showing completion of an assessment.
(11) Pharmacists shall receive credit for three contact hours (0.3 CEUs) toward their continuing education requirements for taking and successfully passing an initial Board of Pharmaceutical Specialties certification examination administered by the Board of Pharmaceutical Specialties. Proof of successfully passing the examination shall be a certificate issued by the Board of Pharmaceutical Specialties.
(12) Programs approved by the American Medical Association (AMA) as Category 1 Continuing Medical Education (CME) and accredited by the Accreditation Council for Continuing Medical Education subject to the following conditions:
(A) pharmacists may receive credit for the completion of the same CME course only once during a license period;
(B) pharmacists who present approved CME programs may receive credit for the time expended during the actual presentation of the program. Pharmacists may receive credit for the same presentation only once during a license period; and
(C) proof of completion of a CME course shall contain the following information:
(i) name of the participant;
(ii) title and completion date of the program;
(iii) name of the approved provider sponsoring or cosponsoring the program;
(iv) number of contact hours and/or CEUs awarded; and
(v) a dated certifying signature of the approved provider.
(f) Retention of continuing education records and audit of records by the board.
(1) Retention of records. Pharmacists are required to maintain certificates of completion of approved continuing education for three years from the date of reporting the contact hours on a license renewal application. Such records may be maintained in hard copy or electronic format.
(2) Audit of records by the board. The board shall audit the records of pharmacists for verification of reported continuing education credit. The following is applicable for such audits:
(A) upon written request, a pharmacist shall provide to the board documentation of proof for all continuing education contact hours reported during a specified license period(s). Failure to provide all requested records during the specified time period constitutes prima facie evidence of failure to keep and maintain records and shall subject the pharmacist to disciplinary action by the board;
(B) credit for continuing education contact hours shall only be allowed for approved programs for which the pharmacist submits documentation of proof reflecting that the hours were completed during the specified license period(s). Any other reported hours shall be disallowed. A pharmacist who has received credit for continuing education contact hours disallowed during an audit shall be subject to disciplinary action; and
(C) a pharmacist who submits false or fraudulent records to the board shall be subject to disciplinary action by the board.

22 Tex. Admin. Code § 295.8

The provisions of this §295.8 adopted to be effective March 19, 1990, 15 TexReg 1234; amended to be effective March 29, 1995, 20 TexReg 1889; amended to be effective March 25, 1999, 24 TexReg 2023; amended to be effective January 3, 2000, 24 TexReg 12068; amended to be effective June 20, 2001, 26 TexReg 4513; amended to be effective December 19, 2001, 26 TexReg 10311; amended to be effective June 23, 2003, 28 TexReg 4639; amended to be effective March 10, 2005, 30 TexReg 1284; amended to be effective November 21, 2007, 32 TexReg 8310; amended to be effective December 14, 2008, 33 TexReg 10027; amended to be effective September 13, 2009, 34 TexReg 6113; amended to be effectiveMarch 10, 2011, 36 TexReg 1556; amended to be effective September 9, 2012, 37 TexReg 6938; amended to be effective March 17, 2013, 38 TexReg 1682; Amended by Texas Register, Volume 43, Number 09, March 2, 2018, TexReg 1279, eff. 3/7/2018; Amended by Texas Register, Volume 44, Number 36, September 6, 2019, TexReg 4873, eff. 9/10/2019; Amended by Texas Register, Volume 44, Number 49, December 6, 2019, TexReg 7546, eff. 12/9/2019; Amended by Texas Register, Volume 45, Number 24, June 12, 2020, TexReg 4035, eff. 6/18/2020; Amended by Texas Register, Volume 47, Number 48, December 2, 2022, TexReg 8042, eff. 12/6/2022; Amended by Texas Register, Volume 48, Number 20, May 19, 2023, TexReg 2577, eff. 5/24/2023; Amended by Texas Register, Volume 48, Number 48, December 1, 2023, TexReg 7061, eff. 12/4/2023