§461-8  Renewal of licenses; continuing education requirement.  (a)  All licenses issued by the board, except temporary licenses issued under section 461-7, shall be renewed biennially on or before December 31 of each odd-numbered year.  Failure to pay the biennial fee and, beginning with the renewal for the licensing biennium commencing on January 1, 2008, to satisfy the continuing education requirement on or before December 31 of each odd-numbered year, shall constitute a forfeiture of the license as of the date of expiration.

     (b)  Any license forfeited pursuant to subsection (a) may be restored within three years upon payment of any penalty fee, the current biennial fees, and the renewal fee for the next biennium, if applicable, upon submission of proof of compliance with the continuing education requirement for the prior biennium, and upon meeting any other requirements specified in rules adopted pursuant to chapter 91.

     (c)  In the event that the pharmacist has not engaged in the practice of pharmacy in this State or in another state or territory of the United States within the past five years, the board may require the pharmacist to satisfy additional requirements, as specified in rules adopted pursuant to chapter 91, to demonstrate that the pharmacist is competent to practice in this State.

     (d)  Beginning with the renewal for the licensing biennium commencing on January 1, 2008, and every biennial renewal thereafter, each licensee shall have completed thirty credit hours in continuing education courses within the two-year period preceding the renewal date, regardless of the licensee's initial date of licensure; provided that a licensee who has graduated from an accredited pharmacy school within one year of the licensee's first license renewal period shall not be subject to the continuing education requirement for the first license renewal.  The board may extend the deadline for compliance with the continuing education requirement based on any of the following:

     (1)  Illness, as certified by a physician or osteopathic physician licensed under chapter 453 or licensed in the jurisdiction in which the licensee was treated;

     (2)  Military service under extended active duty with the armed forces of the United States;

     (3)  Lack of access to continuing education courses due to the practice of pharmacy in geographically isolated areas; and

     (4)  Inability to undertake continuing education due to incapacity, undue hardship, or other extenuating circumstances.

     (e)  A pharmacist who administers any vaccine to persons between the ages of fourteen and seventeen years or administers the human papillomavirus, Tdap (tetanus, diphtheria, pertussis), meningococcal, or influenza vaccine to persons between eleven and seventeen years of age pursuant to section 461-11.4 shall complete a training program approved by the board within every other biennial renewal period and submit proof of successful completion of the training program to the board; provided that the pharmacist shall meet these requirements prior to administering any vaccine to persons between the ages of fourteen and seventeen years or administering the human papillomavirus, Tdap (tetanus, diphtheria, pertussis), meningococcal, or influenza vaccine to persons between eleven and seventeen years of age.

     (f)  A pharmacist who prescribes and dispenses contraceptive supplies pursuant to section 461-11.6 shall complete an Accreditation Council for Pharmacy Education program approved by the board within every other biennial renewal period and submit proof of successful completion of the continuing education program to the board.

     (g)  Each licensee shall maintain the licensee's continuing education records.  At the time of renewal, each licensee shall certify under oath that the licensee has complied with the continuing education requirement of this section.  The board may require a licensee to submit, in addition to the certification, evidence satisfactory to the board that demonstrates compliance with the continuing education requirement of this section.

     (h)  The board may conduct random audits to determine compliance with the continuing education requirement.  The board shall provide written notice of an audit to a licensee randomly selected for audit.  Within sixty days of notification, the licensee shall provide the board with documentation verifying compliance with the continuing education requirement. [L 1949, c 175, pt of §1; RL 1955, §71-8; am L 1957, c 316, §12; am L 1961, c 142, §8(b); HRS §461-8; am L 1975, c 118, §25(1); am L 1984, c 7, §§64, 65; am L 1986, c 143, §9; am L 1990, c 248, §3; am L 1996, c 208, §3; am L 2004, c 165, §3; am L 2009, c 11, §63; am L 2012, c 42, §4; am L 2015, c 36, §2; am L 2017, c 67, §6 and c 68, §3]