§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)  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.



(f)  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]



 



Note



 



  The 2009 amendment is retroactive to April 3, 2008.  L 2009,
c 11, §76(a).