Pharmacy- Pharmacist Continuing Education Rules - ORR 2021-051 LR

Public Comment Summary

Rules Committee’s Recommendations to October 24, 2022, Public Comments

Testimony/Comments Received:

Rose Baran

Charlie Mollien

Rule 338.3042

Rule Numbers

Section (1)(d)

License renewals; continuing education requirements; applicability.

Commenter Comment

Mollien

Modify R 338.3042(1)(d) to reflect the actual practice of the Department to read:

The continuing education requirements apply to an applicant for license renewal, who has been

licensed for the 2-year period immediately preceding the end of the license cycle. If a license cycle

is extended more than 2 years by the Department, the additional time may be used to complete the

continuing education requirements.

Section (2)

Baran

Rule 338.3042(2) is confusing. In the current Public Health Code-General Rules, Rule 338.7004(2)

it states “Beginning June 1, 2022, and for every renewal cycle thereafter, in addition to completing

any continuing education required for renewal, reregistration, or relicensure, an applicant for

license or registration renewal, reregistration, or relicensure under article 15 of the code, MCL

333.16101 to 333.18838, except those licensed under part 188 of the code, MCL 333.18801 to

333.18838, shall have completed a minimum of 1 hour of implicit bias training for each year of the

applicant’s license or registration cycle.”

It appears Rule 338.3042(2) is in conflict with Rule 338.7004 as Rule 338.3042(2) would allow

Implicit Bias Training to count for both Implicit Bias Training and continuing education credit in

the same renewal period.

Also the Implicit Bias Training FAQs at https://www.michigan.gov/-

January 17, 2023

/media/Project/Websites/lara/bpl/Shared-Files/Implicit-Bias-Training-

FAQs.pdf?rev=3bc940b9f585408db605070baf61c83e states “The rule also specifically states that

this training is in addition to any continuing education requirements required for renewal.

Suggest changing Rule 338.3042(2) to read: Except for the implicit bias training, the 1-time

training in human trafficking, and the 1-time training in opioid and controlled substances awareness

may be used to comply with both the training requirement and the continuing education

requirement in the same renewal period. An applicant for license renewal may not earn continuing

education credit for a program or activity that is identical to a program or activity an applicant has

already earned credit for during that renewal period.

Section (5)

Mollien

Modify R 338.3042(5) to make clear, and fair to all licensees, the Board does not intend to apply

additional license renewal requirements during the license cycle a rule change takes effect. For

example, if the Board were to require 1 hour of patient safety CPE in the future, the requirement to

complete the 1 hour begins with the next full license cycle (not in the middle of a license cycle,

which could have 1 day, 1 week, or 1.9 years left depending on when a licensee renews their

license).

If additional continuing education requirements are needed to meet license renewal requirements,

the new requirements take effect starting with the next full license cycle. Except as Otherwise

unless as stated, this rule takes effect upon promulgation of the rules.

Rules Committee (1)(d): The Rules Committee does not recommend that the requested language be added to the rule, as it is rare that the

Response

license cycle is extended, and the proposed language may be confusing to licensees.

(2): The Rules Committee does not recommend that the change be incorporated into the rules because the changes to the

General Public Health Code Implicit Bias rule make the comment moot.

(5): The Rules Committee is recommending that the comment be evaluated with the full Board. It was discussed that not

all changes to continuing education are effective at the same time. A reduction in requirements as well as procedural

requirements usually take place immediately upon promulgation. Rules that add specific continuing education hours

usually take affect for the first renewal cycle 1 year after the rules are promulgated, or on a specific date.

Board Response

(1)(d): The Board does not agree that the rule should be modified, as it is rare that the license cycle is extended,

and the proposed language may be confusing to licensees.

2

(2): Changes to the General Public Health Code Implicit Bias rule makes the comment moot.

(5): The Board does not agree that the rule should be modified, as the Board may add an effective date for future

changes in Pharmacy rules and the change would have no effect on the effective date in the General Public

Health Code Rules.

R 338.3042 License renewals; continuing education requirements; applicability.

Rule 2. (1) These rules apply to applications for renewal of a pharmacist's license and a special retired volunteer

pharmacist’s license under sections 16201 and 16184 of the code, MCL 333.16201 and 333.16184. A licensee seeking renewal

shall comply with all of the following:

(a) Submit a completed application on a form provided by the department, together with the requisite fee.

(b) Beginning with renewals on January 1, 2020, an applicant for license renewal shall have completed a 1-time training

identifying victims of human trafficking as required in R 338.511 and section 16148 of the code, MCL 333.16148.

(c) An applicant for license renewal, who also applies for a controlled substance license, shall have completed a 1-time

training in opioids and other controlled substances awareness as required in R 338.3135.

(d) The continuing education requirements apply to an applicant for license renewal, who has been licensed for the 2-year

period immediately preceding the end of the license cycle.

(e) An applicant for license renewal shall furnish the board with satisfactory evidence that the applicant completed not less

than 30 hours of continuing education approved by the board, under R 338.3043 and R 338.3044, during the license cycle

before the application for renewal. Continuing education that is earned during the 60-day grace period may be included up to

the date the application for renewal is filed. An applicant for license renewal shall complete all of the following continuing

education requirements:

(i) At least 1 hour of the 30 required hours of continuing education in pharmacy ethics and pharmacy law, which may be

completed in 1 or more courses.

(ii) At least 10 hours of the 30 required hours of continuing education must be live, synchronous, courses or programs, in-

person or virtual, that provide for the opportunity of direct interaction between faculty and participants, including but not

limited to, lectures, symposia, live teleconferences, and workshops. Accreditation Council for Pharmacy Education (ACPE)

courses designated as live meet this requirement.

(iii) At least 1 hour of the 30 required hours of continuing education in pain and symptom management, as required under

section 16204(2) of the code, MCL 333.16204. Continuing education in pain and symptom management includes, but is not

limited to, courses in behavior management, psychology of pain, pharmacology, behavior modification, stress management,

clinical applications, and drug interventions as they relate to professional practice.

3

(iv) Not more than 12 hours of continuing education during a 24-hour period.

(2) Except for the 1-time training in human trafficking, the 1-time training in opioid and controlled substances awareness,

and the implicit bias training, which may be used to comply with both the training requirement and the continuing education

requirement in the same renewal period, an applicant for license renewal may not earn continuing education credit for a

program or activity that is identical to a program or activity an applicant has already earned credit for during that renewal

period.

(3) Submission of an application for renewal constitutes the applicant’s certification of compliance with the requirements of

this rule. An applicant shall retain documentation of meeting the requirements of this rule for a period of 4 years from the

date of applying for license renewal. The board may require an applicant to submit evidence to demonstrate compliance with

this rule. Failure to comply with this rule is a violation of section 16221(h) of the code, MCL 333.16221.

(4) A request for a waiver under section 16205 of the code, MCL 333.16205, must be received by the department before the

expiration date of the license.

(5) Except as otherwise stated, this rule takes effect upon promulgation of the rules.

Rule 338.3044

Rule Numbers

Section (h)

Acceptable continuing education for licensees.

Commenter

Comment

Baran

Rule 338.3044(h) appears to allow a licensee presenting a continuing education program under (h)

at 5 different times in a renewal period and obtain 10 hours of continuing education for presenting

the same continuing education program. This would appear to conflict with Rule 338.3042(2) “An

applicant for license renewal may not earn continuing education credit for a program or activity

that is identical to a program or activity an applicant has already earned credit for during that

renewal period.” However, if that is the intent, to allow up to 10 hours for presenting the same

program in the same renewal period than no change is needed.

Rules Committee (h): The Rules Committee recommends that 10 hours be modified to 2 hours. A licensee should only receive continuing

Response

education credit for presenting a continuing education program approved by the board under R 338.3043 or subdivision

(a) of this rule that is not a part of the licensee’s regular job description once during a license cycle.

Board Response

(h): The Board agrees with the comment that a licensee should receive 2 hours of continuing education credit for

each license cycle for presenting a continuing education program approved by the board under R 338.3043 or

subdivision (a) of this rule that is not a part of the licensee’s regular job description.

4

R 338.3044 Acceptable continuing education for licensees.

Rule 4. The board shall consider all of the following as acceptable continuing education:

ACCEPTABLE CONTINUING EDUCATION ACTIVITIES

Type of Activity

# Number of Hours

Earned/Maximum Hours

(a) Completion of an approved continuing

education course or program related to the

The number of hours earned will

be the number of hours approved

practice of pharmacy. A continuing education by the sponsor or the approving

course or program is approved, regardless of

the format in which it is offered, if it is

organization.

approved or offered for continuing education If the activity was not approved

credit by any of the following:

for a set number of hours, then 1

credit hour for every 50 minutes of

participation may be earned.

 A pharmacy program accredited by

the Accreditation Council for

Pharmacy Education (ACPE) or the

Canadian Council for Accreditation of

Pharmacy Programs (CCAPP).

No limitation on the number of

hours earned.

 A continuing education sponsoring

organization, institution, or individual

approved by the ACPE.

 Another state board of pharmacy.

If audited, a licensee shall submit a copy of a

letter or certificate of completion showing the

licensee’s name, number of hours earned,

sponsor name or the name of the organization

that approved the program or activity for

continuing education credit, and the date on

which the program was held, or activity

5

completed.

(b) Completion of postgraduate pharmacy

Twelve hours of continuing

practice or administration courses offered for education will be earned for each

credit in a pharmacy school accredited by the academic quarter credit earned and

ACPE or the CCAPP.

18 hours will be earned for each

academic semester credit earned.

If audited, a licensee shall submit an official

transcript that reflects completion of the

postgraduate pharmacy practice or

No limitation on the number of

hours earned.

administration course and number of semester

or quarter credit hours earned.

(c) Participation in a home study program offered One hour will be earned for each

through an ACPE-approved provider or other hour devoted to a home study

instructional approaches that include an

evaluation component including, but not

limited to, on-line continuing education

programs and journal articles.

program.

A maximum of 20 hours may be

earned per renewal period.

If audited, a licensee shall submit an affidavit

attesting to the number of hours the licensee

spent participating in the home study program

that includes a description of the activity.

(d) Participation as a preceptor for at least 1

pharmacy intern.

Five hours of continuing education

may be earned for a minimum of

120 hours in person of

A preceptorship shall be for a minimum of

preceptorship in each renewal

120 hours in person and have a 1 intern - to - period.

1 preceptor ratio. This may involve multiple

preceptor relationships at different times.

A maximum of 5 hours may be

earned in each renewal period.

If audited, a licensee shall submit written

6

documentation from the educational

institution or preceptor’s supervisor verifying

the dates and hours of the preceptorship.

(e) Renewal of a pharmacy license held in

another state that requires continuing

education for license renewal that is

Thirty hours will be earned.

A maximum of 30 hours may be

substantially equivalent in subject matter and earned in each renewal period.

total amount of required hours to that

required in these rules if the licensee resides

and practices in another state.

If audited, a licensee shall submit proof of

current licensure in another state and a copy

of a letter or certificate of completion

showing all of the following:

 theThe licensee’s name,.

 numberNumber of hours earned,.

 theThe sponsor’s name or the name of

the organization that approved the

program or activity for continuing

education credit,. and

 theThe date on which the program

was held, or the activity was

completed.

(f) Initial publication of an article or a chapter

related to the practice of pharmacy in either

of the following:

Ten hours will be earned per

publication.

A maximum of 10 hours may be

earned in each renewal period.

 A pharmacy textbook.

 A peer reviewed journal.

7

If audited, a licensee shall submit a copy of

the publication that identifies the licensee as

the author or a publication acceptance letter.

(g) Successful completion of a board certification Ten hours may be earned in the

national pharmacy examination through

Board of Pharmacy Specialties (BPS).

year in which the licensee

achieves a passing score.

If audited, a licensee shall submit proof of a

passing score on the examination.

A maximum of 20 hours may be

earned in each renewal period.

Credit will not be given for

repeating the same examination

twice in a renewal period.

(h) Presentation of a continuing education

program approved by the board under R

338.3043 or subdivision (a) of this rule that is

not a part of the licensee’s regular job

description.

Two hours for every 50 minutes

devoted to presenting the program.

A maximum of 102 hours will

may be earned in each renewal

period.

If audited, a licensee shall submit a copy of

the curriculum and a letter from the program

sponsor verifying the length and date of the

presentation.

(i) Attendance at a pharmacy-related program

that is approved by the board pursuant to R

338.3043.

The number of hours earned will

be the number of hours approved

by the sponsor or the approving

organization.

If audited, a licensee shall submit a copy of a

letter or certificate of completion showing all If the activity was not approved

of the following:

for a set number of hours, then 1

credit hour for every 50 minutes of

 licensee’sLicensee’s name,.

8

participation may be earned.

 numberNumber of hours earned,.

 sponsorSponsor name or the name of

the organization that approved the

program or course for continuing

education credit,. and

No limitation on the number of

hours earned.

 theThe date on which the program

was held, or the activity was

completed.

(j) Attendance at a full board of pharmacy

meeting, disciplinary subcommittee

meeting, or rules committee work group

meeting.

One hour may be earned for

attending a full meeting. This

category of continuing education

qualifies as 1 hour in pharmacy

law.

A maximum of 5 hours may be

earned in each renewal period.

9

Archived: Tuesday, February 21, 2023 9:07:09 AM

From: BPL-BoardSupport

Sent: Tue, 25 Oct 2022 11:00:02

To: Ditschman, Andria (LARA)

Subject: FW: Public Comment for Pharmacy - Pharmacist Continuing Education Draft Rule

Importance: Normal

Sensitivity: None

From: Mollien, Charlie <Charlie.Mollien@meijer.com>

Sent: Monday, October 24, 2022 10:25 AM

To: BPL-BoardSupport <BPL-BoardSupport@michigan.gov>

Cc: Mollien, Charlie <Charlie.Mollien@meijer.com>

Subject: Public Comment for Pharmacy - Pharmacist Continuing Education Draft Rule

CAUTION: This is an External email. Please send suspicious emails to abuse@michigan.gov

Below are two comments for consideration to the draft rules for pharmacist continuing education.

1. Modify R 338.3042(1)(d) to reflect the actual practice of the Department to read:

The continuing education requirements apply to an applicant for license renewal, who has been licensed for the 2-

year period immediately preceding the end of the license cycle. If a license cycle is extended more than 2 years by

the Department, the additional time may be used to complete the continuing education requirements.

2. Modify R 338.3042(5) to make clear, and fair to all licensees, the Board does not intend to apply additional license

renewal requirements during the license cycle a rule change takes effect. For example, if the Board were to require 1

hour of patient safety CPE in the future, the requirement to complete the 1 hour begins with the next full license cycle

(not in the middle of a license cycle, which could have 1 day, 1 week, or 1.9 years left depending on when a licensee

renews their license).

If additional continuing education requirements are needed to meet license renewal requirements, the new

requirements take effect starting with the next full license cycle. Except as oOtherwise unless as stated, this rule takes

effect upon promulgation of the rules.

Charlie Mollien

Public Comment on Pharmacist Continuing Education Rules (MOAHR#2021-51LR)

Rose Baran PharmD

October 17, 2022

Rule 338.3042

The following paragraph in Rule 338.3042(2) is confusing “(2) Except for the 1-time training

in human trafficking, the 1-time training in opioid and controlled substances awareness,

and the implicit bias training, which may be used to comply with both the training

requirement and the continuing education requirement in the same renewal period, an

applicant for license renewal may not earn continuing education credit for a program or

activity that is identical to a program or activity an applicant has already earned credit for

during that renewal period.” In the current Public Health Code-General Rules, Rule

338.7004(2) states “Beginning June 1, 2022, and for every renewal cycle thereafter, in addition

to completing any continuing education required for renewal, reregistration, or relicensure, an

applicant for license or registration renewal, reregistration, or relicensure under article 15 of the

code, MCL 333.16101 to 333.18838, except those licensed under part 188 of the code, MCL

333.18801 to 333.18838, shall have completed a minimum of 1 hour of implicit bias training for

each year of the applicant’s license or registration cycle.” It appears Rule 338.3042(2) is in

conflict with Rule 338.7004 as Rule 338.3042(2) would allow Implicit Bias Training to count for

both Implicit Bias Training and continuing education credit in the same renewal period. Also the

Implicit Bias Training FAQs at https://www.michigan.gov/-

/media/Project/Websites/lara/bpl/Shared-Files/Implicit-Bias-Training-

FAQs.pdf?rev=3bc940b9f585408db605070baf61c83e states “The rule also specifically states

that this training is in addition to any continuing education requirements required for renewal.

Suggest changing Rule 338.3042(2) to read: Except for the implicit bias training, the 1-time

training in human trafficking, and the 1-time training in opioid and controlled substances

awareness may be used to comply with both the training requirement and the continuing

education requirement in the same renewal period. An applicant for license renewal may not

earn continuing education credit for a program or activity that is identical to a program or

activity an applicant has already earned credit for during that renewal period.

Rule 338.3044

Rule 338.3044(h) appears to allow a licensee presenting a continuing education program under

(h) at 5 different times in a renewal period and obtain 10 hours of continuing education for

presenting the same continuing education program. This would appear to conflict with Rule

338.3042(2) “An applicant for license renewal may not earn continuing education credit for a

program or activity that is identical to a program or activity an applicant has already earned

credit for during that renewal period.” However, if that is the intent, to allow up to 10 hours for

presenting the same program in the same renewal period than no change is needed.

Archived: Tuesday, February 21, 2023 9:07:13 AM

From: BPL-BoardSupport

Sent: Mon, 17 Oct 2022 15:55:26

To: Ditschman, Andria (LARA)

Subject: FW: Public Comments on Pharmacist Continuing Education Rules (MOAHR #2021 - LR)

Importance: Normal

Sensitivity: None

Attachments:

PublicCommentRPhCERules.docx;

From: Rose M Baran <RoseBaran@ferris.edu>

Sent: Monday, October 17, 2022 11:52 AM

To: BPL-BoardSupport <BPL-BoardSupport@michigan.gov>

Subject: Public Comments on Pharmacist Continuing Education Rules (MOAHR #2021 - LR)

CAUTION: This is an External email. Please send suspicious emails to abuse@michigan.gov

To Whom It May Concern:

Please find attached public comments on the Pharmacist Continuing Education Rules (MOAHR #2021 - LR).

Sincerely,

Rose Baran PharmD

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