wv-wv-18579: 15-03 — BOARD OF PHARMACY RULES FOR CONTINUING EDUCATION FOR LICENSURE OF PHARMACISTS

6/30/2026 1:24:54 PM Office of West Virginia Secretary Of State NOTICE OF PUBLIC COMMENT PERIOD AGENCY: Pharmacy TITLE-SERIES: 15-03 RULE TYPE: Legislative Amendment to Existing Rule: Yes Repeal of existing rule:No RULE NAME: BOARD OF PHARMACY RULES FOR CONTINUING EDUCATION FOR LICENSURE OF PHARMACISTS CITE STATUTORY AUTHORITY: §30-5-7 COMMENTS LIMITED TO: Written DATE OF PUBLIC HEARING: LOCATION OF PUBLIC HEARING: DATE WRITTEN COMMENT PERIOD ENDS: 07/30/2026 9:00 AM COMMENTS MAY BE MAILED OR EMAILED TO: NAME: Krista Capehart ADDRESS: 1207 Quarrier St 4th Floor Charleston, WV 25701 EMAIL: krista.d.capehart@wv.gov PLEASE INDICATE IF THIS FILING INCLUDES: RELEVANT FEDERAL STATUTES OR REGULATIONS: No (IF YES, PLEASE UPLOAD IN THE SUPPORTING DOCUMENTS FIELD) No INCORPORATED BY REFERENCE: (IF YES, PLEASE UPLOAD IN THE SUPPORTING DOCUMENTS FIELD) PROVIDE A BRIEF SUMMARY OF THE CONTENT OF THE RULE: Clarification of Continuing education for pharmacists SUMMARIZE IN A CLEAR AND CONCISE MANNER CONTENTS OF CHANGES IN THE RULE AND A STATEMENT OF CIRCUMSTANCES REQUIRING THE RULE: 1. clarify CE on drug diversion for pharmacists 2. Clarify membership of CE committee and filling a vacancy of the CE committee SUMMARIZE IN A CLEAR AND CONCISE MANNER THE OVERALL ECONOMIC IMPACT OF THE PROPOSED RULE: A. ECONOMIC IMPACT ON REVENUES OF STATE GOVERNMENT: 0 B. ECONOMIC IMPACT ON SPECIAL REVENUE ACCOUNTS: 0 C. ECONOMIC IMPACT OF THE RULE ON THE STATE OR ITS RESIDENTS: 0 D. FISCAL NOTE DETAIL: Effect of Proposal Fiscal Year 2026 2027 Fiscal Year (Upon Increase/Decrease Increase/Decrease Full (use "-") (use "-") Implementation) 1. Estimated Total Cost 0 0 0 Personal Services 0 0 0 Current Expenses 0 0 0 Repairs and Alterations 0 0 0 Assets 0 0 0 Other 0 0 0 2. Estimated Total 0 0 0 Revenues E EXPLANATION OF ABOVE ESTIMATES (INCLUDING LONG-RANGE EFFECT): None BY CHOOSING 'YES', I ATTEST THAT THE PREVIOUS STATEMENT IS TRUE AND CORRECT. Yes Krista Capehart By my signature, I certify that I am the person authorized to file legislative rules, in accordance with West Virginia Code §29A-3-11 and §39A-3-2. 15CSR3 TITLE 15 LEGISLATIVE RULE BOARD OF PHARMACY SERIES 3 BOARD OF PHARMACY RULES FOR CONTINUING EDUCATION FOR LICENSURE OF PHARMACISTS §15-3-1. General. 1.1. Scope. -- W. Va. Code §30-5-3A authorizes the Board of Pharmacy to promulgate rules which are necessary to perform the duties and responsibilities of the board as they relate to requiring pharmacists to meet certain continuing education requirements in order to maintain their license to practice pharmacy in the State of West Virginia. 1.2. Authority. -- This legislative rule is issued under the authority of W. Va. Code §30-5-7. 1.3. Filing Date. -- May 3, 2024. 1.4. Effective Date. -- May 3, 2024. 1.5. Sunset Date -- This rule shall terminate and have no further force or effect upon August 1, 20342032. §15-3-2. Definitions. 2.1. “Accreditation Council for Pharmacy Education” (“ACPE”) means the national accreditation organization for continuing pharmacy education. 2.2. “Chronic Pain” means pain that has persisted after reasonable medical efforts have been made to relieve the pain or cure its cause and that has continued, either continuously or episodically, for longer than three continuous months. For purposes of this rule, “chronic pain” does not include pain associated with a terminal condition or illness, or with a progressive disease that, in the normal course of progression, may reasonably be expected to result in a terminal condition or illness. 2.3. “Continuing Pharmacy Education” (“CPE”) means planned and accredited learning experiences beyond a formal degree program designed to promote the continual development of knowledge, skills, and attitudes on the part of the pharmacist or pharmacy technician. which promotes problem-solving and critical thinking and is applicable to the practice of pharmacy. 2.4. “Continuing Pharmacy Education Committee” (“CPE Committee”) means that committee appointed by the board responsible for approval of the content of each CPE activity, which is not otherwise automatically approved by this rule for CPE credit, offered by a non-accredited ACPE provider of CPE. 2.5. “Continuing Pharmacy Education Coordinator” (“CPE Coordinator”) means that individual or organization who may be retained by the board for the purpose of coordinating CPE activities and licensure renewal requirements. 2.6. “Continuing Pharmacy Education Hour” (“CPE Hour”) means one hour of participation in a board accredited continuing pharmacy education activity under responsible providership, capable direction and qualified instruction. For the purposes of this definition, an hour equals 1 15CSR3 sixty minutes of participation and represents 1.0 continuing pharmacy education contact hour, but Continuing Pharmacy Education activities of less than one hour may be approved as Continuing Pharmacy Education activities in fifteen-minute increments worth one quarter contact hour per fifteen-minute period. 2.7. “Continuing Pharmacy Education Number” (Number) means either the ACPE number or board-issued CPE number assigned to identify each approved activity. 2.8. “Continuing Pharmacy Education Provider” (Provider) means an institution, organization, agency, corporation, company, or individual approved by the board for the purpose of direct provision of continuing pharmacy education activities. 2.9. “CPE Monitor” means the electronic CPE monitor created and maintained through the collaborative efforts of National Association of Boards of Pharmacy the Accreditation Council for Pharmacy Education (ACPE) to permit CPE providers, pharmacists, and pharmacy technicians to electronically keep track of CPE credits earned from CPE providers, by acting as a repository of this information maintained on licensees’ behalf and reported by NABP to state boards of pharmacy which request verification of CPE. 2.10. “Reporting Period” means the two-year licensure period beginning on July 1 of a given year through June 30 two years later which coincides with the licensee’s renewal period. 2.11. “West Virginia Pharmacists Association” (Association) means a statewide professional organization whose members are current or former pharmacists duly licensed by the board. 2.12. “West Virginia Society of Health System Pharmacists” means a statewide professional organization representing the interests of current and former pharmacists duly licensed by the board who practice in hospitals, health maintenance organizations, long-term care facilities, home care, and other components of health care systems. §15-3-3. Purpose. 3.1. The purpose of Continuing Pharmacy Education (CPE) is to maintain and enhance the professional proficiency of pharmacists licensed to practice in West Virginia for the benefit and health, safety and welfare of the people served by pharmacists in the State of West Virginia. §15-3-4. Continuing Pharmacy Education Requirements. 4.1. A licensed pharmacist shall complete a minimum of thirty 30 CPE hours every two years, inclusive of any CPE requirements for consultant pharmacist registration, pharmacist immunization registration, and drug diversion training and best practice prescribing of controlled substances training, in order to renew his or her license to practice pharmacy in West Virginia, and each reporting period thereafter. 4.2. Hours earned may only be used to meet the requirements for one reporting period. Hours in excess of the number required at the end of each reporting period shall not be transferred or applied to future reporting periods to satisfy future CPE requirements. Hours earned in a new reporting period but used to meet the requirements of a prior reporting period may only be used for the prior reporting period. 4.3. Six hours of the thirty 30 CPE hours required every two years shall be obtained through a live presentation requiring the direct presence of the pharmacist at the CPE activity. 4.4. Every pharmacist, who dispenses controlled substances, as defined in W. Va. Code § 60A-1-101, shall complete a minimum of two hours of drug diversion training and best practice prescribing of controlled substances training within one year of receiving his or her initial license 2 15CSR3 from the Board. A pharmacist who does not dispense controlled substances is exempt from the requirement of this section. 4.4.1. A pharmacist who qualifies for the exemption under section 4.4. of this rule and who subsequently begins dispensing controlled substances shall complete the training required by section 4.4. of this rule within one year after the date on which the pharmacist begins dispensing controlled substances. 4.4.a.4.4.2. Said two hours of CPE shall be a part of the 30 hours of CPE required and is not two additional hours. 4.4.b.4.4.3. For purposes of this subsection, “drug diversion training and best practice prescribing of controlled substances training” means a training course of at least two CPE hours which includes drug diversion training, best-practice prescribing of controlled substances training, and training on prescribing and administration of an opioid antagonist that has been approved by the Board. §15-3-5. Methods of Acquiring Continuing Pharmacy Education. 5.1. Continuing pharmacy education hours of credit may be earned by licensed pharmacists in the following manner: 5.1.a.5.1.1. Live Activities, which means CPE activities that provide for a direct interaction between faculty and learners, and may include lectures, symposia, live teleconferences, live webinars, workshops, and other similar venues; 5.1.b.5.1.2. Home study by print, webinar, computer-based training, video, or other non- live approved activities or audio-visual presentations; 5.1.c.5.1.3. Credit earned from a United States accredited college/school or university for post-graduate courses in pharmaceutical sciences or other courses applicable to pharmacy practice; 5.1.d.5.1.4. Continuing pharmacy education activities granted credit by other states; and 5.1.e.5.1.5. Any activity approved by ACPE. 5.2. ACPE approved providers do not have to give a statement of credit to pharmacists. Non- ACPE approved providers shall provide the pharmacist a statement of credit or statement of attendance. §15-3-6. Activity Administration. 6.1. The board has the statutory responsibility for the oversight of CPE as required for licensure renewal and to appoint a Continuing Pharmacy Education Committee. §15-3-7. Continuing Pharmacy Education Committee. 7.1. The Continuing Pharmacy Education Committee shall be composed of equal representation from the West Virginia Board of Pharmacy, each accredited school of pharmacy located in the State of West Virginia, the West Virginia Pharmacists Association, and the West Virginia Society of Health System Pharmacists. If an accredited school of pharmacy in this state closes, ceases operations, or ceases to be accredited, or if a pharmacy association represented on the committee dissolves or otherwise ceases to exist, the entity shall no longer be entitled to representation on the committee, and the term of the member representing that entity shall 3 15CSR3 terminate upon the occurrence of that event. The Board of Pharmacy may remove the member from the committee and declare the position abolished or vacant, as applicable. 7.2. The members of the CPE Committee shall be selected by the board and shall serve for a period of three years and may be reappointed. A vacancy occurring before the expiration of a member’s term, whether caused by resignation, death, removal, inability to serve, or any other reason, may be filled by the Board of Pharmacy for the unexpired portion of the vacated term. Appointment to fill a vacancy does not commence a new three-year term. 7.3. The chairman of the CPE Committee shall be selected by the members of the committee. 7.4. The CPE Committee is responsible for approval of each activity offered by a non- accredited ACPE provider of CPE credit. 7.5. The CPE Committee shall: 7.5.a.7.5.1. perform necessary correspondence and communication with professional groups, organizations, and individuals who have interest in CPE; and 7.5.b.7.5.2. recommend to the board for its approval those providers of continuing pharmacy education activities who have been certified as meeting the criteria established for this purpose. 7.6 In all other matters concerning the approval of Continuing Pharmacy Education providers, the role of the CPE Committee is to advise and submit its recommendations to the board. §15-3-8. Responsibilities of Providers. 8.1. CPE providers are responsible for submitting CPE activities to the board for approval. 8.2. Providers shall submit an application for approval of any CPE activity in writing to the board at least thirty 30 days prior to their offering in order that potential participants will know whether the activity is approved. The board may approve activities submitted later provided proper cause is shown for late submission. 8.3. The proposed CPE activity shall contain all required information on forms provided by the board, including, but not limited to, the course name, provider name, proposed dates the activity will be offered, agenda, content overview, learning objectives and faculty name with biography. 8.4. The board may revoke or suspend approval of providers for submission of fraudulent information concerning CPE. 8.5. Changes to the content of an ongoing approved activity shall require the provider to submit a new application for the activity. 8.6. Providers shall retain a file of participants of each accredited activity for four years. 8.7. Providers not accredited by ACPE shall provide a statement of credit of participation to each participant or report course completion to the CPE Monitor for each participant who attends and successfully completes an activity. The statement of credit shall include at a minimum, the course name, date completed, total CPE hours earned, and the provider’s name, address, phone number, and board CPE number. §15-3-9. Responsibilities of Pharmacists. 4 15CSR3 9.1. Pharmacists shall keep valid records, receipts, and certifications of continuing pharmacy education activities completed for four years and submit certifications of participation and completion to the board upon request. The records may be kept in whole or in part in the pharmacist’s personal account in the CPE Monitor. 9.2. The board may take disciplinary action against a pharmacist for submission of fraudulent statements or certificates concerning CPE. 9.3. A Pharmacist shall submit, on forms provided by the board, a list of accredited CPE activities completed in the preceding reporting period with their renewal license application. 9.4. In the event a pharmacist fails to submit a list of completed CPE activities with his or her renewal application, the board shall may notify the pharmacist at his or her last known address that disciplinary action shall may be taken for failure to comply with CPE requirements. 9.5. A pharmacist may request a waiver from the board from the CPE requirements for reasons of illness, injury, incapacity, retirement, or other extenuating circumstances. 9.6. A pharmacist shall keep the board informed of his or her current mailing address. 9.7. A pharmacist may only transfer CPE hours from another state if that state accepts the transfer of West Virginia CPE hours to its state. 9.8. A West Virginia licensed pharmacist who resides in another state requiring CPE and who does not practice in West Virginia may renew his or her West Virginia license by certifying on his or her CPE report form that he or she has a current and valid license to practice in the state in which he or she is residing. The following statement shall be placed on the form, and the form signed, dated, notarized, and returned to the West Virginia Board of Pharmacy with the renewal application and fee: "I declare under penalties of falsification that I hold a current and valid pharmacist license, No. [___] in the State of [______], and that I do not presently practice pharmacy in the State of West Virginia. I hereby agree to notify the West Virginia Board of Pharmacy if I return and commence practice in West Virginia." 9.9. A pharmacist may request CPE credit only once in a reporting period for each activity attended or completed. §15-3-10. Approval of Continuing Pharmacy Activities. 10.1. Providers shall submit all CPE activities for approval by the board except as provided for in subsections 10.2 and 10.3 of this section. 10.2. The board has approved all activities developed and presented by ACPE accredited providers. 10.3. Approval of a CPE activity is valid for a three-year period if the content remains the same. 10.4. All activities shall meet the criteria utilized by ACPE and additionally shall meet the following criteria: 10.4.a.10.4.1. The activity shall be relevant, timely, and applicable to pharmacy practice; 5 15CSR3 10.4.b.10.4.2. The activity content shall be well organized with stated objectives, and an orderly flow of material, with appropriate examples and/or illustrations; and 10.4.c.10.4.3. The activity shall be appropriately presented, with the mode/method of presentation appropriate to the topic. §15-3-11. Activity Evaluation. 11.1. The provider or sponsor shall have an evaluation mechanism for the purpose of allowing the participant to assess achievement of personal objectives. 11.2. The provider or sponsor shall develop and employ evaluation techniques that will assess the effectiveness of the CPE activities and the level of fulfillment of the stated objectives, with the goal of CPE improvement by the provider or sponsor. 11.3. The provider or sponsor shall compile the results of participants' evaluations and submit them to the board upon request. §15-3-12. Credits and Records. 12.1. Credits and records of CPE shall be based on a CPE hour or approved fifteen-minute increments. 12.2. A pharmacist who develops and/or presents an approved CPE activity shall receive credit for the number of continuing pharmacy education hours of that activity for his or her initial presentation. 12.3. All providers and pharmacists shall retain their records for four years in a manner that will enable their ready retrieval upon request of the board, its authorized agent or Committee. 12.4. Graduates providing documentation of enrollment in graduate programs of health- related fields or participation in a residency program in a health-related field are not required to provide additional documentation of participation in CPE. If a graduate discontinues his or her pursuit of graduate study, the prevailing CPE requirements apply for his or her continued licensure. 6