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Meeting of the Board of Regents | July 2009

Tuesday, July 14, 2009 - 11:00pm

sed seal                                                                                                 

 

 

THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

 

TO:

Full Board

FROM:

Frank Muñoz

 

SUBJECT:

Proposed Amendment to section 29.7 of the Rules of the Board of Regents and sections 63.3 and 63.6 of the Regulations of the Commissioner of Education Relating to Electronic Recordkeeping and Examination Requirements for Pharmacists

 

DATE:

July 14, 2009

 

STRATEGIC GOAL:



Goal 3

 

AUTHORIZATION(S):

 

 

SUMMARY

 

Issue for Decision (Consent Agenda)

 

Should the Board of Regents adopt the proposed amendments to section 29.7 of the Rules of the Board of Regents and sections 63.3 and 63.6 of the Regulations of the Commissioner of Education to enable licensed pharmacists to maintain required records in electronic format and to provide applicants seeking licensure in pharmacy with an alternative to passing a Department administered practical examination, one of three examinations that a pharmacist must complete to become licensed?

 

Reason(s) for Consideration

 

Review of Policy.

 

Proposed Handling

 

The proposed amendment is being presented to the Board of Regents for permanent adoption at the July 2009 meeting.  Supporting materials for the proposed amendment are available upon request from the Secretary to the Board of Regents.

 

 

 

 

 

Procedural History

 

The proposed amendment was discussed at the Professional Practice Committee at the April 2009 Regents meeting.  A Notice of Proposed Rule Making was published in the State Register on May 6, 2009.

 

Background Information

 

              As a general rule, licensed professionals are allowed to maintain records electronically.  Pharmacy rules and regulations, however, currently retain references to hard-copy records, despite the extremely large volume of records contemporary community and hospital pharmacies generate.  The proposed amendment to section 29.7 of the Rules of the Board of Regents and section 63.6 of the Regulations of the Commissioner of Education remove this requirement and allow pharmacists and pharmacies the option of converting records to a secure, electronic format.  It is anticipated that the proposed amendment will encourage greater acceptance of electronic prescribing which has been shown to be effective in reducing medication errors.

 

              Pharmacists seeking licensure in New York State must complete a three-part series of examinations.  The first part, the North American Pharmacist Licensure Examination (NAPLEX), tests applicants’ knowledge of a wide range of topics, including applied chemistry, mathematics, pharmacology and pharmaceutics, and clinical pharmacy. The second part, known as the Multi-State Pharmacy Jurisprudence Examination (MPJE), tests candidates’ knowledge on professional law, ethics and conduct, and requirements for prescription and non-prescription drugs.

 

              The third part of the examination is a Department prepared and administered practical examination that tests candidates’ abilities to actually compound and dispense medications, including sterile products.  This examination is labor intensive, and the Department has been reviewing effective alternatives.  An increasing number of pharmacy graduates voluntarily enroll in accredited residency programs wherein their knowledge and skills are further developed and confirmed.  The proposed amendment to section 63.3 of the Regulations of the Commissioner of Education authorizes the Department to accept a certification from the residency program director, attesting to the applicant’s attainment of specified skills and competencies within an accepted residency program in lieu of successful completion of the current practical examination. The proposed amendment is similar to recent changes made in the licensure of dentists, who are now required to complete a dental residency in lieu of the previously administered practical examination.  The proposed amendment permits an applicant to either complete certain competencies as part of an approved residency program or complete a Department administered practical examination.

 

              A Notice of Proposed Rule Making was published in the State Register on May 6, 2009.  We received two positive public comments.  An Assessment of Public Comment is attached.   

 

 

 

Recommendation

 

It is recommended that the Board of Regents take the following action:

 

VOTED:  That section 29.7 of the Rules of the Board of Regents and sections 63.3 and 63.6 of the Regulations of the Commissioner of Education be amended, as submitted, effective August 20, 2009.

 

Timetable for Implementation

 

If adopted at the July Regents meeting, the proposed amendment will become effective August 20, 2009.

 

Attachment

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AMENDMENTS TO THE RULES OF THE BOARD OF REGENTS  AND THE REGULATIONS OF THE COMMISSIONER OF EDUCATION            

Pursuant to Sections 207, 6504, 6506, 6507, 6509, 6801, 6805 and 6810 of the Education Law.

1.  Paragraph (2) of subdivision (a) of section 29.7 of the Rules of the Board of Regents is amended, effective August 20, 2009, as follows:

(2) Failure by a pharmacist to reduce to writing, either through written communication or electronic record, a prescription transmitted orally, which writing or electronic record shall include all the information required by paragraph (1) of this subdivision and the signature, or the electronic equivalent of a signature, or readily identifiable initials of the receiver of the oral prescription, provided that oral prescriptions for controlled substances shall meet the requirements of Article 33 of the Public Health Law.

2.  Subparagraph (v) of paragraph (8) of subdivision (a) of section 29.7 of the Rules of the Board of Regents is amended, effective August 20, 2009, as follows:

(v) For all refills of a prescription, the records introduced into the system shall be sufficient if:

(a) …

(b) a printout or electronic record is produced of all prescriptions filled and refilled each day and the pharmacist(s) whose initials appear(s) on the printout sign(s), either manually or electronically, the printout or electronic record to indicate that it is [a] an accurate record.

3. Subdivision (b) of section 63.3 of the Regulations of the Commissioner of Education is amended, effective August 20, 2009, as follows:

(b)  Examination components.

(1)  Part I of Examination.  The department may accept satisfactory scores on an examination of the National Association of Boards of Pharmacy as meeting the requirements of Part I of the licensing examination.

(2)  Alternative to Part III of Examination.  (i)  The department may accept, as meeting the requirements of Part III of the licensing examination, certification that the applicant has successfully achieved each of the following competencies as part of a residency program in pharmacy practice approved by the department:

(a) sterile product preparation and technique;

(b) non-sterile compounding preparation and technique;

(c) performing dosing calculations, including but not limited to aliquot, proportions, and infusion drip-rates;

(d) medication safety procedures, including, but not limited to, identifying potential look-alike and sound-alike drugs and other medication error prevention techniques;

(e) drug distribution, including but not limited to preparing, dispensing and verifying the accuracy of filled prescriptions or medication orders; and

(f) such other competencies in pharmacy practice as may be required by the department.

(ii)  Such certification shall be on a form prescribed by the commissioner and shall be completed by the residency program director who supervised the applicant’s performance in such residency program, attesting that the applicant has successfully achieved such competencies and that in the supervisor’s judgment the applicant is competent to practice pharmacy.

4. Subparagraph (ii) of paragraph (7) of subdivision (a) of section 63.6 of the Regulations of the Commissioner of Education is amended, effective August 20, 2009, as follows:

 (ii) A pharmacist may, based upon his or her professional judgment, accept an electronically transmitted prescription from a prescriber, to the pharmacy of the patient's choice, subject to the following requirements:

(a) …

(b) …

(c) a permanent hard copy of an electronically transmitted prescription or a copy of an electronically transmitted prescription stored securely and permanently by electronic means shall be produced and maintained at the pharmacy for a period of five years from the date of the most recent filling. A permanent facsimile copy shall be considered a hard copy;

(d) …

(e) …