BILL NUMBER: AB 536 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 5, 2001
AMENDED IN ASSEMBLY APRIL 18, 2001
INTRODUCED BY Assembly Member Bates
FEBRUARY 21, 2001
An act to amend Section 4115 of the Business and Professions Code,
relating to pharmacy technicians.
LEGISLATIVE COUNSEL'S DIGEST
AB 536, as amended, Bates. Pharmacy technicians.
The Pharmacy Law authorizes a pharmacy technician to perform
nondiscretionary tasks only while assisting, and while under the
direct supervision and control of, a pharmacist. Existing law
requires any pharmacist responsible for a pharmacy technician to be
on the premises at all times and requires the pharmacy technician to
be within the pharmacist's view, except when the pharmacy technician
is employed to assist in the filling of prescriptions for an
inpatient of a hospital or for an inmate of a correctional facility.
Existing law provides that the ratio of pharmacy technicians to
pharmacists shall not exceed one to one when the pharmacy technician
is assisting the pharmacist by the performance of nondiscretionary
tasks. Existing law also authorizes a minimum ratio of pharmacy
technicians to pharmacists of at least one technician for each
pharmacist when the technician is performing nondiscretionary tasks
in connection with filling prescriptions for an inpatient of a
licensed health facility and for a patient of a licensed home health
agency.
This bill would provide that, except for clerical functions, a
pharmacy with one pharmacist may have only one pharmacy technician
when the technician is assisting the pharmacist by the performance of
nondiscretionary tasks and that the ratio of pharmacy technicians
assisting any additional pharmacist by the performance of
nondiscretionary tasks may not exceed a 2 to one ratio. This bill
would also authorize at least one pharmacy technician for a single
pharmacist in a pharmacy, and at least 2 technicians for each
additional pharmacist, when the technician is performing
nondiscretionary tasks in connection with filling prescriptions for
an inpatient of a licensed health facility and for a patient of a
licensed home health agency. The bill would allow a pharmacist
assigned to supervise a 2nd pharmacy technician to refuse to
supervise the technician in specified circumstances, and would
prohibit an employer from discharging, disciplining, or
discriminating against a pharmacist for doing so.
Existing law generally makes it a misdemeanor to knowingly violate
the Pharmacy Law. Because violations of this bill would be a
misdemeanor, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4115 of the Business and Professions Code is
amended to read:
4115. (a) Notwithstanding any other provision of law, a pharmacy
technician may perform packaging, manipulative, repetitive, or other
nondiscretionary tasks, only while assisting, and while under the
direct supervision and control of, a pharmacist.
(b) This section does not authorize the performance of any tasks
specified in subdivision (a) by a pharmacy technician without a
pharmacist on duty, nor does this section authorize the use of a
pharmacy technician to perform tasks specified in subdivision (a)
except under the direct supervision and control of a pharmacist.
(c) This section does not authorize a pharmacy technician to
perform any act requiring the exercise of professional judgment by a
pharmacist.
(d) The board shall adopt regulations to specify tasks pursuant to
subdivision (a) that a pharmacy technician may perform under the
direct supervision and control of a pharmacist. Any pharmacy that
employs a pharmacy technician to perform tasks specified in
subdivision (a) shall do so in conformity with the regulations
adopted by the board pursuant to this subdivision.
(e) (1) No person shall act as a pharmacy technician without first
being registered with the board as a pharmacy technician as set
forth in Section 4202.
(2) The registration requirements in paragraph (1) and Section
4202 shall not apply to a person employed or utilized as a pharmacy
technician to assist in the filling of prescriptions for an inpatient
of a hospital until July 1, 1997.
(3)
(2) The registration requirements in paragraph (1) and
Section 4202 shall not apply during the first year of employment for
a person employed or utilized as a pharmacy technician to assist in
the filling of prescriptions for an inmate of a correctional facility
of the Department of the Youth Authority or the Department of
Corrections, or for a person receiving treatment in a facility
operated by the State Department of Mental Health, the State
Department of Developmental Services, or the Department of Veterans
Affairs.
(f) The performance of duties by a pharmacy technician shall be
under the direct supervision and control of a pharmacist. The
pharmacist on duty shall be directly responsible for the conduct of a
pharmacy technician. A pharmacy technician may perform the duties,
as specified in subdivision (a), only under the immediate, personal
supervision and control of a pharmacist. Any pharmacist responsible
for a pharmacy technician shall be on the premises at all times, and
the pharmacy technician shall be within the pharmacist's view. A
pharmacist shall indicate verification of the prescription by
initialing the prescription label before the medication is provided
to the patient.
This subdivision shall not apply to a person employed or utilized
as a pharmacy technician to assist in the filling of prescriptions
for an inpatient of a hospital or for an inmate of a correctional
facility. Notwithstanding the exemption in this subdivision, the
requirements of subdivisions (a) and (b) shall apply to a person
employed or utilized as a pharmacy technician to assist in the
filling of prescriptions for an inpatient of a hospital or for an
inmate of a correctional facility.
(g) (1) A pharmacy with only one pharmacist shall have no more
than one pharmacy technician performing the tasks specified in
subdivision (a). The ratio of pharmacy technicians performing the
tasks specified in subdivision (a) to any additional pharmacist shall
not exceed 2:1, except that this ratio shall not apply to personnel
performing clerical functions pursuant to Section 4116 or 4117. This
ratio is applicable to all practice settings, except for an
inpatient of a licensed health facility, a patient of a licensed home
health agency, as specified in paragraph (2), an inmate of a
correctional facility of the Department of the Youth Authority or the
Department of Corrections, and for a person receiving treatment in a
facility operated by the State Department of Mental Health, the
State Department of Developmental Services, or the Department of
Veterans Affairs.
(2) The board may adopt regulations establishing the ratio of
pharmacy technicians performing the tasks specified in subdivision
(a) to pharmacists applicable to the filling of prescriptions of an
inpatient of a licensed health facility and for a patient of a
licensed home health agency. Any ratio established by the board
pursuant to this subdivision shall allow, at a minimum, at least one
pharmacy technician for a single pharmacist in a pharmacy and two
pharmacy technicians for each additional pharmacist, except that this
ratio shall not apply to personnel performing clerical functions
pursuant to Section 4116 or 4117.
(3) A pharmacist scheduled to supervise a second pharmacy
technician may refuse to supervise a second pharmacy technician if
the pharmacist determines, in the exercise of his or her professional
judgment, that permitting the second pharmacy technician to be on
duty would interfere with the effective performance of the pharmacist'
s responsibilities under this chapter. A pharmacist assigned to
supervise a second pharmacy technician shall notify the pharmacist in
charge in writing of his or her determination, specifying the
circumstances of concern with respect to the pharmacy or the pharmacy
technician that have led to the determination, within a reasonable
period, but not to exceed 24 hours, after the posting of the relevant
schedule. No entity employing a pharmacist may discharge,
discipline, or otherwise discriminate against any pharmacist in the
terms and conditions of employment for exercising or attempting to
exercise in good faith the right established pursuant to this
paragraph.
(h) Notwithstanding subdivisions (b) and (f), the board shall by
regulation establish conditions to permit the temporary absence of a
pharmacist for breaks and lunch periods pursuant to Section 512 of
the Labor Code and the orders of the Industrial Welfare Commission
without closing the pharmacy. During these temporary absences, a
pharmacy technician may, at the discretion of the pharmacist, remain
in the pharmacy but may only perform nondiscretionary tasks. The
pharmacist shall be responsible for a pharmacy technician and shall
review any task performed by a pharmacy technician during the
pharmacist's temporary absence. Nothing in this subdivision shall be
construed to authorize a pharmacist to supervise pharmacy
technicians in greater ratios than those described in subdivision
(g).
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.