BILL NUMBER: AB 418 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Emmerson
FEBRUARY 23, 2009
An act to amend Section 4231 of, to amend, repeal, and add Section
4202 of, and to add Sections 4230, 4230.5, and 4410 to, the Business
and Professions Code, relating to pharmacy.
LEGISLATIVE COUNSEL'S DIGEST
AB 418, as introduced, Emmerson. Pharmacy technicians: licensure
requirements.
Existing law, the Pharmacy Law, provides for the licensure and
regulation of pharmacists and pharmacy technicians by the California
State Board of Pharmacy. Existing law authorizes the board to issue a
pharmacy technician license to an individual if that individual is a
high school graduate or possesses a general educational development
certificate equivalent and has either obtained a specified associate'
s degree, completed a specified course of training, graduated from a
specified school of pharmacy, or is certified by the Pharmacy
Technician Certification Board. Existing law prohibits the board from
renewing a pharmacist license, after the first renewal, unless the
applicant submits satisfactory proof that he or she has successfully
completed 30 hours of approved courses of continuing pharmacy
education during the 2 years preceding the application for renewal.
This bill would instead, on and after January 1, 2011, authorize
the board to issue a pharmacy technician license to an individual if
that individual is a high school graduate or possesses a general
educational development certificate equivalent, passes a pharmacy
technician examination recognized by the National Organization for
Competency Assurance and approved by the board, and has either
obtained a specified associate's degree, completed a course of
training offered by a specified accredited program, or graduated from
a specified school of pharmacy. The bill would also prohibit the
board from renewing a pharmacist technician license, after the first
renewal, unless the applicant submits satisfactory proof that he or
she has successfully completed 20 hours of continuing pharmacy
education courses. The bill would specify the form and subject matter
content for these courses and it would provide that a pharmacy
technician license that is not renewed within 3 years after
expiration may not be renewed and shall be canceled at the end of the
3-year period.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known, and may be cited, as the
California Pharmacy Technician Patient Safety and Protection Act.
SEC. 2. Section 4202 of the Business and Professions Code is
amended to read:
4202. (a) The board may issue a pharmacy technician license to an
individual if he or she is a high school graduate or possesses a
general educational development certificate equivalent, and meets any
one of the following requirements:
(1) Has obtained an associate's degree in pharmacy technology.
(2) Has completed a course of training specified by the board.
(3) Has graduated from a school of pharmacy recognized by the
board.
(4) Is certified by the Pharmacy Technician Certification Board.
(b) The board shall adopt regulations pursuant to this section for
the licensure of pharmacy technicians and for the specification of
training courses as set out in paragraph (2) of subdivision (a).
Proof of the qualifications of any applicant for licensure as a
pharmacy technician shall be made to the satisfaction of the board
and shall be substantiated by any evidence required by the board.
(c) The board shall conduct a criminal background check of the
applicant to determine if an applicant has committed acts that would
constitute grounds for denial of licensure, pursuant to this chapter
or Chapter 2 (commencing with Section 480) of Division 1.5.
(d) The board may suspend or revoke a license issued pursuant to
this section on any ground specified in Section 4301.
(e) Once licensed as a pharmacist, the pharmacy technician
registration is no longer valid and the pharmacy technician license
shall be returned to the board within 15 days.
(F) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.
SEC. 3. Section 4202 is added to the Business and Professions
Code, to read:
4202. (a) The board may issue a pharmacy technician license to an
individual if he or she is a high school graduate or possesses a
general educational development certificate equivalent, passes a
pharmacy technician examination recognized by the National
Organization for Competency Assurance and approved by the board, and
meets any one of the following requirements:
(1) Has obtained an associate's degree in pharmacy technology.
(2) Has completed a course of training offered by a program
accredited by an accreditation agency approved by the board.
(A) For the purposes of this section, "accreditation agency" means
a public or private organization that issues certificates of
accreditation to pharmacy technician training programs.
(B) The board shall adopt regulations that include criteria for
approving an accreditation agency. These criteria may include the
accreditation standards for pharmacy technician training programs
issued by the American Society of Health-System Pharmacists.
(3) Has graduated from a school of pharmacy recognized by the
board.
(b) The board shall adopt regulations pursuant to this section for
the licensure of pharmacy technicians. Proof of the qualifications
of any applicant for licensure as a pharmacy technician shall be made
to the satisfaction of the board and shall be substantiated by any
evidence required by the board.
(c) The board shall conduct a criminal background check of an
applicant to determine if the applicant has committed acts that would
constitute grounds for denial of licensure, pursuant to this chapter
or Chapter 2 (commencing with Section 480) of Division 1.5.
(d) The board may suspend or revoke a license issued pursuant to
this section on any ground of unprofessional conduct specified in
Section 4301.
(e) Once a pharmacy technician is licensed as a pharmacist, the
pharmacy technician registration is no longer valid and the pharmacy
technician license shall be returned to the board within 15 days.
(f) A pharmacy technician examination described in subdivision (a)
shall be subject to Section 139.
(g) This section shall become operative on January 1, 2011.
SEC. 4. Section 4230 is added to the Business and Professions
Code, to read:
4230. (a) The board shall not renew a pharmacy technician license
unless the applicant submits proof satisfactory to the board that he
or she has successfully completed 20 hours of approved courses of
continuing pharmacy technician education as described in Section
4230.5 during the two years preceding the application for renewal.
(b) Notwithstanding subdivision (a), the board shall not require
completion of continuing education for the first renewal of a
pharmacy technician license.
(c) If an applicant for renewal of a pharmacy technician license
submits the renewal application and payment of the renewal fee but
does not submit proof satisfactory to the board that the licensee has
completed 20 hours of continuing pharmacy education, the board shall
not renew the license and shall issue the applicant an inactive
pharmacy technician license. A licensee with an inactive pharmacy
technician license issued pursuant to this section may obtain an
active pharmacy technician license by paying the renewal fees due and
submitting satisfactory proof to the board that the licensee has
completed 20 hours of continuing pharmacy education.
SEC. 5. Section 4230.5 is added to the Business and Professions
Code, to read:
4230.5. (a) The approved courses of continuing pharmacy
technician education shall be in the form of studies, institutes,
seminars, lectures, conferences, workshops, extension studies,
correspondence courses, and other similar methods of conveying
continuing professional pharmacy technician education.
(b) The subject matter of the courses may be pertinent to the
socioeconomic and legal aspects of health care, the properties and
actions of drugs and dosage forms, and the etiology, characteristics,
and therapeutics of the disease state.
(c) The subject matter of the courses may also include, but shall
not be limited to, the following: pharmacology, biochemistry,
physiology, pharmaceutical chemistry, pharmacy administration,
pharmacy jurisprudence, public health and communicable diseases,
professional practice management, anatomy, and histology.
SEC. 6. Section 4231 of the Business and Professions Code is
amended to read:
4231. (a) The board shall not renew a pharmacist license unless
the applicant submits proof satisfactory to the board that he or she
has successfully completed 30 hours of approved courses of continuing
pharmacy education a s described in Section 4232
during the two years preceding the application for renewal.
(b) Notwithstanding subdivision (a), the board shall not require
completion of continuing education for the first renewal of a
pharmacist license.
(c) If an applicant for renewal of a pharmacist license submits
the renewal application and payment of the renewal fee but does not
submit proof satisfactory to the board that the licensee has
completed 30 hours of continuing pharmacy education, the board shall
not renew the license and shall issue the applicant an inactive
pharmacist license. A licensee with an inactive pharmacist license
issued pursuant to this section may obtain an active pharmacist
license by paying the renewal fees due and submitting satisfactory
proof to the board that the licensee has completed 30 hours of
continuing pharmacy education.
SEC. 7. Section 4410 is added to the Business and Professions
Code, to read:
4410. Any pharmacy technician license that is not renewed within
three years following its expiration may not be renewed and shall be
canceled by operation of law at the end of the three-year period.