BILL ANALYSIS
AB 418
Page 1
Date of Hearing: March 31, 2009
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Mary Hayashi, Chair
AB 418 (Emmerson) - As Introduced: February 23, 2009
SUBJECT : Pharmacy technicians.
SUMMARY : Increases qualification and continuing education
requirements for a pharmacy technician (PT) license.
Specifically, this bill :
1)Eliminates the option for a PT to obtain licensure by
certification by the PT Certification Board.
2)Requires an applicant to pass a PT examination recognized by
the National Organization for Competency Assurance and
approved by the Pharmacy Board (board).
3)Permits the completion of a course of training offered by a
program accredited by an accreditation agency approved by the
board as one of the options for PT licensure.
4)Requires the board to adopt regulations that include criteria
for approving an accreditation agency.
5)Requires the board to adopt regulations for approving an
accreditation agency and the licensure of PTs under the new
qualification requirements.
6)Prohibits the board from renewing a PT license unless the
applicant submits proof satisfactory to the board that he or
she has successfully completed 20 hours of approved courses of
continuing PT education as specified during the two years
preceding the application for renewal.
7)Prohibits the board from requiring any other continuing
education requirements than specified for the first renewal of
a PT license.
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8)Specifies that if an applicant for renewal of a PT 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 PT license.
9)Specifies that any PT 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.
10)Grandfathers in current PTs' education credentials for
initial licensure, but requires them to complete the new
continuing education requirements upon their second and
subsequent renewals.
11)Is scheduled to take effect on January 1, 2011.
EXISTING LAW :
1)Establishes the Pharmacy Law, which provides for the licensure
and regulation of pharmacists and pharmacy technicians by the
board.
2)Authorizes the board to issue a PT 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 PT Certification
Board.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to the author's office,
"Pharmacists rely heavily on pharmacy technicians so that they
may optimally perform tasks to protect and provide for
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Californians in need of prescriptions. Unfortunately, there is
a shortage of licensed pharmacists in California and an ever
increasing amount of patients as the population grows. As there
is no single standard for PT training and licensure beyond being
a high school graduate or having an equivalent degree, pharmacy
technicians have a broad range of minimum competencies,
experience, education, and training. Such varied levels of
training in combination with the ever increasing pharmacist
workload places patients at undue risk of medication errors."
Background : According to a 2003 workforce analysis by the
Center for Health Professions (CHF) at the University of
California, San Francisco, the PT profession is experiencing
rapid change, mirroring changes in the pharmacy profession and
in pharmaceutical treatment. PTs arose from the U.S. military
classification, "pharmacy specialists" developed in the
mid-1940s. Between 1968 and 1975, the U.S. Department of Health,
Education and Welfare and professional pharmacy associations
studied and defined tasks and roles that could be played by
technicians, and established, in 1975, the American Society of
Health-System Pharmacists (ASHP) education guidelines for
hospital pharmacy technicians. These guidelines were formalized
in 1982 as accreditation standards. Between 1994 and 1996, a
national task force completed a task analysis of technician jobs
and reported findings and recommendations advocating uniform
national education and training standards. In 1997, several
national associations collaborated to write the ASHP Model
Curriculum.
PTs operating in hospital and community pharmacies are typically
responsible for maintaining inventory, preparing unit-dose
packaging, packaging and labeling, entering prescription
information and checking patients' profile information, and
various clerical duties. California law requires prohibit PTs
from performing any task requiring a pharmacist's professional
judgment. PTs work closely with pharmacists, and in a 2002
summit on the profession, pharmacists indicated that their
attitudes about working with technicians have become more
favorable in recent years: many considered technicians an asset
and supported developing the profession through improved
training and education. However, the CHF study noted that the
more stringent requirements will likely have a significant
impact on training and recruiting PTs, since historically, most
technicians have trained on-the-job. The California Labor
Market Information Division projects a 39.8% increase in
pharmacy technician positions in California through 2010.
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Arguments in support . The American Society of Health-System
Pharmacists writes in support, "This bill is a vital piece of
patient safety legislation. The lack of appropriate education,
training, and certification requirements for pharmacy
technicians has received national media attention, with USA
Today, Good Morning America, 20/20, and World News Tonight all
reporting on the tragic and deadly results of medication errors
involving pharmacy technicians. The benefit of accredited
training and education is that it serves as an educational basis
for all practice settings. Taken together with national
certification, as through the PT Certification Board, such
legislation reflects the understanding that what a PT does is
just as important as how it is done. Accredited education
programs provide the baseline skills that are required for an
effective PT. National certification reflects a competency and
understanding of the basic knowledge that is required for those
who work on the pharmacy front-lines."
Arguments in opposition . CVS/Caremark writes, "We fully support
adequate training, supervision and registration of pharmacy
technicians. There are currently in place very specific
regulations and statutes governing the training content,
qualifications, and registration of PTs?. [Furthermore,] the
sponsor has yet to identify specific safety problems or other
gaps that have occurred in California because of current PT
training and registration requirements."
REGISTERED SUPPORT / OPPOSITION :
Support
California Society of Health System Pharmacists (sponsor)
American Society of Health-System Pharmacists
California Hospital Association
California Society of Health System Pharmacists, Central Valley
Chapter
California Society of Health System Pharmacists, Pacific Student
Chapter
California Society of Health System Pharmacists, San Gabriel
Valley Chapter
California Society of Health System Pharmacists, Western
University Chapter
Diablo Chapter of the California Society of Health System
Pharmacists
Golden Gate Society of Health System Pharmacists
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Inland Society of Health System Pharmacists
Loma Linda Student Chapter, Society of Health System Pharmacists
Orange County Society of Health System Pharmacists
Sacramento Valley Society of Health System Pharmacists
San Diego Society of Health System Pharmacists
San Fernando Valley Society of Health System Pharmacists
Sierra Society of Health System Pharmacists
Society of Health System Pharmacists, Student Chapter Society,
Touro
South Bay/Long Beach - Society of Health System Pharmacists
Southern California Society of Health System Pharmacists
The Quaid Foundation
University of California, San Diego Student Chapter, Society of
Health System Pharmacists
University of California, San Francisco Student Chapter, Society
of Health System Pharmacists
University of Southern California Society of Health System
Pharmacists
Numerous individuals
Opposition
California Retailers Association
CVS/Caremark
National Association of Chain Drug Stores
Rite Aid
Target
United Food and Commercial Workers Union, Western States Council
Analysis Prepared by : Sarah Huchel / B. & P. / (916) 319-3301