BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 493
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          Date of Hearing:   August 6, 2013

              ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER  
                                     PROTECTION
                               Susan A. Bonilla, Chair
                   SB 493 (Hernandez) - As Amended:  August 5, 2013

           SENATE VOTE  :   34-4
           
          SUBJECT  :   Pharmacy practice.

           SUMMARY  :   Expands the pharmacist scope of practice to recognize  
          an "advanced practice pharmacist"; permits pharmacists to  
          furnish certain hormonal contraceptives, nicotine replacement  
          products, and prescription medications for travel, as specified;  
          and authorizes pharmacists to independently initiate and  
          administer certain vaccines and treatments for severe allergic  
          reactions.  Specifically,  this bill  :   

          1)Permits a pharmacist to provide clinical services if the  
            clinical services are provided to a health care professional  
            or to a patient.

          2)Permits a pharmacist to provide consultation, training, and  
            education to patients about drug therapy, disease management,  
            and disease prevention.

          3)Permits a pharmacist to participate in a multidisciplinary  
            review of patient progress, including appropriate access to  
            medical records. 

          4)Permits a pharmacist to furnish the following medications:

             a)   Self-administered hormonal contraceptives, as specified;

             b)   Nicotine replacement products, as specified; and,

             c)   Prescription medications not requiring a diagnosis that  
               are recommended by the federal Centers for Disease Control  
               and Prevention (CDC) for individuals traveling outside of  
               the United States.

          5)Requires a pharmacist to notify the patient's primary care  
            provider of any drugs or devices furnished to the patient.  If  
            the patient does not have a primary care provider, the  








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            pharmacist must provide the patient with a written record of  
            the drugs or devices furnished and advise the patient to  
            consult a physician of the patient's choice.

          6)Permits a pharmacist to order and interpret tests for the  
            purpose of monitoring and managing the efficacy and toxicity  
            of drug therapies.

          7)Requires a pharmacist to dispense self-administered hormonal  
            contraceptives legally prescribed or ordered for a patient  
            unless certain circumstances exist, including the absence of  
            stock, objection on personal religious grounds, or belief of  
            the pharmacist that a harmful drug interaction would result. 

          8)Permits a pharmacist to furnish self-administered hormonal  
            contraceptives in accordance with standardized procedures or  
            protocols developed and approved by both the Board of Pharmacy  
            (BOP) and the Medical Board of California (MBC) in  
            consultation with the American Congress of Obstetricians and  
            Gynecologists, the California Pharmacists Association, and  
            other appropriate entities. The standardized procedure or  
            protocol shall require that the patient use a self-screening  
            tool that will identify patient risk factors for use of  
            self-administered hormonal contraceptives, and that the  
            pharmacist refer the patient , as specified, upon furnishing a  
            self-administered hormonal contraceptive, or if it is  
            determined that use of a self-administered hormonal  
            contraceptive is not recommended.

          9)States that BOP and MBC are both authorized to ensure  
            compliance with the administration of hormonal contraceptives  
            by pharmacists, and each board is specifically charged with  
            the enforcement with respect to its respective licensees.   
            States that a pharmacist's ability to furnish  
            self-administered hormonal contraceptives does not expand the  
            authority of a pharmacist to prescribe any prescription  
            medication. 

          10)Requires a pharmacist to provide the recipient of  
            self-administered hormonal contraception with a standardized  
            fact sheet that includes, but is not limited to, the  
            indications and contraindications for use of the drug, the  
            appropriate method for using the drug, the need for medical  
            follow-up, and other appropriate information.  Requires BOP to  
            develop this form in consultation with the State Department of  








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            Public Health, the American Congress of Obstetricians and  
            Gynecologists, the California Pharmacists Association, and  
            other health care organizations. States that the use of  
            existing publications developed by nationally recognized  
            medical organizations is not precluded.

          11)Clarifies that this bill does not expand the authority of a  
            pharmacist to prescribe any prescription medication.

          12)Defines an "advanced practice pharmacist" (APP) as a licensed  
            pharmacist who has been recognized as an advanced practice  
            pharmacist by BOP, as specified.  

          13)Requires a pharmacist seeking recognition as an APP to meet  
            the following requirements:

             a)   Hold an active license to practice pharmacy issued  
               pursuant to this chapter that is in good standing;

             b)   Satisfy any two of the following criteria:

               i)     Earn certification in a relevant area of practice,  
                 including, but not limited to, ambulatory care, critical  
                 care, nuclear pharmacy, nutrition support pharmacy,  
                 oncology pharmacy, pediatric pharmacy, pharmacotherapy,  
                 or psychiatric pharmacy, from an organization recognized  
                 by the Accreditation Council for Pharmacy Education or  
                 another entity recognized by BOP;

               ii)    Complete a one-year postgraduate residency through  
                 an accredited postgraduate institution where at least 50%  
                 of the experience includes the provision of direct  
                 patient care services with interdisciplinary teams; or,

               iii)   Have provided clinical services to patients for at  
                 least one year under a collaborative practice agreement  
                 or protocol with a physician, APP, pharmacist practicing  
                 collaborative drug therapy management, or health system;

             c)   File an application and pay the applicable fee with BOP  
               for recognition as an APP.

          14)States that an APP recognition shall be valid for two years,  
            coterminous with the certificate holder's license to practice  
            pharmacy.








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          15)Requires BOP to adopt regulations establishing the means of  
            documenting completion of the requirements in this section.

          16)Requires BOP to adopt regulations setting the fee for the  
            issuance and renewal of APP recognition at the reasonable cost  
            of regulating APPs, which shall not exceed $300.

          17)Requires an APP to complete 10 hours of continuing education  
            each renewal cycle in a subject matter relevant to the  
            pharmacist's clinical practice.

          18)Permits a pharmacist recognized by BOP as an APP to do all of  
            the following:

             a)   Perform patient assessments;

             b)   Order and interpret drug therapy-related tests;

             c)   Refer patients to other health care providers;

             d)   Participate in the evaluation and management of diseases  
               and health conditions in collaboration with other health  
               care providers; and,

             e)   Initiate, adjust, or discontinue drug therapy, as  
               specified.

          19)Requires an APP who initiates, adjusts, or discontinues drug  
            therapy to promptly transmit written notification to the  
            patient's diagnosing prescriber or enter the appropriate  
            information in a patient record system shared with the  
            prescriber, as permitted by that prescriber. 

          20)Requires an APP who initiates drug therapy to promptly  
            transmit written notification to, or enter the appropriate  
            information into, a patient record system shared with the  
            patient's primary care provider or diagnosing provider, as  
            permitted by that provider.

          21)States that an APP's abilities shall not interfere with a  
            physician's order to dispense a prescription drug as written,  
            or other order of similar meaning.

          22)Requires an APP to personally register with the federal Drug  








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            Enforcement Administration (DEA) prior to initiating or  
            adjusting a controlled substance therapy.

          23)Permits a pharmacist to independently initiate and administer  
            vaccines listed on the routine immunization schedules  
            recommended by the federal Advisory Committee on Immunization  
            Practices (ACIP), in compliance with individual ACIP vaccine  
            recommendations, and published by the CDC for persons three  
            years of age and older if the pharmacist:

             a)   Completes an immunization training program endorsed by  
               the CDC or the Accreditation Council for Pharmacy Education  
               that, at a minimum, includes hands-on injection technique,  
               clinical evaluation of indications and contraindications of  
               vaccines, and the recognition and treatment of emergency  
               reactions to vaccines, and maintains that training;

             b)   Is certified in basic life support; and,

             c)   Complies with all state and federal recordkeeping and  
               reporting requirements, including providing documentation  
               to the patient's primary care provider and entering  
               information in the appropriate immunization registry  
               designated by the immunization branch of the State  
               Department of Public Health.

          24)Permits a pharmacist to initiate and administer epinephrine  
            or diphenhydramine by injection for the treatment of a severe  
            allergic reaction either pursuant to protocols, or under the  
            requirements for administering vaccines to persons three years  
            of age and older. 

          25)Permits a pharmacist to furnish nicotine replacement products  
            approved by the federal Food and Drug Administration for use  
            by prescription only in accordance with standardized  
            procedures and protocols developed and approved by both BOP  
            and MBC in consultation with other appropriate entities and  
            provide smoking cessation services if all of the following  
            conditions are met:

             a)   The pharmacist maintains records of all prescription  
               drugs and devices furnished for a period of at least three  
               years for purposes of notifying other health care providers  
               and monitoring the patient;









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             b)   The pharmacist notifies the patient's primary care  
               provider of any drugs or devices furnished to the patient.  
               If the patient does not have a primary care provider, the  
               pharmacist provides the patient with a written record of  
               the drugs or devices furnished and advises the patient to  
               consult a physician of the patient's choice;

             c)   The pharmacist is certified in smoking cessation therapy  
               by an organization recognized by BOP; and,

             d)   The pharmacist completes one hour of continuing  
               education focused on smoking cessation therapy biennially.

          26)Authorizes BOP and MBC to ensure that pharmacists are  
            compliant with the requirements for furnishing nicotine  
            replacement products, and states that each board is  
            specifically charged with the enforcement of this section with  
            respect to their respective licensees.  States that nothing in  
            the ability for pharmacists to furnish nicotine replacement  
            products shall be construed to expand the authority of a  
            pharmacist to prescribe any other prescription medication.   

          27)Authorizes an APP to practice advanced practice pharmacy  
            inside or outside of a licensed pharmacy, as specified.

          28)Makes a legislative declaration that pharmacists are health  
            care providers who have the authority to provide health care  
            services.

          29)Makes other technical and clarifying amendments.

          30)States that 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.

           EXISTING LAW  :  

          1)Establishes the Pharmacy Law which provides for the licensure  
            and regulation of pharmacies, pharmacists and wholesalers of  








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            dangerous drugs or devices by BOP and establishes a scope of  
            practice for pharmacy as a profession.  (Business and  
            Professions Code (BPC) Sections 4000 et seq.)  

          2)Declares the practice of pharmacy as a profession which is  
            dynamic, patient-oriented health service that applies a  
            scientific body of knowledge to improve and promote patient  
            health by means of appropriate drug use, drug-related therapy,  
            and communication for clinical and consultative purposes, and  
            further provides that pharmacy practice is continually  
            evolving to include more sophisticated and comprehensive  
            patient care activities.  (BPC 4050)

          3)Permits a pharmacist to initiate a prescription and provide  
            clinical advice, information or patient consultation, as  
            specified. (BPC 4051)

          4)Permits a pharmacist to furnish emergency contraception drug  
            therapy and administer immunizations pursuant to a protocol  
            with a prescriber. (BPC 4052)

          5)Requires a pharmacist who is authorized to issue an order to  
            initiate or adjust a controlled substance therapy to register  
            with the DEA.  (BPC 4052 (b))

          6)Permits pharmacists to perform the following procedures under  
            physician protocols in licensed health care facilities:  

             a)   Order and perform routine drug therapy-related patient  
               assessment procedures including temperature, pulse, and  
               respiration;

             b)   Order drug therapy-related laboratory tests;

             c)   Administer drugs and biologicals by injection pursuant  
               to a prescriber's order; and,

             d)   Initiate or adjust a patient's drug regimen pursuant to  
               authorization or order by the patient's prescriber and in  
               accordance with the policies, procedures, or protocols of  
               the licensed health care facility. (BPC 4052.1)

          7)Permits pharmacists in specified settings who act as part of a  
            multidisciplinary group to initiate or adjust a patient's drug  
            regimen pursuant to authorization or order by the patient's  








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            treating prescriber. Prohibits the substitution or selection  
            of a different drug unless authorized by protocol and requires  
            prescriber notification of initiated drug regimens to be  
            transmitted within 24 hours.  (BPC 4052.2)

          8)Requires pharmacists performing specified procedures to have  
            successfully completed clinical residency training or  
            demonstrated clinical experience in direct patient care  
            delivery.  (BPC 4052.2)

          9)Permits a pharmacist to furnish emergency contraception drug  
            therapy in accordance with either standardized procedures or  
            protocols developed by the pharmacist and an authorized  
            provider or standardized procedures developed and approved by  
            MBC in consultation with the American College of Obstetricians  
            and Gynecologists, California Pharmacists Association and  
            other entities. (BPC 4052.3)

          10)Authorizes pharmacists filling prescription orders for drug  
             products prescribed by their trade or brand names to  
             substitute a generic drug product, as specified, unless the  
             prescriber specifies that a pharmacist may not substitute  
             another drug product by either indicating on the form  
             submitted for the filling of the prescription drug orders "Do  
             not substitute" or words of similar meaning or selecting a  
             box on the form marked "Do not substitute."  (BPC 4073)

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Purpose of this bill  .  This bill further develops the  
            pharmacists' role as part of a primary care team by expanding  
            pharmacists' scope of practice to allow for more autonomy in  
            furnishing certain drugs and devices pursuant to standardized  
            procedures and protocols.  It also provides for the  
            recognition of and expanded scope for advanced practice  
            pharmacists and establishes for.  This bill is  
            author-sponsored.  

           2)Author's statement  .  According to the author, "[SB 493] will  
            establish 'advanced practice pharmacist' recognition, allowing  
            such pharmacists to perform physical assessments; order and  
            interpret medication-related tests; refer patients to other  
            providers; initiate, adjust, and discontinue medications under  








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            physician protocol or as part of an integrated system such as  
            an [accountable care organization]; and participate in the  
            evaluation and management of health conditions in  
            collaboration with other providers. This will align California  
            law more consistently with federal programs such as the  
            Department of Defense, the Veterans Administration, and Indian  
            Health Service, where pharmacists have been practicing in this  
            collaborative way for over 40 years."

           8)The profession of pharmacy  .  California licensed pharmacists  
            are required to have at least a baccalaureate degree in  
            pharmacy from a specially accredited college of pharmacy  
            program, have completed 1,500 intern hours of pharmacy  
            practice experience, and have passed a national and state  
            exam.  There are 38,440 licensed pharmacists in California.  
             
             Pharmacists consistently rank amongst the most trusted  
            healthcare personnel in nationwide Gallup polls and have a  
            broader knowledge of medicines, both prescription and  
            over-the-counter, than any other member of the health care  
            team.  According to a 2012 report by the CDC, engaging  
            pharmacists as members of the health care system can  
            significantly improve treatment of diabetes, better control  
            high blood pressure, improve management of cholesterol, and  
            reduce overall health care costs.  31 states, including  
            California, have laws that allow physicians and pharmacists to  
            collaborate in providing advanced services such as those  
            authorized by this bill.  This bill will permit APPs to  
            perform patient assessments, order and interpret drug  
            therapy-related tests, participate in the evaluation and  
            management of diseases and health conditions in collaboration  
            with other health care providers; and initiate, adjust, or  
            discontinue drug therapy in certain circumstances.  

           9)The Affordable Care Act (ACA)  .  The federal Affordable Care  
            Act (ACA) was passed in March 2010 to provide quality,  
            affordable healthcare for all Americans and improve the  
            quality and efficiency of that care.  The January 2014  
            implementation date of ACA will result in millions more  
            Californians entering the primary care market.  

            The CDC argues that pharmacists are well positioned to augment  
            primary care teams and help manage patient's medications and  
            chronic conditions.  The U.S. Department of Health and Human  
            Services (HHS) authored a 2011 report, entitled "Improving  








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            Patient and Health System Outcomes through Advanced Pharmacy  
            Practice, A Report to the U.S. Surgeon General," in which it  
            was demonstrated that "though evidence-based outcomes, many  
            expanded pharmacy practice models, implemented in  
            collaboration with physicians or as part of a health team,  
            improve patient and health system outcomes and optimize  
            primary care access and delivery."  The report recommended  
            that pharmacists work in collaboration with physicians and  
            primary care clinicians by:

             a)   Performing patient assessments and developing  
               therapeutic plans;

             b)   Utilizing authorities to initiate, adjust, or  
               discontinue medications;

             c)   Ordering, interpreting, and monitoring appropriate  
               laboratory tests;

             d)   Providing care coordination and other healthcare  
               services for wellness and prevention; and,

             e)   Developing partnerships with patients for ongoing and  
               follow-up care.

            This measure builds upon pharmacists' current scope of  
            practice to more fully enable them to participate in a  
            multidisciplinary patient management team, and provides for  
            the recognition of APPs, who would be able to provide many of  
            the advanced health management techniques recommended by the  
            HHS report.

           1)Arguments in support  .  The California Pharmacists Association  
            writes, "Health experts agree that team-based delivery models  
            such as Patient Centered Medical Homes, and payment models  
            like Accountable Care Organizations, represent our best  
            opportunities at achieving the ACA triple aim of improving  
            quality and patient satisfaction, improving health outcomes,  
            and reducing per capita cost. 
             
             "SB 493 seeks to hold true to these principles by including  
            pharmacists as members of the care team with authorities  
            consistent with their education and expertise. Pharmacists are  
            the foremost experts in medications and more than 80% of  
            health conditions are treated with prescription medications.  








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            Many chronic diseases like hypertension, diabetes, and high  
            cholesterol require ongoing management to ensure the maximum  
            efficacy of the medications. The model that SB 493 promotes is  
            consistent with models that have been shown to be effective  
            and with the CDC's recommendation for incorporating  
            pharmacists into team-based strategies for preventing and  
            managing chronic disease.   
         
            "To be clear, pharmacists are not looking to replace other  
            healthcare providers or fragment the delivery of care. Rather,  
            they are looking to expand their current statutory authorities  
            into new systems of care, which will allow them, as  
            community-based providers, to assist physicians and other  
            healthcare practitioners in expanding access and improving  
            care. SB 493 ensures pharmacists are able to participate in  
            team-based care consistent with their level of training."

           2)Arguments in opposition  .  The Union of American Physicians and  
            Dentists write, "UAPD/AFSCME applauds the author of SB 493 in  
            attempting to expand health care access to residents of  
            California.  SB 493 is not, however, a step in the right  
            direction.  The legislation does not expand health care access  
            for residents of the State.  Instead, SB 493 rolls out an  
            uncertain and untested health care delivery system? with  
            patients subject to adverse side effects resulting from  
            prescribing pharmacists.  Moreover, physicians are trained to  
            respond in the event of such adverse side effects to  
            medications.  Pharmacists lack the medical training to respond  
            to these patient crises.  Medical collaboration with  
            pharmacists remains critical to safe patient outcomes!"

           3)Related legislation  .  SB 491 (Hernandez) of 2013 permits a  
            nurse practitioner (NP) to practice independently after a  
            period of physician supervision if the NP has national  
            certification and liability insurance.  SB 491 is pending in  
            the Assembly Business, Professions and Consumer Protection  
            Committee.  

            SB 492 (Hernandez) of 2013 would expand the scope of practice  
            for optometrists.  SB 492 is pending in the Assembly Business,  
            Professions and Consumer Protection Committee.  

           4)Previous legislation  .  AB 1711 (Strickland) Chapter 58,  
            Statutes of 2005, authorized a registered nurse or licensed  
            pharmacist to administer influenza and pneumococcal  








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            immunizations without patient-specific orders, as specified.    

             
             AB 2660 (Leno) Chapter 191, Statutes of 2004, authorized  
            pharmacists to register with the DEA and initiate or adjust  
            controlled substance drug therapy under specified conditions.

            SB 490 (Alpert) Chapter 651, Statutes of 2003, authorized a  
            licensed pharmacist to initiate emergency contraceptives in  
            accordance with a standardized procedure approved by BOP and  
            MBC.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          American Society of Health-System Pharmacists
          Bay Area Council
          Blue Shield of California
          California Association for Nurse Practitioners
          California Association of Physician Groups
          California Association of Public Hospitals and Health Systems
          California Chronic Care Coalition
          California Family Health Council
          California Hospital Association
          California Immunization Coalition
          California Korean American Pharmacists Association
          California Northstate University, College of Pharmacy
          California Optometric Association
          California Primary Care Association
          California Pharmacists Association
          California Retailers Association
          California Society of Health-System Pharmacists
          California State Board of Pharmacy
          Californians for Patient Care
          Cedars-Sinai Medical Center
          Indian Pharmacists Association of California
          Kaiser Permanente
          Loma Linda University School of Pharmacy
          Medical Board of California
          National Asian American Coalition
          National Association of Chain Drug Stores
          Pharmacy Choice and Access Now
          Private Essential Access Community Hospitals
          Safeway








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          Sharp HealthCare
          The United Nurses Association of California/Union of Health Care  
          Professionals
          The University of California
          Touro University California, College of Pharmacy
          United Nurses Associations of California/Union of Health Care  
          Professionals
          University of California, San Diego, Skaggs School of Pharmacy  
          and Pharmaceutical Sciences
          University of California, San Francisco
          University of Southern California School of Pharmacy
          Western University of Health Sciences
          211 individuals
           
            Opposition 
           
          Blind Childrens Center
          California Academy of Eye Physicians and Surgeons
          California Academy of Family Physicians
          California Chapter of the American College of Emergency  
          Physicians
          California Psychiatric Association
          California Right to Life Committee, Inc.
          California Society of Anesthesiologists
          California Society of Plastic Surgeons
          Canvasback Missions, Inc.
          Diabetes Coalition of California
          Here For Them, Inc.
          Latino Physicians of California
          Let's Face it Together
          Lighthouse for Christ Mission
          Minority Health Institute, Inc.
          The Dream Machine Foundation
          Time for Change Foundation
          Union of American Physicians and Dentists (UAPD/AFSCME)
          Ventura County American Chinese Medical Dental Association
          207 individuals


           Analysis Prepared by  :    Sarah Huchel / B.,P. & C.P. / (916)  
          319-3301 












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