BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  August 13, 2013

                            ASSEMBLY COMMITTEE ON HEALTH
                                 Richard Pan, Chair
                  SB 493 (Ed Hernandez) - As Amended: August 5, 2013

           SENATE VOTE  :  34-4
           
          SUBJECT  :  Pharmacy practice.

           SUMMARY  :  Establishes a new category of pharmacists referred to  
          as advance practice pharmacists (APPs), authorizes the Board of  
          Pharmacy (BOP) to recognize APPs, and establishes functions for  
          APPs; authorizes a pharmacist to independently initiate and  
          administer vaccines, as specified; authorizes a pharmacist to  
          perform additional functions including the furnishing of  
          nicotine replacement products (NRPs), as specified; and, the  
          ordering and interpreting of tests, as specified.  Specifically,  
           this bill  :  

          1)Defines APP as a licensed pharmacist who has been recognized  
            as an advanced pharmacist by the BOP, as specified.  Provides  
            that a BOP-recognized APP is entitled to practice advance  
            practice pharmacy, as specified, within or outside a licensed  
            pharmacy, as specified.

          2)Authorizes APPs to initiate a prescription and provide  
            clinical advice, services, information or patient consultation  
            if certain conditions are met.  Applies all of the following  
            existing conditions to APPs when initiating a prescription or  
            providing clinical advice or patient consultation:
             a)   The clinical advice, services, information, or patient  
               consultation are provided to a health care professional or  
               to a patient; 
             b)   The pharmacist has access to prescription, patient  
               profile, or other relevant medical information for purposes  
               of patient and clinical consultation and advice; and,
             c)   Access to the information specified in 2)b) above is  
               secure from unauthorized access and use.  

          3)Authorizes pharmacists to additionally do the following:
             a)   Perform procedures or functions authorized for APPs;
             b)   Provide consultation, training, and education to  
               patients about drug therapy, disease management, and  
               disease prevention;








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             c)   Participate in multidisciplinary review of patient  
               progress, including appropriate access to medical records;
             d)   Furnish the following medications:  i) NRPs, as  
               specified; and, ii) prescription medications not requiring  
               a diagnosis that are recommended by the Federal Centers for  
               Disease Control and Prevention (CDC) for individuals  
               traveling outside the United States.  Requires the  
               pharmacist to notify the patient's primary care provider  
               (PCP) of any drugs or devices furnished to the patient.  If  
               the patient does not have a PCP, requires the pharmacist to  
               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; and,
             e)   Order and interpret tests for the purpose of monitoring  
               and managing the efficacy and toxicity of drug therapies.

          4)Authorizes pharmacists to furnish self-administered hormonal  
            contraceptives in accordance with standardized procedures or  
            protocols developed and approved by both the BOP and the  
            Medical Board of California (MBC) in consultation with the  
            American Congress of Obstetricians and Gynecologists, the  
            California Pharmacists Association, or other appropriate  
            entities.  Requires the standardized procedures or protocols  
            to require that the patient use a self-screening tool, based  
            on the United States Medical Eligibility Criteria for  
            Contraceptive Use developed by the CDC, and the pharmacist to  
            refer the patient to the patient's PCP, or, if the patient  
            does not have a PCP, to nearby clinics.  Requires pharmacists  
            to provide a recipient of self-administered hormonal  
            contraception a fact sheet about the drug, as specified.

          5)Authorizes the BOP and the MBC to ensure compliance with 4)  
            above, and each board is charged with its enforcement with  
            respect to their respective licensees.  Indicates that 4)  
            above does not expand the authority of a pharmacist to  
            prescribe any prescription medication.

          6)Authorizes pharmacists recognized by the 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, 








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             e)   Initiate, adjust, or discontinue drug therapy, pursuant  
               to the manner specified in existing law which includes: the  
               requirement of a specific written order or authorization  
               made by the individual patient's treating prescriber, in  
               accordance with policies, procedures, or protocols, as  
               specified, that adjusting a regimen does not include  
               substituting or selecting a different drug, except as  
               authorized by the protocol, and requiring the pharmacist to  
               provide written notification to the patient's treating  
               prescriber, or enter the appropriate information in an  
               electronic patient record systems shared by the prescriber,  
               of any drug regimen initiated within 24 hours. 

          7)Requires pharmacists who adjust or discontinue 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.  Requires  
            pharmacists who initiate drug therapy to promptly transmit  
            written notification to, or enter the appropriate information  
            into, a patient record system shared with the patient's PCP or  
            diagnosing provider, as appropriate.  Requires pharmacists,  
            prior to initiating or adjusting a controlled substance  
            therapy to personally register with the federal Drug  
            Enforcement Administration (DEA).

          8)Provides that 6) and 7) above is not to interfere with a  
            physician's order to dispense a prescription drug as written,  
            or other order of similar meaning.

          9)Authorizes pharmacists, in addition to the current authority  
            of pharmacists to administer immunizations pursuant to a  
            protocol with a prescriber, 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.  Requires pharmacists to  
            do all of the following to initiate and administer such  
            immunizations:
             a)   Complete an immunization training program endorsed by  
               the CDC or the Accreditation Council for Pharmacy Education  
               (ACPE) 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 maintain  








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               that training; 
             b)   Be certified in basic life support; and, 
             c)   Comply 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 Department of  
               Public Health;

          10)Authorizes pharmacists administering immunizations to also  
            initiate and administer epinephrine or diphenhydramine by  
            injection for the treatment of a severe allergic reaction.

          11)Authorizes pharmacists to furnish NRPs approved by the Food  
            and Drug Administration for use by prescription only in  
            accordance with standardized procedures and protocols  
            developed and approved by both the BOP and the 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; 
             b)   The pharmacist notifies the patient's PCP of any drugs  
               or devices furnished to the patient.  If the patient does  
               not have a PCP, 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 the BOP; and, 
             d)   The pharmacist completes one hour of continuing  
               education (CE) focused on smoking cessation biennially.

          12)Authorizes the BOP and the MBC to ensure pharmacists'  
            compliance with 11) above, and each board is specifically  
            charged with enforcement, as specified, and prohibits  
            construing 11) above to expand the authority of a pharmacist  
            to prescribe any other prescription medication.

          13)Requires a person seeking recognition as an APP to meet all  
            of the following requirements: 
             a)   Hold an active license to practice pharmacy, as  
               specified; 








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             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 ACPE or another entity recognized by the BOP;
               ii)    Complete a 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 with the BOP for recognition as APP  
               and pay the applicable fee.

          14)Indicates that APP recognition issued pursuant to 13) above  
            is valid for two years, coterminous with the certificate  
            holder's license to practice pharmacy.

          15)Requires the BOP to adopt regulations establishing the means  
            of documenting completion of the requirements for an APP  
            recognition, as specified.

          16)Requires the BOP, by regulation, to set the fee for the  
            issuance and renewal of APP recognition at the reasonable cost  
            of regulating the practice of an APP.  Prohibits the fee from  
            exceeding $300.

          17)Requires a pharmacist recognized as an APP to complete 10  
            hours of CE each renewal cycle in addition to the other CE  
            requirements.  Requires the subject matter to be in one or  
            more areas of practice relevant to the pharmacist's clinical  
            practice.

          18)Finds and declares that pharmacists are health care providers  
            who have the authority to provide health care services.

          19)Makes other technical, clarifying, and conforming changes. 

           EXISTING LAW  :  

          1)Establishes the BOP to regulate the practice of pharmacy,  








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            including the licensure of pharmacists.

          2)Provides that the practice of pharmacy is a 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.  Indicates that  
            pharmacy practice is continually evolving to include more  
            sophisticated and comprehensive patient care activities.

          3)Makes it unlawful for any person to manufacture, compound,  
            furnish, sell, or dispense any dangerous drug or dangerous  
            device, or to dispense or compound any prescription of a  
            prescriber unless that person is a pharmacist.

          4)Defines prescription to mean an oral, written, or electronic  
            transmission order that is both: a) given individually for the  
            person or persons for whom it was ordered, as specified; and,  
            b) issued by a physician, dentist, optometrist, podiatrist,  
            veterinarian, or naturopathic doctor, as specified, by a  
            certified nurse-midwife, nurse practitioner (NP), physician  
            assistant (PA), or naturopathic doctor or by a pharmacist, as  
            specified.

          5)Authorizes a pharmacist to initiate a prescription in  
            specified settings, including a licensed health care facility,  
            home health agency, or a licensed clinic, as specified.

          6)Authorizes a pharmacist to furnish emergency contraception  
            drug therapy in accordance with standardized procedure or  
            protocols developed by the pharmacist and an authorized  
            prescriber, as specified.

          7)Authorizes a pharmacist to do the following:
             a)   Furnish a reasonable quantity of compounded drug product  
               to a prescriber for office use by the prescriber;
             b)   Transmit a valid prescription to another pharmacist;
             c)   Administer, orally or topically, drugs and biologicals;
             d)   Perform procedures or functions in a licensed health  
               care facility, as specified;
             e)   Perform procedures or functions as part of the care  
               provided by a health care facility, licensed home health  
               agency, a licensed clinic, a provider who contracts with a  
               licensed health care service plan, or a physician, as  
               specified;








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             f)   Manufacture, measure, fit to the patient, or sell and  
               repair dangerous devices or furnish instructions to the  
               patient or the patient's representative concerning the use  
               of those devices;
             g)   Provide consultation to patients and professional  
               information, including clinical or pharmacological  
               information, advice, or consultation to other health care  
               professionals; and,
             h)   Administer immunizations pursuant to a protocol with a  
               prescriber.

          8)Requires a pharmacist who is authorized to issue an order to  
            initiate or adjust a controlled substance therapy to  
            personally register with the DEA.

          9)Prohibits the BOP, unless exempted, from issuing or renewing a  
            license to conduct a pharmacy to:  a) person/s authorized to  
            prescribe or write a prescription (physician, dentist,  
            optometrist, podiatrist, veterinarian, naturopathic doctors,  
            certified nurse midwife, NP, or PA); b) person/s with whom  
            those specified in 9)a) above share a community or other  
            financial interest in the permit sought; or, c) any  
            corporation that is controlled by, or in which 10% or more of  
            the stock is owned by a person prohibited from pharmacy  
            ownership pursuant to 9)a) or b) above.

          10)Prohibits a person from conducting a pharmacy unless he or  
            she has obtained a licensed from the BOP.  Requires a license  
            for each pharmacy owned or operated by a specific person.  

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee:

          1)One-time costs of about $200,000 to adopt new regulations and  
            upgrade the existing system for processing license  
            applications (Pharmacy Board Contingent Fund).

          2)Ongoing costs of about $300,000 per year for licensing and  
            enforcement (Pharmacy Board Contingent Fund).

          3)Indeterminate impact on state health care programs, such as  
            the California Public Employees' Retirement System and  
            Medi-Cal.

           COMMENTS  :








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           1)PURPOSE OF THIS BILL  .  According to the author, as a result of  
            the implementation of the Patient Protection and Affordable  
            Care Act, about 4.7 million more Californians will be eligible  
            for health insurance starting in 2014.  The newly insured will  
            increase demand for healthcare services and will create more  
            pressure on an already strained health care system,  
            particularly in medically underserved areas.  This bill will  
            allow for better utilization of the existing infrastructure of  
            trained medical providers to bridge the provider gap through  
            expanded practice.  Californians deserve access to high  
            quality primary care offered by a range of safe, efficient,  
            and regulated providers.  PAs, NPs, pharmacists and  
            optometrists all have significantly advanced degrees and an  
            upgraded program accreditation process.  Other states have  
            recognized these advances with practice acts that align with  
            professional competence and advanced education.  But  
            California's practice acts have not kept pace.  We can no  
            longer afford to get by on a fraction of our professional  
            capacity.  California has a robust network of providers who  
            are well-trained, evenly distributed throughout the state, and  
            well positioned to pay particular attention to currently  
            underserved areas.  Deploying these professionals in a  
            team-based delivery model where they work collaboratively with  
            physicians will allow California to meet the demands placed on  
            the healthcare systems.

           2)BACKGROUND  .  

              a)   The Practice of Pharmacy .  Current law authorizes  
               pharmacists to furnish compounded drug products, transmit a  
               valid prescription to another pharmacist, administer,  
               orally or topically, drugs and biologicals pursuant to a  
               prescriber's order, perform procedures or functions in a  
               licensed health care facility, licensed home health agency,  
               manufacture, measure, fit to the patient or sell and repair  
               dangerous devices or furnish instructions to the patient  
               regarding the use of such devices, furnish emergency  
               contraception drug therapy, and provide consultation and  
               professional information, including clinical or  
               pharmacological information to patients, advice, or  
               consultation to other health care professionals, and  
               administer immunizations pursuant to a protocol with a  
               prescriber. 









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             In a licensed health care facility, a home health agency, a  
               licensed clinic in which there is physician oversight, a  
               provider who contracts with a licensed health plan for the  
               provision of services to enrollees of the health care  
               service plan or a physician, and pursuant to policies,  
               procedures, or protocols developed by health professionals,  
               a pharmacist could perform additional functions, including:  
                i) ordering or performing routine drug therapy-related  
               patient assessment procedures including temperature, pulse,  
               and respiration; ii) ordering drug therapy-related  
               laboratory tests; iii) administering drugs and biologicals  
               by injection pursuant to a prescriber's order; iv)  
               initiating or adjusting the drug regimen of a patient  
               pursuant to an order or authorization made by the patient's  
               prescriber.  It should be noted that many of the functions  
               that this bill authorizes for APPs are functions that are  
               already performed by pharmacists in the above settings.  
              
              b)   Education and Training of Pharmacists  .  According to the  
               BOP, there are approximately 40,000 licensed pharmacists in  
               California, and eight pharmacy schools based in the state.   
               The Pharmacy Act requires that pharmacists, to obtain  
               licensure, must have graduated from a college of pharmacy  
               or department of pharmacy of a university recognized by the  
               BOP; have completed at least 150 semester units of  
               collegiate study in the United States, or the equivalent  
               thereof in a foreign country, and no less than 90 of those  
               units must be completed while in resident attendance at a  
               school or college of pharmacy; have earned at least a  
               baccalaureate degree in a course of study devoted to the  
               practice of pharmacy; have completed 1,500 hours of  
               pharmacy practice or experience; and, have passed the North  
               American Pharmacist Licensure Examination and the  
               California Practice Standards and Jurisprudence Examination  
               for Pharmacists.  For purposes of the 1,500 hours of  
               pharmacy practice experience, the BOP requires the  
               following: i) a minimum of 900 hours must be obtained in a  
               pharmacy; ii) a maximum of  600 hours may be granted at the  
               discretion of the BOP for other experience substantially  
               related to the practice of pharmacy; iii) experience in  
               both community pharmacy and institutional pharmacy  
               settings; and, iv) pharmacy experience that satisfies the  
               requirements for both introductory and advanced pharmacy  
               practice experiences established by the ACPE.  The BOP also  
               requires pharmacists to complete 30 hours of CE every two  








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               years for purposes of license renewal.  

             The ACPE is the national agency for the accreditation of  
               professional degree programs in pharmacy and providers of  
               pharmacy CE.  All pharmacy schools in the country and  
               California are ACPE-accredited.  ACPE initially established  
               standards for the baccalaureate degree in pharmacy, then  
               added the doctor of pharmacy standards as an alternative,  
               and in 2000 announced the conversion to the doctor of  
               pharmacy (PharmD) as the sole entry-level degree for the  
               profession of pharmacy.

              c)   Vaccines  .  This bill authorizes a pharmacist to  
                                         independently administer vaccines listed on the routine  
               immunization schedules recommended by ACIP.  According to  
               the CDC, vaccines are responsible for the control of many  
               infectious diseases that were once common in this country  
               and around the world, including polio, measles, diphtheria,  
               pertussis (whooping cough), rubella (German measles),  
               mumps, tetanus, and Haemophilus influenzae type b (Hib).   
               Vaccine-preventable diseases have a costly impact,  
               resulting in doctor's visits, hospitalizations, and  
               premature deaths. Sick children can also cause parents to  
               lose time from work.  Vaccines contain the same antigens or  
               parts of antigens that cause diseases, but the antigens in  
               vaccines are either killed or greatly weakened. Vaccine  
               antigens are not strong enough to cause disease but they  
               are strong enough to make the immune system produce  
               antibodies against them. 

             Federal law requires ACIP to provide advice and guidance to  
               the Secretary of the U.S. Department of Health and Human  
               Services (HHS), the Assistant Secretary for Health, and the  
               CDC on the most effective means to prevent  
               vaccine-preventable diseases.  Another goal of ACIP is to  
               increase the safe usage of vaccines and related biological  
               products.  ACIP consists of 15 experts in fields associated  
               with immunization who have been selected by the HHS  
               Secretary, and is the only entity in the federal government  
               which develops recommendations for the routine  
               administration of vaccines to children and adults, along  
               with schedules regarding the age for vaccine  
               administration, appropriate dosage, dosing intervals,  
               precautions, and contraindications applicable to the  
               vaccines








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              d)   Healthcare Workforce Shortage  .  On March 23, 2010,  
               President Obama signed the ACA (Public Law (PL) 111-148),  
               as amended by the Health Care and Education Reconciliation  
               Act of 2010 (PL 111-152).  Among other provisions, the new  
               law requires most U.S. citizens and legal residents to have  
               health insurance; creates state-based American Health  
               Benefit Exchanges through which individuals can purchase  
               coverage, with premium and cost sharing credits, and  
               creates separate exchanges through which small businesses  
               can purchase coverage.  A 2011 study by the Center for the  
               Health Professions of the University of California, San  
               Francisco entitled "California's Health Care Workforce:  
               Readiness for the ACA Era" indicates that with California's  
               implementation of the ACA, 4-6 million Californians will  
               obtain coverage.  As such, there is a need not only for a  
               sufficient number of providers but also providers who can  
               meet the needs of a diverse and changing public.   
               Specifically, the study points out that primary care will  
               be the area most immediately affected because preventive  
               care and chronic disease management become increasingly  
               important.
             In March 2012 and March 2013, the Senate Health Committee  
               conducted informational hearings relating to healthcare  
               workforce and the ACA.  The hearings explored the supply,  
               and expected demand, for various healing arts practitioners  
               as part of ACA implementation.  Additionally, several  
               options were discussed to address workforce needs.

           3)SUPPORT  .  The University of California states that full and  
            consistent recognition of scope of practice and provider  
            status by health care payers for California pharmacists would  
            enable the pharmacy profession to make significant strides  
            forward.  In this era of limited resources, the changes  
            proposed by this bill would help increase workforce capacity,  
            improve access to care, more fully integrate the pharmacy  
            profession into the health care team, and potentially offer  
            much-needed costs savings to California.  

          Pharmacy schools such as Touro University state that this bill  
            allows more pharmacists to practice to their level of  
            education.  It states that graduates are trained to manage  
            chronic diseases such as hypertension, diabetes, and  
            hyperlipidemia.  









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          The California Chronic Care Coalition states that pharmacists  
            are highly-trained health care workers, who can provide some  
            preventative health care measures and medications in very safe  
            conditions to people who would otherwise go without health  
            care.

          Blue Shield of California indicates that this bill will help  
            alleviate the healthcare access challenge, help control costs,  
            and reduce the strain in our overburdened healthcare system.

          The California Retailers Association indicates that pharmacists  
            are one of the most underutilized healthcare professionals  
            within the healthcare system and historically their role in  
            providing direct patient care has been fairly limited.   
            However, pharmacists are well- equipped with the clinical and  
            professional experience to do much more and are uniquely and  
            conveniently situated within communities to help patients  
            optimize medication use, prevent medication-related problems,  
            and improve health outcomes through the delivery of direct and  
            frequent patient care services such as Medication Therapy  
            Management, health promotion and education among other  
            functions.

          The California Board of Pharmacy states that the functions and  
            services that an APP may perform under this bill are not new  
            and pharmacists can currently perform these types of functions  
            and services in certain settings under certain conditions.   
            Pharmacists are highly educated, with extensive training in  
            patient care and disease prevention and management, and are  
            one of the most accessible health care providers to patients.   


           4)OPPOSITION  .  The California Chapter of the American College of  
            Emergency Physicians opposes a previous version of this bill  
            and states that "pharmacists have no education training to  
            perform physical examinations nor do they have any training to  
            diagnose medical conditions.  As physicians educated and  
            trained in the complexities of human physiology and  
            epidemiology, we cannot imagine how someone without adequate  
            education or training could safely perform physical exams or  
            render diagnosis.  Additionally, the bill introduces potential  
            conflicts of interest and undermines the corporate ban on the  
            practice of medicine because pharmacists are not covered by  
            the ban.  It is foreseeable that a pharmacist working for a  
            retail chain could be paid to prescribe a drug by the company  








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            profiting from the prescription.

          The California Psychiatric Association opposes the APP  
            provisions of this bill because of the potential risks to the  
            health and safety of patients of psychiatrists or other  
            physicians who are taking powerful, sometimes dangerous  
            psychotropic medications which often have serious side  
            effects.  

           5)OPPOSE UNLESS AMENDED  .  The California Academy of Family  
            Physicians has an oppose unless amended position on a prior  
            version of this bill and states that the single training  
            course required for pharmacists to administer vaccines puts  
            patients at risk; smoking cessation drugs and devices should  
            only be used under close medical supervision; fragmented  
            primary care received in a pharmacy may not be an appropriate  
            venue in which to monitor patients using these medications;  
            and, the authority of an APP to adjust drug therapy should be  
            contingent upon notice to the prescriber.

          The Osteopathic Physicians and Surgeons of California (OPS) also  
            has an oppose unless amended position on a prior version of  
            this bill and indicates concerns regarding giving authority to  
            pharmacists to furnish self-administered hormonal  
            contraception, prescription smoking-cessation drugs, and  
            medications required for international travelers.  OPS states  
            that unlike physicians, pharmacists do not conduct full  
            patient assessments in the course of their practice that would  
            identify potential contraindications from these medications.  

           6)NEUTRAL  .  The California Medical Association (CMA) has taken a  
            neutral position on this bill and indicates that this bill, as  
            amended, enables pharmacists, with the appropriate training  
            and education, to attain the APP designation and this would  
            help improve the communication and coordination between the  
            patient, the physician, and their pharmacists.  CMA also  
            points out that the amendments have the potential to improve  
            access to vaccines for children and access to nicotine based  
            smoking cessation products for adults seeking to end their  
            addiction to tobacco products.

           7)RELATED LEGISLATION  . 

             a)   SB 491(Ed Hernandez), among other provisions, authorizes  
               a NP to practice independently if the NP meets specified  








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               experience and certification requirements.   SB 491 is  
               pending in the Assembly Business, Professions and Consumer  
               Protection Committee.  

             b)   SB 492 (Ed Hernandez), among other provisions, expands  
               the scope of practice of optometrists, as specified, and  
               states the Legislature's intent that the Office of  
               Statewide Health Planning and Development, under the Health  
               Workforce Pilot Projects Program, designate a pilot project  
               intended to test, demonstrate, and evaluate expanded roles  
               for optometrists in the performance of management and  
               treatment of diabetes mellitus, hypertension, and  
               hypercholesterolemia.  SB 492 is pending in the Assembly  
               Business, Professions and Consumer Protection Committee.

           8)PREVIOUS LEGISLATION  .  

             a)   AB 2408 (Negrete McLeod), Chapter 777, Statutes of 2006,  
               among various provisions, authorizes a pharmacist to  
               perform certain procedures or functions in specified  
               facilities, including a health care facility, home health  
               agency, or licensed clinic.

             b)   AB 1711 (Strickland), Chapter 58, Statutes of 2005,  
               authorizes a registered nurse or licensed pharmacist to  
               administer in skilled nursing facilities influenza and  
               pneumococcal immunizations to patients over 50 years of  
               age, as specified.   

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

           9)DOUBLE-REFERRAL  .  This bill is double referred, it was heard  
            in the Assembly Business, Professions and Consumer Protection  
            Committee on August 6, 2013, and passed out on a 
            14-0 vote.

           10)POLICY CONCERNS  .

              a)   Patient Assessments  .  This bill authorizes an APP to  
               perform patient assessments.  However, it is unclear  
               whether patient assessments include conducting full or  
               partial physical examinations.  Under existing law, a  








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               pharmacist in a health care facility could order and  
               perform routine drug therapy-related patient assessment  
               procedures including temperature, pulse, and respiration.   
               The Chair recommends that the performance of patient  
               assessments should only be for purposes of drug therapy, as  
               in existing law for pharmacists in a health care facility.

              b)   Vaccines  .  This bill authorizes a pharmacist to  
               independently initiate and administer vaccines listed on  
               the routine immunization schedules recommended by ACIP for  
               persons three years of age and older and requires a  
               pharmacist to complete an immunization training program, as  
               specified.  The Chair recommends that the training required  
               in this bill specifically include demonstrated proficiency  
               annually in the application of ACIP's recommended  
               immunization schedules.

              c)   Order and Interpret Tests  .  Provisions relating to the  
               ordering and interpreting of tests are contained in two  
               different sections of this bill.  First, Section 4052 (a)  
               (12) authorizes a pharmacist to order and interpret tests  
               for the purpose of monitoring and managing the efficacy and  
               toxicity of drug therapies.  According to the author, this  
               authority is limited to monitoring the efficacy and  
               toxicity of drug therapies, and does not allow the  
               pharmacist to take any action/s based on the results of the  
               test.  On the other hand, Section 4052.6 authorizes an APP  
               to order and interpret drug therapy-related test which is  
               broader and aligns with an APP's additional authority to  
               adjust, initiate, or discontinue drug therapy pursuant to a  
               protocol, as specified.  The Chair is concerned that these  
               provisions provide no parameters on how these functions  
               could be accomplished.  For example, this bill provides no  
               practice guidelines for ordering and interpreting these  
               tests, the need to evaluate the test results in the context  
               of a patient's full medical history, which a pharmacist may  
               not have access to, the handling of abnormal test results  
               that require discussion or consultation with a physician,  
               and the need for additional patient assessments.  As such,  
               the Chair recommends that a pharmacist orders and  
               interprets these tests under the direction of a physician  
               who is actively involved in the direct care of the patient,  
               such as the prescribing physician.  This recommendation  
               would correspond to current practice by health system  
               pharmacists who are members of the patient care team.  








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             Additionally, there is nothing in this bill that requires a  
               pharmacist to provide a copy of the test results to the  
               patient or the physician who is actively involved in the  
               direct care of the patient, which is required under this  
               bill when drugs and devices are furnished to the patient,  
               and also when a pharmacist initiates, adjusts, or  
               discontinues drug therapy.  To be consistent and facilitate  
               communication with the physician, the Chair recommends that  
               a pharmacist who orders and interprets tests must provide a  
               copy of the test results to the patient or the physician  
               who is actively involved in the direct care of the patient.

              d)   Corporate Influence  .  This bill expands the role of  
               pharmacists by, among other functions, authorizing them to  
               independently administer vaccines, order and interpret  
               tests, and initiate a prescription (APP).  In those  
               instances that a corporation employs these pharmacists, the  
               Chair is concerned that that the financial goals of a  
               corporation may conflict with the professional goals of a  
               pharmacist.  The Chair recommends including a provision in  
               this bill to make it unprofessional conduct for a person  
               (defined in the Pharmacy Act to include a firm,  
               association, partnership, corporation, limited liability  
               company, state governmental agency, or political  
               subdivision) who conducts a pharmacy to exert undue  
               influence on a pharmacist to commit any act or omission  
               with the primary purpose of increasing revenue, sales, or  
               other financial influence.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          Adventist Health
          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 Hospital Association
          California Immunization Coalition
          California Korean American Pharmacists Association








                                                                  SB 493
                                                                  Page  17

          California Medical Board
          California Northstate University, College of Pharmacy
          California Optometric Association
          California Pharmacists Association
          California Primary Care Association
          California Retailers Association
          California Society of Health-System Pharmacists
          California State Board of Pharmacy
          Californians for Patient Care
          Cedars-Sinai Medical Center
          Dignity Health
          Indian Pharmacists Association of California
          Kaiser Permanente
          Loma Linda University
          National Asian American Coalition
          National Association of Chain Drug Stores
          Pharmacy Choice and Access Now
          Private Essential Access Community Hospitals
          Safeway
          St. Elizabeth Community Hospital
          Touro University-California, College of Pharmacy
          United Nurses Association of California/Union of Health Care  
          Professionals
          University of California
          University of California, San Diego, Skaggs School of Pharmacy  
          and Pharmaceutical Sciences
          University of California, San Francisco
          Western University of Health Sciences
          Numerous pharmacy students

           Opposition 
           
          American College of Emergency Physicians, California Chapter
          Blind Children's Center
          California Academy of Eye Physicians and Surgeons
          California Academy of Family Physicians
          California Psychiatric Association
          California Right to Life Committee, Inc.
          California Society of Anesthesiologists
          California Society of Plastic Surgeons
          Canvasback Missions, Inc.
          Dream Machine Foundation
          Here for Them, Inc.
          Let's Face It Together Foundation
          Lighthouse for Christ Mission and Eye Center








                                                                  SB 493
                                                                  Page  18

          Osteopathic Physicians and Surgeons of California 
          Sansum Diabetes Research Institute
          Time for Change Foundation
          Union of American Physicians and Dentists
          Ventura County American Chinese Medical Dental Association


           Analysis Prepared by  :    Rosielyn Pulmano / HEALTH / (916)  
          319-2097