BILL ANALYSIS                                                                                                                                                                                                    



          SENATE COMMITTEE ON
          BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
                              Senator Jerry Hill, Chair
                                2015 - 2016  Regular 

          Bill No:            SB 590          Hearing Date:    April 6,  
          2015
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          |Author:   |Stone                                                 |
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          |Version:  |February 26, 2015                                     |
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          |Urgency:  |No                     |Fiscal:    |Yes              |
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          |Consultant|Sarah Mason                                           |
          |:         |                                                      |
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                      Subject:  Pharmacy:  intern pharmacists.


          SUMMARY:  Clarifies the means by which intern pharmacist applicants for  
          licensure and examination can provide pharmacy practice  
          experience to the Board of Pharmacy. 

          Existing law:
          
          1)Establishes the practice of pharmacy and provides for the  
            licensing and regulation of pharmacies and pharmacists by the  
            Board of Pharmacy (Board).  (Business and Professions Code  
            (BPC)  4000 et seq.)

          2)Defines "intern pharmacist" as a person licensed by the Board  
            for a period of one to six years if he or she is enrolled in a  
            school of pharmacy recognized by the Board, two years if he or  
            she is a graduate of a school of pharmacy recognized by the  
            Board who has applied to become licensed as a pharmacist, two  
            years if he or she is a foreign graduate, or one year if he or  
            she has failed the pharmacist license exam four times and has  
            remained enrolled in a school of pharmacy.  (BPC  4030)

          3)Provides that an intern pharmacist may perform all functions  
            of a pharmacist at the discretion of and under the direct  
            supervision and control of a pharmacist whose license is in  
            good standing with the Board.  Specifies that a pharmacist may  
            not supervise more than two intern pharmacists at any one  
            time.  (BPC  4114)







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          4)Requires an intern pharmacist to complete 1,500 hours of  
            pharmacy practice that complies with the Standards of  
            Curriculum established by the Accreditation Council for  
            Pharmacy Education (ACPE) or with regulations adopted by the  
            Board before applying for the pharmacist licensure  
            examination.  (BPC  4209)

          5)Requires an intern pharmacist to submit proof of his or her  
            experience on Board-approved affidavits, or another form  
            specified by the Board, which shall be certified under penalty  
            of perjury by a pharmacist under whose supervision such  
            experience was obtained or by the pharmacist-in-charge at the  
            pharmacy while the pharmacist intern obtained the experience.   
            Allows intern hours earned in another state to be certified by  
            the licensing agency of that state to document proof of those  
            hours.  (Id.)  

          6)Authorizes an applicant for the examination who has been  
            licensed as a pharmacist in any state for at least one year,  
            as certified by the licensing agency of that state, to submit  
            the certification above to satisfy the required 1,500 hours of  
            intern experience, provided that the applicant has obtained a  
            minimum of 900 hours of pharmacy practice experience in a  
            pharmacy as a pharmacist.  Provides that certification of an  
            applicant's licensure in another state shall be submitted in  
            writing and signed, under oath, by a duly authorized official  
            of the state in which the license is held.  (Id.)

          This bill:

          1) Makes clarifying changes by adding "experience" to all  
             references of pharmacy practice required prior to examination  
             and licensure for intern pharmacists and substitutes "intern  
             hours" under current law for "pharmacy practice experience".

          2) Specifies that 900 hours of the pharmacy practice experience  
             required by the Board prior to applying for the pharmacist  
             licensure examination include experience in a pharmacy as a  
             pharmacist in both a community and institutional pharmacy  
             practice setting.

          3) Specifies that 900 hours of the pharmacy practice experience  
             required by the Board for applicants for the pharmacist  








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             licensure examination who have been licensed as a pharmacist  
             in any state for at least one year, include experience in a  
             pharmacy as a pharmacist in both a community and  
             institutional pharmacy practice setting.

          4) Provides that an applicant for the pharmacist licensure  
             examination who has graduated after January 1, 2016 from an  
             ACPE-approved college of pharmacy or department of pharmacy  
             of a university recognized by the Board, shall be deemed to  
             have satisfied the required 1500 hours of pharmacy practice  
             experience.

          
          FISCAL EFFECT:  Unknown.  This bill is keyed "fiscal" by  
          Legislative Counsel.  

          
          COMMENTS:
          
          1. Purpose.  The  Board of Pharmacy  is the sponsor of this bill.   
             According to the Author, many student applicants have  
             difficulty providing documentation of professional practice  
             experience to the Board if they have gained experience in  
             several pharmacies and different pharmacy settings as part of  
             their pharmacy practice experience over a three to four year  
             period, due to the requirement that such experience must be  
             documented and signed under penalty of perjury by a  
             pharmacist under whose supervision such experience was  
             obtained (or by another designated pharmacist).  The Author  
             notes, that since all schools of pharmacy recognized by the  
             Board meet the same standards of curriculum (including  
             pharmacy practice experience) as outlined in the Pharmacy  
             Law, the current method of documentation, which can be  
             cumbersome for applicants, does not actually add value to the  
             application process or enhance the Board's consumer  
             protection mandate.

          2. Background.  Existing law establishes parameters for pharmacy  
             practice experience and how an applicant for a pharmacist  
             license must comply with pharmacy practice requirements while  
             Board regulations provide further specificity on pharmacy  
             practice experience and in what settings the experience is to  
             be obtained.  In 2014, the Board had various discussions and  
             determined it should revise its current process for the  








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             reporting of pharmacy practice experience for individuals who  
             graduate from an ACPE school of pharmacy, specifically  
             indicating a desire to accept the PharmD degree from an ACPE  
             accredited school as documentation that an individual has  
             completed the required pharmacy practice experience  
             requirements. 

          3. Related Legislation.   SB 1039  (Hernandez, Chapter 319,  
             Statutes of 2014) made changes to the authorized tasks of a  
             pharmacy technician under the direct supervision or control  
             of a pharmacist and authorized intern pharmacists to perform  
             specified tasks.

              SB 493  (Hernandez, Chapter 469, Statutes of 2013) updated  
             Pharmacy Law to authorize pharmacists to perform certain  
             functions according to specified requirements and established  
             advanced practice pharmacist  recognition. 

              SB 1575  (Committee on Business, Professions and Economic  
             Development, Chapter 799, Statutes of 2012) streamlined the  
             processing of applicants for the pharmacist licensure  
             examination, and ensured that applicants who submit  
             verification of intern hours worked from another state board  
             of pharmacy have met the California requirements. 

              SB 1913  (Committee on Business and Professions, Chapter 695,  
             Statutes of 2004) established the licensure of intern  
             pharmacists and set forth specified requirements that an  
             intern pharmacist must meet, and conditions under which an  
             intern pharmacist license may be issued as well as  
             authorizing an intern pharmacist to perform all functions of  
             a pharmacist at the discretion of and under the supervision  
             of a pharmacist whose license is in good standing with the  
             board.
           
           4. Arguments in Support.   The California Pharmacists Association   
             (CPhA) writes in support of this bill, stating that, "Given  
             that each school of pharmacy carefully monitors the pharmacy  
             practice experience of students, the burdensome affidavit  
             requirement is not necessary?It is important to note that the  
             pharmacy practice experience requirements remain unchanged;  
             SB 590 only affects the documentation requirements for this  
             experience."
          








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          SUPPORT AND OPPOSITION:
          
           Support:  

          California Pharmacists Association (CPhA)

           Opposition:  

          None on file as of March 31, 2015.


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