BILL ANALYSIS Ó SENATE COMMITTEE ON BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT Senator Jerry Hill, Chair 2015 - 2016 Regular Bill No: SB 590 Hearing Date: April 6, 2015 ----------------------------------------------------------------- |Author: |Stone | |----------+------------------------------------------------------| |Version: |February 26, 2015 | ----------------------------------------------------------------- ---------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ---------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Sarah Mason | |: | | ----------------------------------------------------------------- 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) SB 590 (Stone) Page 2 of ? 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 SB 590 (Stone) Page 3 of ? 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 SB 590 (Stone) Page 4 of ? 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." SB 590 (Stone) Page 5 of ? SUPPORT AND OPPOSITION: Support: California Pharmacists Association (CPhA) Opposition: None on file as of March 31, 2015. -- END --