BILL ANALYSIS Ó SB 590 Page 1 Date of Hearing: June 23, 2015 ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS Susan Bonilla, Chair SB 590(Stone) - As Amended April 22, 2015 SENATE VOTE: 37-0 SUBJECT: Pharmacy: intern pharmacists. SUMMARY: Authorizes the Board of Pharmacy (Board) to deem those who graduate after January 1, 2016, from a college or school of pharmacy, as specified, as having satisfied pharmacy practice experience requirements. EXISTING LAW: 1)Requires the Board to license and regulate the practice of pharmacy. (Business and Professions Code (BPC) § 4000 et seq.) 2)Defines an "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 who meets educational requirements, or one year if he or she has SB 590 Page 2 failed the pharmacist license exam four times and has reenrolled in a school of pharmacy, as specified. (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. (BPC § 4114) 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, to 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. (BPC § 4209) 6)Authorizes an applicant 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. (BPC § 4209) SB 590 Page 3 THIS BILL: 7)Deems an applicant for the pharmacist licensure examination who graduates after January 1, 2016, from an ACPE-accredited college of pharmacy or school of pharmacy recognized by the Board as having satisfied the pharmacy practice experience requirements. 8)Specifies that 900 hours of the required 1,500 hours of pharmacy practice experience include experience in a pharmacy as a pharmacist and in both a community and institutional pharmacy practice setting. 9)Provides that no reimbursement is required by this bill pursuant to Section 6 of Article XIIB 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. 10)Makes clarifying and conforming changes. FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs. COMMENTS: Purpose. This bill is sponsored by the Board . According to the author, "[This bill] is a simple bill that is sponsored by the [Board]. As a consumer protection agency, one of the key SB 590 Page 4 functions of the [Board] is to ensure that applicants seeking licensure satisfy at least the minimum requirements for licensure set forth in law." Background. Pharmacy law establishes the requirements for pharmacist applicants, including the number of pharmacy practice hours that must be earned prior to applying for the pharmacist licensure examination. Currently, intern pharmacists must complete 1,500 hours of pharmacy practice hours that comply with the Standards of Curriculum established by the ACPE or with regulations adopted by the Board. Intern pharmacists are required to submit proof of experience on Board-approved affidavits, or another form specified by the Board, which are signed under penalty of perjury by the supervising pharmacist. Board regulations (16 California Code of Regulations 1728) already require those 1,500 hours to include a minimum of 900 hours of pharmacy practice experience obtained in a pharmacy, experience in both a community pharmacy and institutional pharmacy settings, and experience to satisfy the requirements for both introductory and advanced pharmacy practice experiences established by the ACPE. Currently, the ACPE standards and guidelines require schools to ensure that students complete a minimum of 1,740 hours of pharmacy practice experience (300 hours of introductory and 1,440 hours of advanced pharmacy practice experience) under the supervision of approved preceptors. In addition, in California, recognized schools of pharmacy are either those that are accredited by the ACPE or otherwise recognized by the Board. According to the Board, the only schools recognized by the Board that are not ACPE-accredited are those that are waiting to complete the ACPE-accreditation process. In 2014, after hearing from various stakeholders and examining the issue, the Board determined it should revise its current process for the reporting of pharmacy practice experience for SB 590 Page 5 individuals graduating from an ACPE-accredited school of pharmacy. Because students graduating from ACPE-accredited schools are already meeting intern hour requirements, accepting graduation from an ACPE-accredited school or school otherwise recognized by the Board as proof of fulfillment of pharmacy practice experience hours streamlines the application process. Prior Related Legislation. SB 1575 (Committee on Business, Professions and Economic Development), Chapter 799, Statutes of 2012, clarified the application process for intern hours for applicants who earned intern hours in another state or who have been licensed as a pharmacist in another state. 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 authorized 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. ARGUMENTS IN SUPPORT: According to the Board , "As written, this bill will streamline the application process for individuals seeking licensure as pharmacists who are recent graduates of accredited schools of pharmacy or other schools or pharmacy recognized by the board without compromising the board's consumer protection mandate." According to the University of California , "Out-of-state graduates pursuing a license to practice as a pharmacist in California simply need to inform the Board that they graduated SB 590 Page 6 from an accredited school of pharmacy?We believe that the process should be the same for graduates of any accredited school of pharmacy, regardless of whether it is located in California or another state. Furthermore, the attestation required for California graduates is labor-intensive for the interns, the supervising pharmacists, as well as the Board." According to the California Pharmacists Association , "Given that each school of pharmacy carefully monitors the pharmacy practice experience of students, the burdensome affidavit requirement is not necessary." ARGUMENTS IN OPPOSITION: None on file. REGISTERED SUPPORT: Board of Pharmacy (sponsor) California Pharmacists Association University of California REGISTERED OPPOSITION: None on file. Analysis Prepared by:Eunie Linden / B. & P. / (916) 319-3301 SB 590 Page 7