BILL ANALYSIS Ó
SB 590
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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
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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)
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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
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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
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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
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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
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