BILL ANALYSIS                                                                                                                                                                                                    Ó



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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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