BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        SB 952|
          |Office of Senate Floor Analyses   |                              |
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                                   THIRD READING 


          Bill No:  SB 952
          Author:   Anderson (R) 
          Introduced:2/4/16  
          Vote:     21 

           SENATE BUS, PROF. & ECON. DEV. COMMITTEE:  9-0, 4/4/16
           AYES:  Hill, Bates, Berryhill, Block, Galgiani, Hernandez,  
            Jackson, Mendoza, Wieckowski

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 4/18/16
           AYES:  Lara, Bates, Beall, De León, Hill, Mendoza, Nielsen

           SUBJECT:   Pharmacy technicians:  licensure requirements


          SOURCE:    National Healthcareer Association
          
          DIGEST:   This bill expands the number of pharmacy technician  
          certification programs that may be recognized toward pharmacy  
          technician licensure by the Board of Pharmacy (BOP).     


          ANALYSIS:  

          Existing law:

          1)Establishes the BOP to regulate the practice of pharmacy and  
            to administer and enforce the Pharmacy Law. (Business and  
            Professions Code (BPC) Sections 4000 et seq.)

          2)Defines a pharmacy technician as an individual who assists a  
            pharmacist in a pharmacy in the performance of his or her  
            pharmacy related duties.  








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          (BPC § 4038)

          3)Authorizes the BOP to issue a pharmacy technician license to  
            an individual if he or she is a high school graduate or  
            possesses a general educational development certificate  
            equivalent, and meets any one of the following requirements:   
            (BPC § 4202)  

             a)   Has obtained an associate's degree in pharmacy  
               technology;

             b)   Has completed a course of training specified by the BOP;

             c)   Has graduated from a school of pharmacy recognized by  
               the BOP; or,

             d)   Is certified by the Pharmacy Technician Certification  
               Board (PTCB).  

          4)Authorizes a pharmacy technician to perform packaging,  
            manipulative, repetitive, or other nondiscretionary tasks only  
            while assisting, and while under the direct supervision and  
            control of, a pharmacist.  The pharmacist shall be responsible  
            for the duties performed under his or her supervision by a  
            technician, and a pharmacist may not supervise more than two  
            pharmacy technicians at any time, expect as specified.  (BPC §  
            4115)

          5)Requires the BOP to ensure that every licensing examination  
            administered by or pursuant to contract with the BOP is  
            subject to periodic evaluation.  The evaluation shall include:  
             (a) a description of the occupational analysis serving as the  
            basis for the examination; (b) sufficient item analysis data  
            to permit a psychometric evaluation of the items; (c) an  
            assessment of the appropriateness of prerequisites for  
            admittance to the examination; and (d) an estimate of the  
            costs and personnel required to perform these functions.  The  
            evaluation shall be revised whenever, in the judgment of the  
            BOP, there is a substantial change in the examination or the  
            prerequisites for admittance to the examination.  
          (BPC § 139)

          This bill:








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          1) Permits a pharmacy technician applicant to attain  
             certification at any pharmacy technician certification  
             program approved by the BOP and accredited by the National  
             Commission for Certifying Agencies (NCCA). 

          2) Makes a technical change.
          
          Background
            
          Pharmacy technicians are licensed by the BOP to perform  
          nondiscretionary tasks under the direct supervision of a  
          pharmacist.  The BOP allows four pathways to become a pharmacy  
          technician, one of which is to take the Pharmacy Technician  
          Certification Exam (PTCE) and become certified by the PTCB.  

          This bill is sponsored by the National Healthcareer Association,  
          a competing certification association to PTCB.  Both  
          certification entities are accredited by the NCCA, which  
          accredits programs that certify individuals in a range of  
          healthcare and non-healthcare roles.   
            
          Current law requires every licensing exam used by a board to be  
          evaluated for legitimacy.  Among other requirements, the  
          evaluation must include an occupational analysis, which  
          establishes which skills to be tested.  This is particularly  
          important for pharmacy technicians because there are different  
          requirements depending on where they practice.  However, there  
          is no California occupational analysis for a pharmacy  
          technician.     

          At the BOP's request, the Department of Consumer Affairs' Office  
          of Professional Examination Services (OPES) evaluated the PTCE  
          and the Exam for the Certification of Pharmacy Technicians  
          (ExCPT) in 2014.  The lack of an occupational analysis was an  
          impediment to a decisive review.  OPES writes, "A consistent  
          issue with this examination review project was to attempt to  
          reach consensus among practicing pharmacists and pharmacy  
          technicians regarding the specific level of task and knowledge  
          proficiency required for licensure/certification."  OPES  
          ultimately concluded that because of the disagreements about  
          universal threshold skills, "?it was not possible for either  
          [subject matter expert] group to give either examination an  
          unqualified endorsement."  OPES found that the ExCPT covered a  
          broader range of retail and hospital setting responsibilities,  







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          but PTCB covered more inpatient skills.  Of particular concern  
          is that OPEC also found that PTCE covered skills outside of a  
          pharmacy technician's scope of practice.  

          OPES recommended that the BOP commission an occupational  
          analysis so that either or both exams could be recommended.   
          However, it does not appear that the BOP is planning to conduct  
          such an analysis.  The BOP argues that it is not required to do  
          one because neither test are the BOP's own examination, nor is  
          certification by examination the only route to licensure.   
          Further, the BOP argues that it does not have the financial or  
          personnel resources and does not believe that such a study would  
          add value to the BOP's existing knowledge about the exams.  

          This bill will allow the BOP to approve any certification  
          program accredited by NCCA toward pharmacy technician licensure.  
           However, the BOP should conduct an occupational analysis and  
          any other steps necessary to be in full statutory compliance  
          with its current exam and prior to approving any additional  
          programs.


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          According to the Senate Appropriations Committee, this bill will  
          have one-time costs of $75,000 for the BOP to conduct an  
          occupational analysis and adopt regulations (Pharmacy Board  
          Contingent Fund).




          SUPPORT:   (Verified4/19/16)


          National Healthcareer Association (source)
          California Retailers Association  
          National Association of Chain Drug Stores 
          Rite Aid Corporation


          OPPOSITION:   (Verified4/19/16)







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          None received

          ARGUMENTS IN SUPPORT:  The NHA writes, "Both NHA and PTCB are  
          accredited by the same well-respected accrediting body (NCCA),  
          which ensures an objective third party assessment of program  
          governance psychometric soundness and exam administration and  
          security.  Each must reapply for accreditation every 
          5 years, and must make annual reports during the accreditation  
          period.
             
          "Currently, NHA's ExCPT exam is recognized in virtually all the  
          states that require or encourage certification for pharmacy  
          technicians.  There are only a handful of states that still give  
          an exclusive monopoly to PTCB in this area."

          "?NHA has been working diligently to give pharmacy technicians  
          in California a choice of which exam to take in order to obtain  
          their license.  The ExCPT is a less expensive but more thorough  
          exam.  Specifically, the ExCPT exam fee is only $105, compared  
          to the $129 fee for the PTCE.  And the ExCPT contains 120  
          questions, compared to the PTCE's 90 questions.  (The ExCPT  
          allows an additional 10 minutes to complete the test.)  In  
          addition, because NHA contracts with a different testing  
          facility than PTCB, passage of SB 952 would effectively double  
          the number of testing locations in California, thereby making it  
          easier for applicants to access the exam facilities most  
          convenient to their homes or workplaces.

          "?SB 952 will allow greater access and opportunity for pharmacy  
          technicians to obtain licensure in California, and will give  
          them a much needed choice in terms of vendors.  Moreover, SB 952  
          would open up competition to any other vendors that meet with  
          Board approval.  Open competition always inures to the benefit  
          of the consumer." 




          Prepared by:Sarah Huchel / B., P. & E.D. / (916) 651-4104
          4/20/16 15:58:15









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