BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 952| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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. SB 952 Page 2 (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: SB 952 Page 3 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, SB 952 Page 4 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) SB 952 Page 5 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 SB 952 Page 6 **** END ****