BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 952


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          Date of Hearing:  June 14, 2016


                   ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS


                                  Rudy Salas, Chair


                  SB 952(Anderson) - As Introduced February 4, 2016


          SENATE VOTE:  39-0


          SUBJECT:  Pharmacy technicians:  licensure requirements


          SUMMARY:  Expands the number of pharmacy technician  
          certification programs that may be recognized for pharmacy  
          technician licensure by the Board of Pharmacy (Board).  


          EXISTING LAW:   


          1)Establishes the Board within the Department of Consumer  
            Affairs (DCA) to regulate the practice of pharmacy and to  
            administer and enforce the Pharmacy Law. (Business and  
            Professions Code (BPC) 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.  (BPC Section 4038)
          3)Authorizes the Board 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: 








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             a)   Has obtained an associate's degree in pharmacy  
               technology;
             b)   Has completed a course of training specified by the  
               Board;


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


             d)   Is certified by the Pharmacy Technician Certification  
               Board (PTCB).  (BPC Section 4202)  


          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, who is responsible for the duties  
            performed under his or her supervision by a technician and may  
            not supervise more than two pharmacy technicians at any time,  
            expect as specified.  (BPC Section 4115)
          5)Requires the Board to ensure that every licensing examination  
            administered by or pursuant to contract with the Board is  
            subject to periodic evaluation.  The evaluation must include: 


             a)   A description of the occupational analysis (OA) 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  








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               perform these functions.  (BPC Section 139)


          6)The evaluation of licensing examination must be revised  
            whenever, in the judgment of the Board, there is a substantial  
            change in the examination or the prerequisites for admittance  
            to the examination.  (BPC Section 139)
          THIS BILL: 


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


          FISCAL EFFECT:  According to the Senate Committee on  
          Appropriations, this bill will result in one-time costs of  
          $75,000 for the Board to conduct an OA and adopt regulations  
          (Pharmacy Board Contingent Fund).


          COMMENTS:  


          Purpose.  This bill would expand the number of pharmacy  
          technician certification programs that could be recognized by  
          the Board for licensing and strike from existing law specific  
          reference to the Pharmacy Technician Certification Board,  
          instead referencing accredited certifying organizations approved  
          by the Board.


          According to the author, "[This bill] allows the [Board] to  
          approve any accredited certifying organization and thereby allow  
          that organization to administer a pharmacy technician  
          certification program as a pathway to licensure in California.   
          This will give pharmacy technicians more flexibility in terms of  
          testing locations.  In addition, because the [Exam for the  








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          Certification of Pharmacy Technicians (ExCPT)] is less  
          expensive, pharmacy technicians will have the benefits of  
          consumer choice.  Finally, the bill will eliminate a statutory  
          monopoly and allow a free market for any reputable certifying  
          organizations."


          Background.  Under current law, applicants for licensure as a  
          pharmacy technician must have a high-school diploma or general  
          educational development certificate and also meet one of four  
          requirements: 1) possess an associate's degree in pharmacy  
          technology; 2) have completed a course of training specified by  
          the Board; 3) have graduated from a school of pharmacy; or, 4)  
          be certified by the Pharmacy Technician Certification Board.   
          When the current licensing requirements were adopted, the  
          Pharmacy Technician Certification Board was the only national  
          certification program. Today, the National Healthcareer  
          Association also offers certification for pharmacy technicians.


          Office of Professional Examination Services (OPES).  Licensing  
          boards and bureaus in this state are required to ensure that  
          national examination programs selected for use in the licensure  
          process comply with psychometric and legal standards. The Board  
          requested that OPES review the PTCE and the ExCPT to determine  
          whether to include the ExCPT as a route to certification.  
          According to the OPES, the Texas Board of Pharmacy conducted a  
          similar review to assess the state's professional guidelines and  
          technical standards. This review included: 1) occupational  
          analyses; 2) examination development; 3) passing scores; 4) test  
          administration; 5) examination performance; and, 6) test  
          security procedures.


          When the OPES requested a copy of this review, the OPES  
          determined that both exams met the professional guidelines and  
          technical standards outlined in the Standards for Educational  
          and Psychological Testing and BPC Section 139. However, upon  
          further review of the examinations by a panel of subject matter  








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          experts (SMEs), i.e. pharmacists and pharmacy technicians,  
          questions were raised about using these examinations as a route  
          to certification in California. The range of skills used by  
          pharmacy technicians can vary greatly by location and practice  
          setting. Although the ExCPT covered a broader range of retail  
          and hospital setting responsibilities, PTCE covered more  
          in-patient skills. As a result, neither panel could recommend  
          either exam without condition.


          OPES recommended that the Board commission an OA so that either  
          or both examinations could be recommended. The Board has  
          indicated that it intends to do an OA to evaluate the ExCPT, but  
          argues that each OA is costly. The Board also argues that the  
          cost of an occupational analysis and updates to the Board's  
          regulations, as estimated by the Senate Committee on  
          Appropriations, would take several years to recoup. 


          Current Related Legislation.  SB 1193 (Hill) of the current  
          Legislative Session extends the sunset date for the Board and is  
          executive officer until 2021.  STATUS: This bill will be heard  
          in the Assembly Committee on Business and Professions on June  
          28, 2016.


          ARGUMENTS IN SUPPORT: 


          The  National Healthcareer Association  writes in support, "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?. In addition, because NHA contracts with a different  
          testing facility than PTCB, passage of [this bill] 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  








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          pharmacy technicians to obtain licensure in California, and will  
          give them a much needed choice in terms of vendors. Moreover,  
          [this bill] would open up competition to any other vendors that  
          meet with Board approval."


          The  National Association of Chain Drug Stores (NACDS)  and the  
           California Retailers Association (CRA)  write in support, "NACDS  
          and CRA members support efforts to allow alternative training  
          programs. [This bill] would allow for flexible and alternative  
          pathways to becoming a pharmacy technician. We encourage  
          legislators to expand the options for technicians to meet the  
          certification requirements by completing a program accredited by  
          the [NCCA]."


          The California Council for the Advancement of Pharmacy writes in  
          support, "?[the Board's] Licensing Committee acknowledged that  
          based upon an extensive review by the states [OPES] that the  
          PTCB exam, and the exam given by the National Healthcare  
          Association (ExCPT) are equivalent in testing of knowledge and  
          skill levels for pharmacy technicians. CCAP contends that  
          competition amongst the examination organizations will keep them  
          focused, innovative and foster the best all-around examination."


          The  California State Board of Pharmacy  writes in support, "?  
          [this bill] would specify that an individual may be certified by  
          a pharmacy technician certifying organization offering a  
          pharmacy technician certification program that is accredited by  
          the [NCCA] and that is approved by the Board."


          IMPLEMENTATION ISSUE(S):


          This bill strikes references to a single offering of an  
          examination and existing law requires an OA of every examination  
          required. As such, the Board already has authority to conduct  








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          the OA and any examination it offers. Therefore, as previously  
          stated in the Senate Committee on Business, Professions, and  
          Economic Development analysis, the Board should conduct an OA,  
          or work with potential examination vendors to conduct the OA,  
          before it accepts any new examinations as a path towards  
          certification. 


          REGISTERED SUPPORT:


          National Healthcareer Association (sponsor)
          National Association of Chain Drug Stores
          California Council for the Advancement of Pharmacy
          California Retailers Association
          California State Board of Pharmacy


          REGISTERED OPPOSITION:


          None on file.


          Analysis Prepared by:Gabby Nepomuceno / B. & P. / (916) 319-3301