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