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AB-418 Pharmacy technicians: licensure requirements.(2009-2010)

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AB418:v98#DOCUMENT

Amended  IN  Assembly  April 13, 2009

CALIFORNIA LEGISLATURE— 2009–2010 REGULAR SESSION

Assembly Bill
No. 418

Introduced  by  Assembly Member Emmerson

February 23, 2009

An act to amend Section 4231 of, to amend, repeal, and add Section 4202 of, and to add Sections 4230, 4230.5, and 4410 to, the Business and Professions Code, relating to pharmacy.


LEGISLATIVE COUNSEL'S DIGEST


AB 418, as amended, Emmerson. Pharmacy technicians: licensure requirements.
Existing law, the Pharmacy Law, provides for the licensure and regulation of pharmacists and pharmacy technicians by the California State Board of Pharmacy. Existing law authorizes the board to issue a pharmacy technician license to an individual if that individual is a high school graduate or possesses a general educational development certificate equivalent and has either obtained a specified associate’s degree, completed a specified course of training, graduated from a specified school of pharmacy, or is certified by the Pharmacy Technician Certification Board. Existing law prohibits the board from renewing a pharmacist license, after the first renewal, unless the applicant submits satisfactory proof that he or she has successfully completed 30 hours of approved courses of continuing pharmacy education during the 2 years preceding the application for renewal.
This bill would instead, on and after January 1, 2011 2013, authorize the board to issue a pharmacy technician license to an individual if that individual who has graduated from a school of pharmacy recognized by the board, or to an individual who is a high school graduate or possesses a general educational development certificate equivalent, passes a pharmacy technician examination recognized by the National Organization for Competency Assurance and approved by the board, and has either obtained a specified an associate’s degree, in pharmacy technology or completed a course of training offered by a specified accredited program, or graduated from a specified school of pharmacy. The bill would also prohibit the board from renewing a pharmacist technician license, after the first renewal, unless the applicant submits satisfactory proof that he or she has successfully completed 20 hours of continuing pharmacy education courses. The bill would specify the form and subject matter content for these courses and it would provide that a pharmacy technician license that is not renewed within 3 years after expiration may not be renewed and shall be canceled at the end of the 3-year period by the board.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 This act shall be known, and may be cited, as the California Pharmacy Technician Patient Safety and Protection Act.

SEC. 2.

 Section 4202 of the Business and Professions Code is amended to read:

4202.
 (a) The board may 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:
(1) Has obtained an associate’s degree in pharmacy technology.
(2) Has completed a course of training specified by the board.
(3) Has graduated from a school of pharmacy recognized by the board.
(4) Is certified by the Pharmacy Technician Certification Board.
(b) The board shall adopt regulations pursuant to this section for the licensure of pharmacy technicians and for the specification of training courses as set out in paragraph (2) of subdivision (a). Proof of the qualifications of any applicant for licensure as a pharmacy technician shall be made to the satisfaction of the board and shall be substantiated by any evidence required by the board.
(c) The board shall conduct a criminal background check of the applicant to determine if an applicant has committed acts that would constitute grounds for denial of licensure, pursuant to this chapter or Chapter 2 (commencing with Section 480) of Division 1.5.
(d) The board may suspend or revoke a license issued pursuant to this section on any ground specified in Section 4301.
(e) Once licensed as a pharmacist, the pharmacy technician registration is no longer valid and the pharmacy technician license shall be returned to the board within 15 days.

(F)

(f) This section shall remain in effect only until January 1, 2011 2013, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2011 2013, deletes or extends that date.

SEC. 3.

 Section 4202 is added to the Business and Professions Code, to read:

4202.
 (a) The board may issue a pharmacy technician license to an individual if he or she who has graduated from a school of pharmacy recognized by the board; or to an individual who is a high school graduate or possesses a general educational development certificate equivalent, passes a pharmacy technician examination recognized by the National Organization for Competency Assurance and approved by the board, and meets any one either of the following requirements:
(1) Has obtained an associate’s degree in pharmacy technology.

(2)Has completed a course of training offered by a program accredited by an accreditation agency approved by the board.

(A)For the purposes of this section, “accreditation agency” means a public or private organization that issues certificates of accreditation to pharmacy technician training programs.

(B)The board shall adopt regulations that include criteria for approving an accreditation agency. These criteria may include the accreditation standards for pharmacy technician training programs issued by the American Society of Health-System Pharmacists.

(3)Has graduated from a school of pharmacy recognized by the board.

(2) Has completed a course of training specified by the board.
(b) The board shall adopt regulations pursuant to this section for the licensure of pharmacy technicians and for the specification of course of training as set forth in paragraph (2) of subdivision (a). Proof of the qualifications of any applicant for licensure as a pharmacy technician shall be made to the satisfaction of the board and shall be substantiated by any evidence required by the board.
(c) The board shall conduct a criminal background check of an applicant to determine if the applicant has committed acts that would constitute grounds for denial of licensure, pursuant to this chapter or Chapter 2 (commencing with Section 480) of Division 1.5.
(d) The board may suspend or revoke a license issued pursuant to this section on any ground of unprofessional conduct specified in Section 4301.
(e) Once a pharmacy technician is licensed as a pharmacist, the pharmacy technician registration is no longer valid and the pharmacy technician license shall be returned to the board within 15 days.
(f) A pharmacy technician examination described in subdivision (a) shall be subject to Section 139.
(g) This section shall become operative on January 1, 2011 2013.

SEC. 4.Section 4230 is added to the Business and Professions Code, to read:
4230.

(a)The board shall not renew a pharmacy technician license unless the applicant submits proof satisfactory to the board that he or she has successfully completed 20 hours of approved courses of continuing pharmacy technician education as described in Section 4230.5 during the two years preceding the application for renewal.

(b)Notwithstanding subdivision (a), the board shall not require completion of continuing education for the first renewal of a pharmacy technician license.

(c)If an applicant for renewal of a pharmacy technician license submits the renewal application and payment of the renewal fee but does not submit proof satisfactory to the board that the licensee has completed 20 hours of continuing pharmacy education, the board shall not renew the license and shall issue the applicant an inactive pharmacy technician license. A licensee with an inactive pharmacy technician license issued pursuant to this section may obtain an active pharmacy technician license by paying the renewal fees due and submitting satisfactory proof to the board that the licensee has completed 20 hours of continuing pharmacy education.

SEC. 5.Section 4230.5 is added to the Business and Professions Code, to read:
4230.5.

(a)The approved courses of continuing pharmacy technician education shall be in the form of studies, institutes, seminars, lectures, conferences, workshops, extension studies, correspondence courses, and other similar methods of conveying continuing professional pharmacy technician education.

(b)The subject matter of the courses may be pertinent to the socioeconomic and legal aspects of health care, the properties and actions of drugs and dosage forms, and the etiology, characteristics, and therapeutics of the disease state.

(c)The subject matter of the courses may also include, but shall not be limited to, the following: pharmacology, biochemistry, physiology, pharmaceutical chemistry, pharmacy administration, pharmacy jurisprudence, public health and communicable diseases, professional practice management, anatomy, and histology.

SEC. 6.Section 4231 of the Business and Professions Code is amended to read:
4231.

(a)The board shall not renew a pharmacist license unless the applicant submits proof satisfactory to the board that he or she has successfully completed 30 hours of approved courses of continuing pharmacy education as described in Section 4232 during the two years preceding the application for renewal.

(b)Notwithstanding subdivision (a), the board shall not require completion of continuing education for the first renewal of a pharmacist license.

(c)If an applicant for renewal of a pharmacist license submits the renewal application and payment of the renewal fee but does not submit proof satisfactory to the board that the licensee has completed 30 hours of continuing pharmacy education, the board shall not renew the license and shall issue the applicant an inactive pharmacist license. A licensee with an inactive pharmacist license issued pursuant to this section may obtain an active pharmacist license by paying the renewal fees due and submitting satisfactory proof to the board that the licensee has completed 30 hours of continuing pharmacy education.

SEC. 7.Section 4410 is added to the Business and Professions Code, to read:
4410.

Any pharmacy technician license that is not renewed within three years following its expiration may not be renewed and shall be canceled by operation of law at the end of the three-year period.