California 2017 2017-2018 Regular Session

California Senate Bill SB716 Amended / Bill

Filed 03/23/2017

                    Amended IN  Senate  March 23, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 716Introduced by Senator HernandezFebruary 17, 2017 An act to amend Section 1366.24 of the Health and Safety Code, and to amend Section 10128.54 of the Insurance Code, 4001 of the Business and Professions Code, relating to health care coverage. professions and vocations.LEGISLATIVE COUNSEL'S DIGESTSB 716, as amended, Hernandez. Cal-COBRA: disclosures. California State Board of Pharmacy: pharmacy technician member.The Pharmacy Law establishes the California State Board of Pharmacy within the Department of Consumer Affairs for the licensure and regulation of pharmacists and pharmacies. Under that law, the board is comprised of 13 members, including 7 competent pharmacists appointed by the Governor and 6 public members appointed as specified.This bill would increase the number of members of the board to 14 by adding one pharmacy technician appointed by the Governor. The bill would require this pharmacy technician board member to have at least 5 years of experience and to continue to work in California as a pharmacy technician. The bill would require the pharmacy technician board member to have specified work experience as a pharmacy technician and to have documented work experience in a variety of pharmacy procedures and practices, as specified.The Knox-Keene Health Care Service Plan Act of 1975 provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law also provides for regulation of health insurers by the Department of Insurance. The California Continuation Benefits Replacement Act (Cal-COBRA) requires health care service plans and health insurers providing coverage under a group benefit plan to employers of 2 to 19 eligible employees to offer a continuation of that coverage for a specified period of time to certain qualified beneficiaries, as specified.Existing law requires plans and insurers to make certain disclosures to covered employees of group benefit plans subject to Cal-COBRA, including that a qualified beneficiary who wishes to continue coverage under the group benefit plan is required to request the continuation in writing and deliver the written request by mail or personal delivery. Existing law requires the qualified beneficiarys first premium payment required to establish a premium payment to be delivered by mail or other reliable means of delivery, including personal delivery.This bill would also include electronic mail or electronic submission as permitted methods of delivery.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 4001 of the Business and Professions Code is amended to read:4001. (a) There is in the Department of Consumer Affairs a California State Board of Pharmacy in which the administration and enforcement of this chapter is vested. The board consists of 13 14 members.(b) The Governor shall appoint seven competent pharmacists who reside in different parts of the state to serve as members of the board. The Governor shall appoint one pharmacy technician as a member of the board. The Governor shall appoint four public members, and the Senate Committee on Rules and the Speaker of the Assembly shall each appoint a public member who shall not be a licensee of the board, any other board under this division, or any board referred to in Section 1000 or 3600.(c) (1) At least five of the seven pharmacist appointees to the board shall be pharmacists who are actively engaged in the practice of pharmacy. Additionally, the membership of the board shall include at least one pharmacist representative from each of the following practice settings: an acute care hospital, an independent community pharmacy, a chain community pharmacy, and a long-term health care or skilled nursing facility. The pharmacist appointees shall also include a pharmacist who is a member of a labor union that represents pharmacists. For the purposes of this subdivision, a chain community pharmacy means a chain of 75 or more stores in California under the same ownership, and an independent community pharmacy means a pharmacy owned by a person or entity who owns no more than four pharmacies in California.(2) (A) The pharmacy technician board member shall have at least five years of experience and shall continue to work in California as a pharmacy technician.(B) The pharmacy technician board member shall have work experience as a pharmacy technician in at least two of the following health care settings:(i) Acute care hospital.(ii) Outpatient care clinic.(iii) Long-term care facility.(iv) Primary care clinic.(C) The pharmacy technician board member shall have documented work experience in a variety of pharmacy procedures and practices, including, but not limited to, procedures and practices related to sterile compounding, medication reconciliation, medication history, and automated drug delivery devices.(d) Members of the board shall be appointed for a term of four years. No person shall serve as a member of the board for more than two consecutive terms. Each member shall hold office until the appointment and qualification of his or her successor or until one year shall have elapsed since the expiration of the term for which the member was appointed, whichever first occurs. Vacancies occurring shall be filled by appointment for the unexpired term.(e) Each member of the board shall receive a per diem and expenses as provided in Section 103.(f) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.

 Amended IN  Senate  March 23, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 716Introduced by Senator HernandezFebruary 17, 2017 An act to amend Section 1366.24 of the Health and Safety Code, and to amend Section 10128.54 of the Insurance Code, 4001 of the Business and Professions Code, relating to health care coverage. professions and vocations.LEGISLATIVE COUNSEL'S DIGESTSB 716, as amended, Hernandez. Cal-COBRA: disclosures. California State Board of Pharmacy: pharmacy technician member.The Pharmacy Law establishes the California State Board of Pharmacy within the Department of Consumer Affairs for the licensure and regulation of pharmacists and pharmacies. Under that law, the board is comprised of 13 members, including 7 competent pharmacists appointed by the Governor and 6 public members appointed as specified.This bill would increase the number of members of the board to 14 by adding one pharmacy technician appointed by the Governor. The bill would require this pharmacy technician board member to have at least 5 years of experience and to continue to work in California as a pharmacy technician. The bill would require the pharmacy technician board member to have specified work experience as a pharmacy technician and to have documented work experience in a variety of pharmacy procedures and practices, as specified.The Knox-Keene Health Care Service Plan Act of 1975 provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law also provides for regulation of health insurers by the Department of Insurance. The California Continuation Benefits Replacement Act (Cal-COBRA) requires health care service plans and health insurers providing coverage under a group benefit plan to employers of 2 to 19 eligible employees to offer a continuation of that coverage for a specified period of time to certain qualified beneficiaries, as specified.Existing law requires plans and insurers to make certain disclosures to covered employees of group benefit plans subject to Cal-COBRA, including that a qualified beneficiary who wishes to continue coverage under the group benefit plan is required to request the continuation in writing and deliver the written request by mail or personal delivery. Existing law requires the qualified beneficiarys first premium payment required to establish a premium payment to be delivered by mail or other reliable means of delivery, including personal delivery.This bill would also include electronic mail or electronic submission as permitted methods of delivery.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NO 

 Amended IN  Senate  March 23, 2017

Amended IN  Senate  March 23, 2017

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Senate Bill No. 716

Introduced by Senator HernandezFebruary 17, 2017

Introduced by Senator Hernandez
February 17, 2017

 An act to amend Section 1366.24 of the Health and Safety Code, and to amend Section 10128.54 of the Insurance Code, 4001 of the Business and Professions Code, relating to health care coverage. professions and vocations.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 716, as amended, Hernandez. Cal-COBRA: disclosures. California State Board of Pharmacy: pharmacy technician member.

The Pharmacy Law establishes the California State Board of Pharmacy within the Department of Consumer Affairs for the licensure and regulation of pharmacists and pharmacies. Under that law, the board is comprised of 13 members, including 7 competent pharmacists appointed by the Governor and 6 public members appointed as specified.This bill would increase the number of members of the board to 14 by adding one pharmacy technician appointed by the Governor. The bill would require this pharmacy technician board member to have at least 5 years of experience and to continue to work in California as a pharmacy technician. The bill would require the pharmacy technician board member to have specified work experience as a pharmacy technician and to have documented work experience in a variety of pharmacy procedures and practices, as specified.The Knox-Keene Health Care Service Plan Act of 1975 provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law also provides for regulation of health insurers by the Department of Insurance. The California Continuation Benefits Replacement Act (Cal-COBRA) requires health care service plans and health insurers providing coverage under a group benefit plan to employers of 2 to 19 eligible employees to offer a continuation of that coverage for a specified period of time to certain qualified beneficiaries, as specified.Existing law requires plans and insurers to make certain disclosures to covered employees of group benefit plans subject to Cal-COBRA, including that a qualified beneficiary who wishes to continue coverage under the group benefit plan is required to request the continuation in writing and deliver the written request by mail or personal delivery. Existing law requires the qualified beneficiarys first premium payment required to establish a premium payment to be delivered by mail or other reliable means of delivery, including personal delivery.This bill would also include electronic mail or electronic submission as permitted methods of delivery.

The Pharmacy Law establishes the California State Board of Pharmacy within the Department of Consumer Affairs for the licensure and regulation of pharmacists and pharmacies. Under that law, the board is comprised of 13 members, including 7 competent pharmacists appointed by the Governor and 6 public members appointed as specified.

This bill would increase the number of members of the board to 14 by adding one pharmacy technician appointed by the Governor. The bill would require this pharmacy technician board member to have at least 5 years of experience and to continue to work in California as a pharmacy technician. The bill would require the pharmacy technician board member to have specified work experience as a pharmacy technician and to have documented work experience in a variety of pharmacy procedures and practices, as specified.

The Knox-Keene Health Care Service Plan Act of 1975 provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law also provides for regulation of health insurers by the Department of Insurance. The California Continuation Benefits Replacement Act (Cal-COBRA) requires health care service plans and health insurers providing coverage under a group benefit plan to employers of 2 to 19 eligible employees to offer a continuation of that coverage for a specified period of time to certain qualified beneficiaries, as specified.



Existing law requires plans and insurers to make certain disclosures to covered employees of group benefit plans subject to Cal-COBRA, including that a qualified beneficiary who wishes to continue coverage under the group benefit plan is required to request the continuation in writing and deliver the written request by mail or personal delivery. Existing law requires the qualified beneficiarys first premium payment required to establish a premium payment to be delivered by mail or other reliable means of delivery, including personal delivery.



This bill would also include electronic mail or electronic submission as permitted methods of delivery.



## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 4001 of the Business and Professions Code is amended to read:4001. (a) There is in the Department of Consumer Affairs a California State Board of Pharmacy in which the administration and enforcement of this chapter is vested. The board consists of 13 14 members.(b) The Governor shall appoint seven competent pharmacists who reside in different parts of the state to serve as members of the board. The Governor shall appoint one pharmacy technician as a member of the board. The Governor shall appoint four public members, and the Senate Committee on Rules and the Speaker of the Assembly shall each appoint a public member who shall not be a licensee of the board, any other board under this division, or any board referred to in Section 1000 or 3600.(c) (1) At least five of the seven pharmacist appointees to the board shall be pharmacists who are actively engaged in the practice of pharmacy. Additionally, the membership of the board shall include at least one pharmacist representative from each of the following practice settings: an acute care hospital, an independent community pharmacy, a chain community pharmacy, and a long-term health care or skilled nursing facility. The pharmacist appointees shall also include a pharmacist who is a member of a labor union that represents pharmacists. For the purposes of this subdivision, a chain community pharmacy means a chain of 75 or more stores in California under the same ownership, and an independent community pharmacy means a pharmacy owned by a person or entity who owns no more than four pharmacies in California.(2) (A) The pharmacy technician board member shall have at least five years of experience and shall continue to work in California as a pharmacy technician.(B) The pharmacy technician board member shall have work experience as a pharmacy technician in at least two of the following health care settings:(i) Acute care hospital.(ii) Outpatient care clinic.(iii) Long-term care facility.(iv) Primary care clinic.(C) The pharmacy technician board member shall have documented work experience in a variety of pharmacy procedures and practices, including, but not limited to, procedures and practices related to sterile compounding, medication reconciliation, medication history, and automated drug delivery devices.(d) Members of the board shall be appointed for a term of four years. No person shall serve as a member of the board for more than two consecutive terms. Each member shall hold office until the appointment and qualification of his or her successor or until one year shall have elapsed since the expiration of the term for which the member was appointed, whichever first occurs. Vacancies occurring shall be filled by appointment for the unexpired term.(e) Each member of the board shall receive a per diem and expenses as provided in Section 103.(f) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.

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

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

SECTION 1. Section 4001 of the Business and Professions Code is amended to read:4001. (a) There is in the Department of Consumer Affairs a California State Board of Pharmacy in which the administration and enforcement of this chapter is vested. The board consists of 13 14 members.(b) The Governor shall appoint seven competent pharmacists who reside in different parts of the state to serve as members of the board. The Governor shall appoint one pharmacy technician as a member of the board. The Governor shall appoint four public members, and the Senate Committee on Rules and the Speaker of the Assembly shall each appoint a public member who shall not be a licensee of the board, any other board under this division, or any board referred to in Section 1000 or 3600.(c) (1) At least five of the seven pharmacist appointees to the board shall be pharmacists who are actively engaged in the practice of pharmacy. Additionally, the membership of the board shall include at least one pharmacist representative from each of the following practice settings: an acute care hospital, an independent community pharmacy, a chain community pharmacy, and a long-term health care or skilled nursing facility. The pharmacist appointees shall also include a pharmacist who is a member of a labor union that represents pharmacists. For the purposes of this subdivision, a chain community pharmacy means a chain of 75 or more stores in California under the same ownership, and an independent community pharmacy means a pharmacy owned by a person or entity who owns no more than four pharmacies in California.(2) (A) The pharmacy technician board member shall have at least five years of experience and shall continue to work in California as a pharmacy technician.(B) The pharmacy technician board member shall have work experience as a pharmacy technician in at least two of the following health care settings:(i) Acute care hospital.(ii) Outpatient care clinic.(iii) Long-term care facility.(iv) Primary care clinic.(C) The pharmacy technician board member shall have documented work experience in a variety of pharmacy procedures and practices, including, but not limited to, procedures and practices related to sterile compounding, medication reconciliation, medication history, and automated drug delivery devices.(d) Members of the board shall be appointed for a term of four years. No person shall serve as a member of the board for more than two consecutive terms. Each member shall hold office until the appointment and qualification of his or her successor or until one year shall have elapsed since the expiration of the term for which the member was appointed, whichever first occurs. Vacancies occurring shall be filled by appointment for the unexpired term.(e) Each member of the board shall receive a per diem and expenses as provided in Section 103.(f) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.

SECTION 1. Section 4001 of the Business and Professions Code is amended to read:

### SECTION 1.

4001. (a) There is in the Department of Consumer Affairs a California State Board of Pharmacy in which the administration and enforcement of this chapter is vested. The board consists of 13 14 members.(b) The Governor shall appoint seven competent pharmacists who reside in different parts of the state to serve as members of the board. The Governor shall appoint one pharmacy technician as a member of the board. The Governor shall appoint four public members, and the Senate Committee on Rules and the Speaker of the Assembly shall each appoint a public member who shall not be a licensee of the board, any other board under this division, or any board referred to in Section 1000 or 3600.(c) (1) At least five of the seven pharmacist appointees to the board shall be pharmacists who are actively engaged in the practice of pharmacy. Additionally, the membership of the board shall include at least one pharmacist representative from each of the following practice settings: an acute care hospital, an independent community pharmacy, a chain community pharmacy, and a long-term health care or skilled nursing facility. The pharmacist appointees shall also include a pharmacist who is a member of a labor union that represents pharmacists. For the purposes of this subdivision, a chain community pharmacy means a chain of 75 or more stores in California under the same ownership, and an independent community pharmacy means a pharmacy owned by a person or entity who owns no more than four pharmacies in California.(2) (A) The pharmacy technician board member shall have at least five years of experience and shall continue to work in California as a pharmacy technician.(B) The pharmacy technician board member shall have work experience as a pharmacy technician in at least two of the following health care settings:(i) Acute care hospital.(ii) Outpatient care clinic.(iii) Long-term care facility.(iv) Primary care clinic.(C) The pharmacy technician board member shall have documented work experience in a variety of pharmacy procedures and practices, including, but not limited to, procedures and practices related to sterile compounding, medication reconciliation, medication history, and automated drug delivery devices.(d) Members of the board shall be appointed for a term of four years. No person shall serve as a member of the board for more than two consecutive terms. Each member shall hold office until the appointment and qualification of his or her successor or until one year shall have elapsed since the expiration of the term for which the member was appointed, whichever first occurs. Vacancies occurring shall be filled by appointment for the unexpired term.(e) Each member of the board shall receive a per diem and expenses as provided in Section 103.(f) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.

4001. (a) There is in the Department of Consumer Affairs a California State Board of Pharmacy in which the administration and enforcement of this chapter is vested. The board consists of 13 14 members.(b) The Governor shall appoint seven competent pharmacists who reside in different parts of the state to serve as members of the board. The Governor shall appoint one pharmacy technician as a member of the board. The Governor shall appoint four public members, and the Senate Committee on Rules and the Speaker of the Assembly shall each appoint a public member who shall not be a licensee of the board, any other board under this division, or any board referred to in Section 1000 or 3600.(c) (1) At least five of the seven pharmacist appointees to the board shall be pharmacists who are actively engaged in the practice of pharmacy. Additionally, the membership of the board shall include at least one pharmacist representative from each of the following practice settings: an acute care hospital, an independent community pharmacy, a chain community pharmacy, and a long-term health care or skilled nursing facility. The pharmacist appointees shall also include a pharmacist who is a member of a labor union that represents pharmacists. For the purposes of this subdivision, a chain community pharmacy means a chain of 75 or more stores in California under the same ownership, and an independent community pharmacy means a pharmacy owned by a person or entity who owns no more than four pharmacies in California.(2) (A) The pharmacy technician board member shall have at least five years of experience and shall continue to work in California as a pharmacy technician.(B) The pharmacy technician board member shall have work experience as a pharmacy technician in at least two of the following health care settings:(i) Acute care hospital.(ii) Outpatient care clinic.(iii) Long-term care facility.(iv) Primary care clinic.(C) The pharmacy technician board member shall have documented work experience in a variety of pharmacy procedures and practices, including, but not limited to, procedures and practices related to sterile compounding, medication reconciliation, medication history, and automated drug delivery devices.(d) Members of the board shall be appointed for a term of four years. No person shall serve as a member of the board for more than two consecutive terms. Each member shall hold office until the appointment and qualification of his or her successor or until one year shall have elapsed since the expiration of the term for which the member was appointed, whichever first occurs. Vacancies occurring shall be filled by appointment for the unexpired term.(e) Each member of the board shall receive a per diem and expenses as provided in Section 103.(f) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.

4001. (a) There is in the Department of Consumer Affairs a California State Board of Pharmacy in which the administration and enforcement of this chapter is vested. The board consists of 13 14 members.(b) The Governor shall appoint seven competent pharmacists who reside in different parts of the state to serve as members of the board. The Governor shall appoint one pharmacy technician as a member of the board. The Governor shall appoint four public members, and the Senate Committee on Rules and the Speaker of the Assembly shall each appoint a public member who shall not be a licensee of the board, any other board under this division, or any board referred to in Section 1000 or 3600.(c) (1) At least five of the seven pharmacist appointees to the board shall be pharmacists who are actively engaged in the practice of pharmacy. Additionally, the membership of the board shall include at least one pharmacist representative from each of the following practice settings: an acute care hospital, an independent community pharmacy, a chain community pharmacy, and a long-term health care or skilled nursing facility. The pharmacist appointees shall also include a pharmacist who is a member of a labor union that represents pharmacists. For the purposes of this subdivision, a chain community pharmacy means a chain of 75 or more stores in California under the same ownership, and an independent community pharmacy means a pharmacy owned by a person or entity who owns no more than four pharmacies in California.(2) (A) The pharmacy technician board member shall have at least five years of experience and shall continue to work in California as a pharmacy technician.(B) The pharmacy technician board member shall have work experience as a pharmacy technician in at least two of the following health care settings:(i) Acute care hospital.(ii) Outpatient care clinic.(iii) Long-term care facility.(iv) Primary care clinic.(C) The pharmacy technician board member shall have documented work experience in a variety of pharmacy procedures and practices, including, but not limited to, procedures and practices related to sterile compounding, medication reconciliation, medication history, and automated drug delivery devices.(d) Members of the board shall be appointed for a term of four years. No person shall serve as a member of the board for more than two consecutive terms. Each member shall hold office until the appointment and qualification of his or her successor or until one year shall have elapsed since the expiration of the term for which the member was appointed, whichever first occurs. Vacancies occurring shall be filled by appointment for the unexpired term.(e) Each member of the board shall receive a per diem and expenses as provided in Section 103.(f) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.



4001. (a) There is in the Department of Consumer Affairs a California State Board of Pharmacy in which the administration and enforcement of this chapter is vested. The board consists of 13 14 members.

(b) The Governor shall appoint seven competent pharmacists who reside in different parts of the state to serve as members of the board. The Governor shall appoint one pharmacy technician as a member of the board. The Governor shall appoint four public members, and the Senate Committee on Rules and the Speaker of the Assembly shall each appoint a public member who shall not be a licensee of the board, any other board under this division, or any board referred to in Section 1000 or 3600.

(c) (1) At least five of the seven pharmacist appointees to the board shall be pharmacists who are actively engaged in the practice of pharmacy. Additionally, the membership of the board shall include at least one pharmacist representative from each of the following practice settings: an acute care hospital, an independent community pharmacy, a chain community pharmacy, and a long-term health care or skilled nursing facility. The pharmacist appointees shall also include a pharmacist who is a member of a labor union that represents pharmacists. For the purposes of this subdivision, a chain community pharmacy means a chain of 75 or more stores in California under the same ownership, and an independent community pharmacy means a pharmacy owned by a person or entity who owns no more than four pharmacies in California.

(2) (A) The pharmacy technician board member shall have at least five years of experience and shall continue to work in California as a pharmacy technician.

(B) The pharmacy technician board member shall have work experience as a pharmacy technician in at least two of the following health care settings:

(i) Acute care hospital.

(ii) Outpatient care clinic.

(iii) Long-term care facility.

(iv) Primary care clinic.

(C) The pharmacy technician board member shall have documented work experience in a variety of pharmacy procedures and practices, including, but not limited to, procedures and practices related to sterile compounding, medication reconciliation, medication history, and automated drug delivery devices.

(d) Members of the board shall be appointed for a term of four years. No person shall serve as a member of the board for more than two consecutive terms. Each member shall hold office until the appointment and qualification of his or her successor or until one year shall have elapsed since the expiration of the term for which the member was appointed, whichever first occurs. Vacancies occurring shall be filled by appointment for the unexpired term.

(e) Each member of the board shall receive a per diem and expenses as provided in Section 103.

(f) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.