CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 690Introduced by Assembly Member Aguiar-CurryFebruary 15, 2019 An act to amend Section 4132 of the Business and Professions Code, relating to pharmacy. LEGISLATIVE COUNSEL'S DIGESTAB 690, as introduced, Aguiar-Curry. Remote dispensing site pharmacy: pharmacy technician: qualifications.The Pharmacy Law requires the California State Board of Pharmacy within the Department of Consumer Affairs to license and regulate the practice of pharmacy, including pharmacists, pharmacy technicians, and pharmacies. The Pharmacy Law requires the board to issue a remote dispensing site pharmacy license to a supervising pharmacy, as defined, of a remote dispensing site pharmacy, as defined, if certain requirements are met. The Pharmacy Law authorizes a registered pharmacy technician who meets certain requirements, including meeting qualifications established in regulations adopted by the board, to work at a remote dispensing site pharmacy and perform specific tasks under the supervision of a pharmacist at a supervising pharmacy using a telepharmacy system.This bill would establish qualifications for a registered pharmacy technician to work at a remote dispensing site pharmacy, relating to licensing, certification, education, and minimum work experience.The Pharmacy Law makes a knowing violation of any of its provisions punishable as a crime.By expanding the scope of an existing crime, this bill would result in a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 4132 of the Business and Professions Code is amended to read:4132. (a) In addition to the requirements of Section 4202, a pharmacy technician working at a remote dispensing site pharmacy shall meet the qualifications promulgated by the board. The regulations developed by the board shall only apply to pharmacy technicians satisfy each of the following requirements before working at a remote dispensing sites. site pharmacy:(1) Possess a pharmacy technician license that is in good standing.(2) Possess and maintain a certification issued by a board-approved pharmacy technician certification program.(3) Possess one of the following:(A) A minimum of an associate degree in pharmacy technology.(B) A minimum of a bachelors degree in any subject.(C) A certificate of completion from a course of training specified by regulations adopted by the board pursuant to Section 4202.(4) Complete a minimum of 1,000 hours of experience working as a pharmacy technician within the three years preceding first commencing work in the remote dispensing site pharmacy.(b) Notwithstanding Section 4115, a registered pharmacy technician may perform order entry, packaging, manipulative, repetitive, and other nondiscretionary tasks at a remote dispensing site pharmacy under the supervision of a pharmacist at a supervising pharmacy using a telepharmacy system.(c) A pharmacy technician at a remote dispensing site pharmacy shall not do any of the following:(1) Receive a new prescription order orally from a prescriber or other person authorized to prescribe by law.(2) Consult with a patient or his or her agent regarding a prescription, either prior to before or after dispensing, or regarding any medical information contained in a patient medication record system or patient chart.(3) Identify, evaluate, or interpret a prescription.(4) Interpret the clinical data in a patient medication record system or patient chart.(5) Consult with any prescriber, nurse, or other health care professional or authorized agent thereof.(6) Supervise the packaging of drugs and check the packaging procedure and product upon completion.(7) Perform any function that requires the professional judgment of a licensed pharmacist.(8) Compound drug preparations.(d) Notwithstanding Section 4115, a pharmacist at a supervising pharmacy may supervise up to two pharmacy technicians at each remote dispensing site pharmacy. This subdivision shall not be construed to alter a pharmacists ability to also supervise pharmacy technicians at the supervising pharmacy.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 690Introduced by Assembly Member Aguiar-CurryFebruary 15, 2019 An act to amend Section 4132 of the Business and Professions Code, relating to pharmacy. LEGISLATIVE COUNSEL'S DIGESTAB 690, as introduced, Aguiar-Curry. Remote dispensing site pharmacy: pharmacy technician: qualifications.The Pharmacy Law requires the California State Board of Pharmacy within the Department of Consumer Affairs to license and regulate the practice of pharmacy, including pharmacists, pharmacy technicians, and pharmacies. The Pharmacy Law requires the board to issue a remote dispensing site pharmacy license to a supervising pharmacy, as defined, of a remote dispensing site pharmacy, as defined, if certain requirements are met. The Pharmacy Law authorizes a registered pharmacy technician who meets certain requirements, including meeting qualifications established in regulations adopted by the board, to work at a remote dispensing site pharmacy and perform specific tasks under the supervision of a pharmacist at a supervising pharmacy using a telepharmacy system.This bill would establish qualifications for a registered pharmacy technician to work at a remote dispensing site pharmacy, relating to licensing, certification, education, and minimum work experience.The Pharmacy Law makes a knowing violation of any of its provisions punishable as a crime.By expanding the scope of an existing crime, this bill would result in a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill No. 690
Introduced by Assembly Member Aguiar-CurryFebruary 15, 2019
Introduced by Assembly Member Aguiar-Curry
February 15, 2019
An act to amend Section 4132 of the Business and Professions Code, relating to pharmacy.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 690, as introduced, Aguiar-Curry. Remote dispensing site pharmacy: pharmacy technician: qualifications.
The Pharmacy Law requires the California State Board of Pharmacy within the Department of Consumer Affairs to license and regulate the practice of pharmacy, including pharmacists, pharmacy technicians, and pharmacies. The Pharmacy Law requires the board to issue a remote dispensing site pharmacy license to a supervising pharmacy, as defined, of a remote dispensing site pharmacy, as defined, if certain requirements are met. The Pharmacy Law authorizes a registered pharmacy technician who meets certain requirements, including meeting qualifications established in regulations adopted by the board, to work at a remote dispensing site pharmacy and perform specific tasks under the supervision of a pharmacist at a supervising pharmacy using a telepharmacy system.This bill would establish qualifications for a registered pharmacy technician to work at a remote dispensing site pharmacy, relating to licensing, certification, education, and minimum work experience.The Pharmacy Law makes a knowing violation of any of its provisions punishable as a crime.By expanding the scope of an existing crime, this bill would result in a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
The Pharmacy Law requires the California State Board of Pharmacy within the Department of Consumer Affairs to license and regulate the practice of pharmacy, including pharmacists, pharmacy technicians, and pharmacies. The Pharmacy Law requires the board to issue a remote dispensing site pharmacy license to a supervising pharmacy, as defined, of a remote dispensing site pharmacy, as defined, if certain requirements are met. The Pharmacy Law authorizes a registered pharmacy technician who meets certain requirements, including meeting qualifications established in regulations adopted by the board, to work at a remote dispensing site pharmacy and perform specific tasks under the supervision of a pharmacist at a supervising pharmacy using a telepharmacy system.
This bill would establish qualifications for a registered pharmacy technician to work at a remote dispensing site pharmacy, relating to licensing, certification, education, and minimum work experience.
The Pharmacy Law makes a knowing violation of any of its provisions punishable as a crime.
By expanding the scope of an existing crime, this bill would result in a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 4132 of the Business and Professions Code is amended to read:4132. (a) In addition to the requirements of Section 4202, a pharmacy technician working at a remote dispensing site pharmacy shall meet the qualifications promulgated by the board. The regulations developed by the board shall only apply to pharmacy technicians satisfy each of the following requirements before working at a remote dispensing sites. site pharmacy:(1) Possess a pharmacy technician license that is in good standing.(2) Possess and maintain a certification issued by a board-approved pharmacy technician certification program.(3) Possess one of the following:(A) A minimum of an associate degree in pharmacy technology.(B) A minimum of a bachelors degree in any subject.(C) A certificate of completion from a course of training specified by regulations adopted by the board pursuant to Section 4202.(4) Complete a minimum of 1,000 hours of experience working as a pharmacy technician within the three years preceding first commencing work in the remote dispensing site pharmacy.(b) Notwithstanding Section 4115, a registered pharmacy technician may perform order entry, packaging, manipulative, repetitive, and other nondiscretionary tasks at a remote dispensing site pharmacy under the supervision of a pharmacist at a supervising pharmacy using a telepharmacy system.(c) A pharmacy technician at a remote dispensing site pharmacy shall not do any of the following:(1) Receive a new prescription order orally from a prescriber or other person authorized to prescribe by law.(2) Consult with a patient or his or her agent regarding a prescription, either prior to before or after dispensing, or regarding any medical information contained in a patient medication record system or patient chart.(3) Identify, evaluate, or interpret a prescription.(4) Interpret the clinical data in a patient medication record system or patient chart.(5) Consult with any prescriber, nurse, or other health care professional or authorized agent thereof.(6) Supervise the packaging of drugs and check the packaging procedure and product upon completion.(7) Perform any function that requires the professional judgment of a licensed pharmacist.(8) Compound drug preparations.(d) Notwithstanding Section 4115, a pharmacist at a supervising pharmacy may supervise up to two pharmacy technicians at each remote dispensing site pharmacy. This subdivision shall not be construed to alter a pharmacists ability to also supervise pharmacy technicians at the supervising pharmacy.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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 4132 of the Business and Professions Code is amended to read:4132. (a) In addition to the requirements of Section 4202, a pharmacy technician working at a remote dispensing site pharmacy shall meet the qualifications promulgated by the board. The regulations developed by the board shall only apply to pharmacy technicians satisfy each of the following requirements before working at a remote dispensing sites. site pharmacy:(1) Possess a pharmacy technician license that is in good standing.(2) Possess and maintain a certification issued by a board-approved pharmacy technician certification program.(3) Possess one of the following:(A) A minimum of an associate degree in pharmacy technology.(B) A minimum of a bachelors degree in any subject.(C) A certificate of completion from a course of training specified by regulations adopted by the board pursuant to Section 4202.(4) Complete a minimum of 1,000 hours of experience working as a pharmacy technician within the three years preceding first commencing work in the remote dispensing site pharmacy.(b) Notwithstanding Section 4115, a registered pharmacy technician may perform order entry, packaging, manipulative, repetitive, and other nondiscretionary tasks at a remote dispensing site pharmacy under the supervision of a pharmacist at a supervising pharmacy using a telepharmacy system.(c) A pharmacy technician at a remote dispensing site pharmacy shall not do any of the following:(1) Receive a new prescription order orally from a prescriber or other person authorized to prescribe by law.(2) Consult with a patient or his or her agent regarding a prescription, either prior to before or after dispensing, or regarding any medical information contained in a patient medication record system or patient chart.(3) Identify, evaluate, or interpret a prescription.(4) Interpret the clinical data in a patient medication record system or patient chart.(5) Consult with any prescriber, nurse, or other health care professional or authorized agent thereof.(6) Supervise the packaging of drugs and check the packaging procedure and product upon completion.(7) Perform any function that requires the professional judgment of a licensed pharmacist.(8) Compound drug preparations.(d) Notwithstanding Section 4115, a pharmacist at a supervising pharmacy may supervise up to two pharmacy technicians at each remote dispensing site pharmacy. This subdivision shall not be construed to alter a pharmacists ability to also supervise pharmacy technicians at the supervising pharmacy.
SECTION 1. Section 4132 of the Business and Professions Code is amended to read:
### SECTION 1.
4132. (a) In addition to the requirements of Section 4202, a pharmacy technician working at a remote dispensing site pharmacy shall meet the qualifications promulgated by the board. The regulations developed by the board shall only apply to pharmacy technicians satisfy each of the following requirements before working at a remote dispensing sites. site pharmacy:(1) Possess a pharmacy technician license that is in good standing.(2) Possess and maintain a certification issued by a board-approved pharmacy technician certification program.(3) Possess one of the following:(A) A minimum of an associate degree in pharmacy technology.(B) A minimum of a bachelors degree in any subject.(C) A certificate of completion from a course of training specified by regulations adopted by the board pursuant to Section 4202.(4) Complete a minimum of 1,000 hours of experience working as a pharmacy technician within the three years preceding first commencing work in the remote dispensing site pharmacy.(b) Notwithstanding Section 4115, a registered pharmacy technician may perform order entry, packaging, manipulative, repetitive, and other nondiscretionary tasks at a remote dispensing site pharmacy under the supervision of a pharmacist at a supervising pharmacy using a telepharmacy system.(c) A pharmacy technician at a remote dispensing site pharmacy shall not do any of the following:(1) Receive a new prescription order orally from a prescriber or other person authorized to prescribe by law.(2) Consult with a patient or his or her agent regarding a prescription, either prior to before or after dispensing, or regarding any medical information contained in a patient medication record system or patient chart.(3) Identify, evaluate, or interpret a prescription.(4) Interpret the clinical data in a patient medication record system or patient chart.(5) Consult with any prescriber, nurse, or other health care professional or authorized agent thereof.(6) Supervise the packaging of drugs and check the packaging procedure and product upon completion.(7) Perform any function that requires the professional judgment of a licensed pharmacist.(8) Compound drug preparations.(d) Notwithstanding Section 4115, a pharmacist at a supervising pharmacy may supervise up to two pharmacy technicians at each remote dispensing site pharmacy. This subdivision shall not be construed to alter a pharmacists ability to also supervise pharmacy technicians at the supervising pharmacy.
4132. (a) In addition to the requirements of Section 4202, a pharmacy technician working at a remote dispensing site pharmacy shall meet the qualifications promulgated by the board. The regulations developed by the board shall only apply to pharmacy technicians satisfy each of the following requirements before working at a remote dispensing sites. site pharmacy:(1) Possess a pharmacy technician license that is in good standing.(2) Possess and maintain a certification issued by a board-approved pharmacy technician certification program.(3) Possess one of the following:(A) A minimum of an associate degree in pharmacy technology.(B) A minimum of a bachelors degree in any subject.(C) A certificate of completion from a course of training specified by regulations adopted by the board pursuant to Section 4202.(4) Complete a minimum of 1,000 hours of experience working as a pharmacy technician within the three years preceding first commencing work in the remote dispensing site pharmacy.(b) Notwithstanding Section 4115, a registered pharmacy technician may perform order entry, packaging, manipulative, repetitive, and other nondiscretionary tasks at a remote dispensing site pharmacy under the supervision of a pharmacist at a supervising pharmacy using a telepharmacy system.(c) A pharmacy technician at a remote dispensing site pharmacy shall not do any of the following:(1) Receive a new prescription order orally from a prescriber or other person authorized to prescribe by law.(2) Consult with a patient or his or her agent regarding a prescription, either prior to before or after dispensing, or regarding any medical information contained in a patient medication record system or patient chart.(3) Identify, evaluate, or interpret a prescription.(4) Interpret the clinical data in a patient medication record system or patient chart.(5) Consult with any prescriber, nurse, or other health care professional or authorized agent thereof.(6) Supervise the packaging of drugs and check the packaging procedure and product upon completion.(7) Perform any function that requires the professional judgment of a licensed pharmacist.(8) Compound drug preparations.(d) Notwithstanding Section 4115, a pharmacist at a supervising pharmacy may supervise up to two pharmacy technicians at each remote dispensing site pharmacy. This subdivision shall not be construed to alter a pharmacists ability to also supervise pharmacy technicians at the supervising pharmacy.
4132. (a) In addition to the requirements of Section 4202, a pharmacy technician working at a remote dispensing site pharmacy shall meet the qualifications promulgated by the board. The regulations developed by the board shall only apply to pharmacy technicians satisfy each of the following requirements before working at a remote dispensing sites. site pharmacy:(1) Possess a pharmacy technician license that is in good standing.(2) Possess and maintain a certification issued by a board-approved pharmacy technician certification program.(3) Possess one of the following:(A) A minimum of an associate degree in pharmacy technology.(B) A minimum of a bachelors degree in any subject.(C) A certificate of completion from a course of training specified by regulations adopted by the board pursuant to Section 4202.(4) Complete a minimum of 1,000 hours of experience working as a pharmacy technician within the three years preceding first commencing work in the remote dispensing site pharmacy.(b) Notwithstanding Section 4115, a registered pharmacy technician may perform order entry, packaging, manipulative, repetitive, and other nondiscretionary tasks at a remote dispensing site pharmacy under the supervision of a pharmacist at a supervising pharmacy using a telepharmacy system.(c) A pharmacy technician at a remote dispensing site pharmacy shall not do any of the following:(1) Receive a new prescription order orally from a prescriber or other person authorized to prescribe by law.(2) Consult with a patient or his or her agent regarding a prescription, either prior to before or after dispensing, or regarding any medical information contained in a patient medication record system or patient chart.(3) Identify, evaluate, or interpret a prescription.(4) Interpret the clinical data in a patient medication record system or patient chart.(5) Consult with any prescriber, nurse, or other health care professional or authorized agent thereof.(6) Supervise the packaging of drugs and check the packaging procedure and product upon completion.(7) Perform any function that requires the professional judgment of a licensed pharmacist.(8) Compound drug preparations.(d) Notwithstanding Section 4115, a pharmacist at a supervising pharmacy may supervise up to two pharmacy technicians at each remote dispensing site pharmacy. This subdivision shall not be construed to alter a pharmacists ability to also supervise pharmacy technicians at the supervising pharmacy.
4132. (a) In addition to the requirements of Section 4202, a pharmacy technician working at a remote dispensing site pharmacy shall meet the qualifications promulgated by the board. The regulations developed by the board shall only apply to pharmacy technicians satisfy each of the following requirements before working at a remote dispensing sites. site pharmacy:
(1) Possess a pharmacy technician license that is in good standing.
(2) Possess and maintain a certification issued by a board-approved pharmacy technician certification program.
(3) Possess one of the following:
(A) A minimum of an associate degree in pharmacy technology.
(B) A minimum of a bachelors degree in any subject.
(C) A certificate of completion from a course of training specified by regulations adopted by the board pursuant to Section 4202.
(4) Complete a minimum of 1,000 hours of experience working as a pharmacy technician within the three years preceding first commencing work in the remote dispensing site pharmacy.
(b) Notwithstanding Section 4115, a registered pharmacy technician may perform order entry, packaging, manipulative, repetitive, and other nondiscretionary tasks at a remote dispensing site pharmacy under the supervision of a pharmacist at a supervising pharmacy using a telepharmacy system.
(c) A pharmacy technician at a remote dispensing site pharmacy shall not do any of the following:
(1) Receive a new prescription order orally from a prescriber or other person authorized to prescribe by law.
(2) Consult with a patient or his or her agent regarding a prescription, either prior to before or after dispensing, or regarding any medical information contained in a patient medication record system or patient chart.
(3) Identify, evaluate, or interpret a prescription.
(4) Interpret the clinical data in a patient medication record system or patient chart.
(5) Consult with any prescriber, nurse, or other health care professional or authorized agent thereof.
(6) Supervise the packaging of drugs and check the packaging procedure and product upon completion.
(7) Perform any function that requires the professional judgment of a licensed pharmacist.
(8) Compound drug preparations.
(d) Notwithstanding Section 4115, a pharmacist at a supervising pharmacy may supervise up to two pharmacy technicians at each remote dispensing site pharmacy. This subdivision shall not be construed to alter a pharmacists ability to also supervise pharmacy technicians at the supervising pharmacy.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
### SEC. 2.