Assembly Bill No. 2194
CHAPTER 958

An act to amend, repeal, and add Sections 4202 and 4231 of the Business and Professions Code, relating to healing arts.

[ Approved by Governor  September 30, 2022. Filed with Secretary of State  September 30, 2022. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2194, Ward. Pharmacists and pharmacy technicians: continuing education: cultural competency.
The Pharmacy Law establishes the California State Board of Pharmacy in the Department of Consumer Affairs for the licensing and regulation of pharmacists, pharmacy technicians, and pharmacies. That law prohibits the board from renewing a pharmacist license after the first renewal unless the applicant submits proof satisfactory to the board that the applicant has successfully completed 30 hours of approved courses of continuing pharmacy education.
This bill would require that those 30 hours of approved courses of continuing pharmacy education include at least one hour of participation in a cultural competency course, as defined. The bill would also prohibit the board from renewing a pharmacy technician license unless the applicant submits proof satisfactory to the board that the applicant has successfully completed at least one hour of participation in a cultural competency course during the two years preceding the application for renewal. The bill would make the bill’s provisions operative on January 1, 2024.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 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 the applicant 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 a pharmacy technician certifying organization offering a pharmacy technician certification program accredited by the National Commission for Certifying Agencies that is approved by the 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 an individual 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) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 2.

 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 the applicant 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 a pharmacy technician certifying organization offering a pharmacy technician certification program accredited by the National Commission for Certifying Agencies that is approved by the 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 shall not renew a pharmacy technician license unless the applicant submits proof satisfactory to the board that the applicant has successfully completed at least one hour of participation in a cultural competency course, as defined in Section 4231, during the two years preceding the application for renewal.
(e) The board may suspend or revoke a license issued pursuant to this section on any ground specified in Section 4301.
(f) Once an individual 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.
(g) This section shall become operative on January 1, 2024.

SEC. 3.

 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 the applicant has successfully completed 30 hours of approved courses of continuing pharmacy education 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.
(d) If, as part of an investigation or audit conducted by the board, a pharmacist fails to provide documentation substantiating the completion of continuing education as required in subdivision (a), the board shall cancel the active pharmacist license and issue an inactive pharmacist license in its place. 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.
(e) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 4.

 Section 4231 is added to the Business and Professions Code, to read:

4231.
 (a) For purposes of this section, “cultural competency course” means a cultural competency and humility course that meets the following criteria:
(1) The course focuses on patients who identify as lesbian, gay, bisexual, transgender, gender nonconforming, or queer, or who question their sexual orientation or gender identity and expression.
(2) The course is approved from an accreditation agency approved by the board.
(3) The course covers recognized health disparities faced by Black, Indigenous, and people of color.
(4) The course contains elements demonstrating how sexual identity is directly impacted through intersectionality.
(b) The board shall not renew a pharmacist license unless the applicant submits proof satisfactory to the board that the applicant has successfully completed 30 hours of approved courses of continuing pharmacy education, including at least one hour of participation in a cultural competency course, during the two years preceding the application for renewal.
(c) Notwithstanding subdivision (b), the board shall not require completion of continuing education for the first renewal of a pharmacist license.
(d) 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.
(e) If, as part of an investigation or audit conducted by the board, a pharmacist fails to provide documentation substantiating the completion of continuing education as required in subdivision (b), the board shall cancel the active pharmacist license and issue an inactive pharmacist license in its place. 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.
(f) This section shall become operative on January 1, 2024.