AB 1286 (Haney) would authorize a Pharmacist-In-Charge (PIC) to close a pharmacy if they believe that the staffing at the pharmacy is ‘inadequate' or there are workplace hazards that may create an 'unsafe environment for pharmacy staff.'

In addition, the bill includes a codification of pharmacy technicians’ ability to administer vaccines and modifies the pharmacist to pharmacy technician ratio from 1:1 to 1:2 for purposes of vaccine administration. The bill is sponsored by UFCW and includes language approved by the Board of Pharmacy.

Please respond to me directly at RMichelin@calretailers.com with your feedback NO LATER THAN FRIDAY, MARCH 10, 2023.

We are working on a meeting with the author as well as Assemblymember Berman who chairs the Assembly Business and Professions committee where this bill will have its first hearing.

There are provisions in the bill that CRA will strongly oppose. These provisions are below. Please provide feedback and arguments in opposition to these provisions that we can use for advocacy purposes.

AB 1286 Pharmacist-In-Charge Provisions

(c) The pharmacist-in-charge shall be responsible for a pharmacy’s compliance with all state and federal laws and regulations pertaining to the practice of pharmacy. The pharmacist-in-charge may make staffing decisions to ensure sufficient personnel are present in the pharmacy to prevent fatigue, distraction, or other conditions that may interfere with a pharmacist’s ability to practice competently and safely. If the pharmacist-in-charge is not available, a pharmacist on duty may adjust staffing according to workload if needed.

(d) The pharmacist-in-charge may close a pharmacy if workplace hazards, such as unsanitary conditions, temperatures that deviate from appropriate drug storage conditions, or other conditions that, based on their professional judgment, may create an unsafe environment for personnel or pharmacy staff. If the pharmacist-in-charge is not available, the pharmacist on duty may close the pharmacy for the reasons described in this subdivision.

(e) The pharmacist on duty may close a community pharmacy if, in their opinion, the staffing at the pharmacy is inadequate to safely fill or dispense prescriptions or provide other patient care services in a safe manner without fear of retaliation.

(f) A community pharmacy shall be staffed at all times with at least one clerk or pharmacy technician fully dedicated to performing pharmacy-related services. Where staffing of pharmacist hours does not overlap sufficiently, scheduled closures for lunch time for all pharmacy staff shall be established and publicly posted and included on the outgoing telephone message.

Please do not hesitate to reach out should you have any questions or need additional information.