CHAPTER 9. Pharmacy [4000. - 4427.8.]
Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3.
§§ 4000–4427.8 · 373 sections
ARTICLE 1. Administration §§ 4000–4014 · 17 sections
- § 4000 This chapter constitutes, and may be cited as, the Pharmacy Law.
- § 4001 (a) There is in the Department of Consumer Affairs the California State Board of Pharmacy in which the administration and enforcement of this chapter is…
- § 4001.1 Protection of the public shall be the highest priority for the California State Board of Pharmacy in exercising its licensing, regulatory, and disciplinary…
- § 4001.5 (a) The board shall establish and appoint a Pharmacy Technician Advisory Committee to advise and make recommendations to the board on matters relating to…
- § 4002 (a) The board shall elect a president, a vice president, and a treasurer. The officers of the board shall be elected by a majority of the membership of the…
- § 4003 (a) The board, with the approval of the director, may appoint a person exempt from civil service who shall be designated as an executive officer and who shall…
- § 4004 No member of the board shall teach pharmacy in any of its branches, unless he or she teaches as either one of the following: (a) A teacher in a public capacity…
- § 4005 (a) The board may adopt rules and regulations, not inconsistent with the laws of this state, as may be necessary for the protection of the public. Included…
- § 4006 The board may adopt regulations consistent with this chapter and Section 111485 of the Health and Safety Code or regulations adopted thereunder, limiting or…
- § 4007 (a) Nothing in Section 4005 shall be construed as authorizing the board to adopt rules of professional conduct relating to price fixing or advertising of…
- § 4008 (a) Except as provided by Section 159.5, the board may employ legal counsel and inspectors of pharmacy. The inspectors, whether the inspectors are employed by…
- § 4009 The board may not adopt or amend any rule or regulation that thereby would conflict with Section 1186 of the Labor Code.
- § 4010 All authorized officers of the law, while investigating violations of this chapter in performance of their official duties, and any person working under their…
- § 4011 The board shall administer and enforce this chapter and the Uniform Controlled Substances Act (Division 10 (commencing with Section 11000) of the Health and…
- § 4012 The board shall upon request furnish any person with a copy of the laws or regulations relating to dangerous drugs, the furnishing or possession of which is…
- § 4013 (a) Any facility licensed by the board shall join the board’s email notification list within 60 days of obtaining a license or at the time of license renewal.…
- § 4014 (a) The board shall have exclusive authority to interpret and enforce the provisions of this chapter regarding the practice of pharmacy and the licensing of…
ARTICLE 2. Definitions §§ 4015–4046 · 49 sections
- § 4015 For purposes of this chapter, the definitions of the terms in this article shall govern the construction of this chapter, unless otherwise indicated.
- § 4016 “Administer” means the direct application of a drug or device to the body of a patient or research subject by injection, inhalation, ingestion, or other means.
- § 4016.5 “Advanced pharmacist practitioner” means a licensed pharmacist who has been recognized as an advanced pharmacist practitioner by the board, pursuant to Section…
- § 4017 “Authorized officers of the law” means inspectors of the California State Board of Pharmacy, inspectors of the Food and Drug Branch of the State Department of…
- § 4017.3 (a) An “automated drug delivery system” (ADDS) means a mechanical system that performs operations or activities, other than compounding or administration,…
- § 4018 “Board” means the California State Board of Pharmacy.
- § 4019 An “order,” entered on the chart or medical record of a patient registered in a hospital or a patient under emergency treatment in the hospital, by or on the…
- § 4021 “Controlled substance” means any substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code.
- § 4021.5 (a) “Correctional pharmacy” means a pharmacy, licensed by the board, for the purpose of providing drugs and pharmaceutical care to inmates of the Department of…
- § 4022 “Dangerous drug” or “dangerous device” means any drug or device unsafe for self-use in humans or animals, and includes the following: (a) Any drug that bears…
- § 4022.5 (a) “Designated representative” means an individual to whom a license has been granted pursuant to Section 4053. A pharmacist fulfilling the duties of Section…
- § 4022.6 “Designated representative-reverse distributor” means an individual to whom a license has been granted pursuant to Section 4053.2, who is responsible for…
- § 4022.7 (a) “Designated representative-3PL” means an individual to whom a license has been granted pursuant to Section 4053.1. A pharmacist fulfilling the duties of…
- § 4023 “Device” means any instrument, apparatus, machine, implant, in vitro reagent, or contrivance, including its components, parts, products, or the byproducts of a…
- § 4023.5 For the purposes of this chapter, “direct supervision and control” means that a pharmacist is on the premises at all times and is fully aware of all activities…
- § 4024 (a) Except as provided in subdivision (b), “dispense” means the furnishing of drugs or devices upon a prescription from a physician, nurse practitioner…
- § 4025 “Drug” means any of the following: (a) Articles recognized in the official United States Pharmacopoeia, official National Formulary or official Homeopathic…
- § 4025.1 “Nonprescription drug” means a drug which may be sold without a prescription and which is labeled for use by the consumer in accordance with the requirements…
- § 4025.2 “Nonprescription diabetes test device” means a glucose meter or test strip for use in the treatment of prediabetic or diabetic individuals that may be sold…
- § 4026 “Furnish” means to supply by any means, by sale or otherwise.
- § 4026.5 “Good standing” means a license issued by the board that is unrestricted by disciplinary action taken pursuant to Chapter 5 (commencing with Section 11500) of…
- § 4027 (a) As used in this chapter, the terms “skilled nursing facility,” “intermediate care facility,” and other references to health facilities shall be construed…
- § 4028 “Licensed hospital” means an institution, place, building, or agency that maintains and operates organized facilities for one or more persons for the…
- § 4029 (a) “Hospital pharmacy” means and includes a pharmacy, licensed by the board, located within any licensed hospital, institution, or establishment that…
- § 4030 “Intern pharmacist” means a person issued a license pursuant to Section 4208.
- § 4031 “Laboratory” means a research, teaching, or testing laboratory not engaged in the dispensing or furnishing of drugs or devices but using dangerous drugs or…
- § 4032 “License” means and includes any license, permit, registration, certificate, or exemption issued by the board and includes the process of applying for and…
- § 4033 (a) (1) “Manufacturer” means and includes every person who prepares, derives, produces, compounds, or repackages any drug or device except a pharmacy that…
- § 4034 “Outsourcing facility” means a facility that meets all of the following: (a) Is located within the United States of America at one address that is engaged in…
- § 4034.5 An “emergency medical services automated drug delivery system” or “EMSADDS” means an automated drug delivery system that stores and distributes drugs for the…
- § 4035 “Person” includes, but is not limited to, firm, association, partnership, corporation, limited liability company, state governmental agency, trust, or…
- § 4036 “Pharmacist” means a natural person to whom a license has been issued by the board, under Section 4200, except as specifically provided otherwise in this…
- § 4036.5 “Pharmacist-in-charge” means a pharmacist proposed by a pharmacy and approved by the board as the supervisor or manager responsible for ensuring the pharmacy’s…
- § 4037 (a) “Pharmacy” means an area, place, or premises licensed by the board in which the profession of pharmacist is practiced and where prescriptions are…
- § 4038 (a) “Pharmacy technician” means an individual who assists a pharmacist in a pharmacy in the performance of their pharmacy related duties, as specified in…
- § 4039 “Physicians,” “dentists,” “optometrists,” “pharmacists,” “doctors of podiatric medicine,” “veterinarians,” “veterinary surgeons,” “registered nurses,”…
- § 4040 (a) “Prescription” means an oral, written, or electronic transmission order that is both of the following: (1) Given individually for the person or persons for…
- § 4040.5 “Reverse distributor” means every person who acts as an agent for pharmacies, drug wholesalers, third-party logistics providers, manufacturers, and other…
- § 4040.6 “Self-assessment process” means the process of self-evaluation of a facility’s compliance with state and federal laws as a means to promote compliance through…
- § 4041 “Veterinary food-animal drug retailer” is an area, place, or premises, other than a pharmacy, that holds a valid license from the Board of Pharmacy of the…
- § 4042 “Veterinary food-animal drugs” as used in this chapter shall include the following: (a) Any drug to be used in food-producing animals bearing the legend,…
- § 4043 “Wholesaler” means and includes a person who acts as a wholesale merchant, broker, jobber, customs broker, reverse distributor, agent, or a nonresident…
- § 4044 “Repackager” means a person or entity that is registered with the federal Food and Drug Administration as a repackager and operates an establishment that…
- § 4044.3 (a) “Remote dispensing site pharmacy” means a licensed pharmacy located in this state that is exclusively overseen and operated by a supervising pharmacy and…
- § 4044.5 “Reverse third-party logistics provider” means an entity that processes or manages the disposition of an outdated or nonsaleable dangerous drug or dangerous…
- § 4044.6 (a) “Supervising pharmacy” means a licensed pharmacy located in this state that is owned and operated by a person or persons where the majority of the…
- § 4044.7 “Telepharmacy” means a system that is used by a supervising pharmacy for the purpose of monitoring the dispensing of prescription drugs by a remote dispensing…
- § 4045 “Third-party logistics provider” means an entity that provides or coordinates warehousing or other logistics services for a dangerous drug or dangerous device…
- § 4046 “Surplus medication collection and distribution intermediary” means a firm, association, partnership, corporation, limited liability company, state…
ARTICLE 3. Scope of Practice and Exemptions §§ 4050–4069 · 32 sections
- § 4050 (a) For the purposes of this section, “state agency” includes every state office, officer, department, division, bureau, board, authority, and commission. (b)…
- § 4051 (a) For the purposes of this section, “accepted standard of care” means the degree of care a prudent and reasonable pharmacist licensed pursuant to this…
- § 4052 (a) Notwithstanding any other law, a pharmacist may do all of the following: (1) Furnish a reasonable quantity of compounded drug product to a prescriber for…
- § 4052.04 (a) In addition to the authority provided in Section 4052, a pharmacist may furnish COVID-19 oral therapeutics following a positive test for SARS-CoV-2, the…
- § 4052.05 A pharmacist may independently initiate and administer an immunization that, on January 1, 2025, had in effect a recommendation from the Advisory Committee on…
- § 4052.1 (a) Notwithstanding any other provision of law, a pharmacist may perform the following procedures or functions in a licensed health care facility in accordance…
- § 4052.2 (a) Notwithstanding any other law, a pharmacist may perform the following procedures or functions as part of the care provided by a health care facility, a…
- § 4052.4 (a) Notwithstanding Section 2038 or any other provision of law, a pharmacist may perform skin puncture in the course of performing routine patient assessment…
- § 4052.5 (a) In addition to the authority allowed under Section 4073, a pharmacist filling a prescription order for a drug product may select a different form of…
- § 4052.6 (a) A pharmacist recognized by the board as an advanced pharmacist practitioner may do all of the following: (1) Perform patient assessments. (2) Order and…
- § 4052.10 (a) A pharmacist may dispense a Schedule II controlled substance, as listed in Section 11055 of the Health and Safety Code, as a partial fill if requested by…
- § 4053 (a) Notwithstanding Section 4051, the board may issue a license as a designated representative to provide sufficient and qualified supervision in a wholesaler…
- § 4053.1 (a) Notwithstanding Section 4051, the board may issue a license to a qualified individual as a designated representative-3PL to provide sufficient and…
- § 4053.2 (a) Notwithstanding Sections 4051 and 4053, the board may issue a designated representative-reverse distributor license to a qualified individual who shall…
- § 4054 Section 4051 shall not apply to a manufacturer or wholesaler that provides dialysis drugs and devices directly to patients.
- § 4055 Nothing in this chapter, nor any other law, shall prohibit the sale of devices to clinics that have been issued a clinic license pursuant to Article 13…
- § 4056 (a) Notwithstanding any provision of this chapter, a licensed hospital that contains 100 beds or fewer, and that does not employ a full-time pharmacist, may…
- § 4057 (a) Except as provided in Section 4006, subdivision (d) of Section 4081, Section 4240, subdivisions (t) and (u) of Section 4301, and Section 4342, this chapter…
- § 4058 Every person holding a license issued under this chapter to operate a premises shall display the original license and current renewal license upon the licensed…
- § 4059 (a) A person may not furnish any dangerous drug, except upon the prescription of a physician, dentist, podiatrist, optometrist, veterinarian, or naturopathic…
- § 4059.5 (a) Except as otherwise provided in this chapter, dangerous drugs or dangerous devices may only be ordered by an entity licensed by the board and shall be…
- § 4060 A person shall not possess any controlled substance, except that furnished to a person upon the prescription of a physician, dentist, podiatrist, optometrist,…
- § 4061 (a) No manufacturer’s sales representative shall distribute any dangerous drug or dangerous device as a complimentary sample without the written request of a…
- § 4062 (a) Notwithstanding Section 4059 or any other law, a pharmacist or a clinic licensed and acting under Section 4180 may, in good faith, furnish a dangerous drug…
- § 4063 No prescription for any dangerous drug or dangerous device may be refilled except upon authorization of the prescriber. The authorization may be given orally…
- § 4064 (a) A prescription for a dangerous drug or dangerous device may be refilled without the prescriber’s authorization if the prescriber is unavailable to…
- § 4064.5 (a) A pharmacist may dispense not more than a 90-day supply of a dangerous drug other than a controlled substance pursuant to a valid prescription that…
- § 4065 (a) “Injection card system,” as used in this section, means a system that enables a facility to authorize an outpatient to receive injections of controlled…
- § 4066 (a) Notwithstanding Section 4059, a wholesaler or pharmacy may furnish dangerous drugs to the master or first officer of an ocean vessel, pursuant to a written…
- § 4067 (a) No person or entity shall dispense or furnish, or cause to be dispensed or furnished, dangerous drugs or dangerous devices, as defined in Section 4022, on…
- § 4068 (a) Notwithstanding any provision of this chapter, except as provided in subdivision (b), a prescriber may dispense a dangerous drug, including a controlled…
- § 4069 A pharmacist who dispenses or furnishes a dangerous drug, as defined in Section 4022, pursuant to a veterinary prescription shall include, as part of the…
ARTICLE 4. Requirements for Prescriptions §§ 4070–4079 · 16 sections
- § 4070 (a) Except as provided in Section 4019 and subdivision (b), an oral or an electronic data transmission prescription as defined in subdivision (c) of Section…
- § 4071 Notwithstanding any other provision of law, a prescriber may authorize his or her agent on his or her behalf to orally or electronically transmit a…
- § 4071.1 (a) A prescriber, a prescriber’s authorized agent, or a pharmacist may electronically enter a prescription or an order, as defined in Section 4019, into a…
- § 4072 (a) Notwithstanding any other provision of law, a pharmacist, registered nurse, licensed vocational nurse, licensed psychiatric technician, or other healing…
- § 4073 (a) A pharmacist filling a prescription order for a drug product prescribed by its trade or brand name may select another drug product with the same active…
- § 4073.5 (a) A pharmacist filling a prescription order for a prescribed biological product may select an alternative biological product only if all of the following:…
- § 4074 (a) A pharmacist shall inform a patient orally or in writing of the harmful effects of a drug dispensed by prescription if both of the following apply: (1) The…
- § 4075 No prescription for a controlled substance transmitted by means of an oral or electronically transmitted order shall be furnished to any person unknown and…
- § 4076 (a) A pharmacist shall not dispense a prescription except in a container that meets the requirements of state and federal law and is correctly labeled with all…
- § 4076.5 (a) The board shall promulgate regulations that require, on or before January 1, 2011, a standardized, patient-centered, prescription drug label on all…
- § 4076.6 (a) Upon the request of a patient or patient’s representative, a dispenser shall provide translated directions for use, which shall be printed on the…
- § 4076.7 In addition to the requirements of Sections 4076 and 4076.5, whenever a prescription drug containing an opioid is dispensed to a patient for outpatient use,…
- § 4076.8 (a) If a person informs a pharmacy that the person identifies as a person who is blind, has low-vision, or is otherwise print disabled, the dispenser shall…
- § 4077 (a) Except as provided in subdivisions (b) and (c), no person shall dispense any dangerous drug upon prescription except in a container correctly labeled with…
- § 4078 (a) (1) No person shall place a false or misleading label on a prescription. (2) No prescriber shall direct that a prescription be labeled with any information…
- § 4079 (a) A pharmacy shall inform a customer at the point of sale for a covered prescription drug whether the retail price is lower than the applicable cost-sharing…
ARTICLE 5. Authority of Inspectors §§ 4080–4086 · 8 sections
- § 4080 All stock of any dangerous drug or dangerous device or of shipments through a customs broker or carrier shall be, at all times during business hours, open to…
- § 4081 (a) All records of manufacture and of sale, acquisition, receipt, shipment, or disposition of dangerous drugs or dangerous devices shall be at all times during…
- § 4082 When called upon by an inspector, the owner or manager of any entity licensed by the board, or other store, shop, building, or premises retailing, wholesaling,…
- § 4083 (a) An inspector may issue an order of correction to a licensee directing the licensee to comply with this chapter or regulations adopted pursuant to this…
- § 4084 (a) When a board inspector finds, or has probable cause to believe, that any dangerous drug or dangerous device is adulterated, misbranded, or counterfeit, the…
- § 4084.1 The board may embargo any nonprescription diabetes test device that a board inspector finds or has probable cause to believe was not purchased either directly…
- § 4085 (a) It is unlawful for any person to remove, sell, or dispose of an embargoed dangerous drug or dangerous device without permission of the board. (b) When a…
- § 4086 (a) If a dangerous drug or dangerous device is alleged to be adulterated or counterfeit, the board shall commence proceedings in the superior court in whose…
ARTICLE 6. General Requirements §§ 4100–4107.5 · 9 sections
- § 4100 Within 30 days after changing his or her address of record with the board or after changing his or her name according to law, a pharmacist, intern pharmacist,…
- § 4101 (a) A pharmacist may take charge of and act as the pharmacist-in-charge of a pharmacy upon application by the pharmacy and approval by the board. A…
- § 4102 (a) (1) As provided in this section, all facilities licensed by the board shall complete the self-assessment process by July 1 of every odd-numbered year,…
- § 4103 Notwithstanding Section 2038, or any other provision of law, a pharmacist may take a person’s blood pressure and may inform the person of the results, render…
- § 4104 (a) Every pharmacy shall have in place procedures for taking action to protect the public when a licensed individual employed by or with the pharmacy is…
- § 4105 (a) All records or other documentation required to be maintained pursuant to this chapter by any entity licensed by the board shall be retained on the licensed…
- § 4106 For purposes of license verification, a person may rely upon the licensing information as it is displayed on the board’s Internet Web site that includes the…
- § 4107 (a) The board shall not issue more than one site license to a single premises except as follows: (1) To issue a veterinary food-animal drug retailer license to…
- § 4107.5 If a manufacturer, wholesaler, third-party logistics provider, or pharmacy has reasonable cause to believe that a dangerous drug or dangerous device in, or…
ARTICLE 7. Pharmacies §§ 4110–4126.10 · 39 sections
- § 4110 (a) No person shall conduct a pharmacy in the State of California unless they have obtained a license from the board. A license shall be required for each…
- § 4110.5 Notwithstanding any other provision of this article, a county, city and county, or special hospital authority described in Chapter 5 (commencing with Section…
- § 4111 (a) Except as otherwise provided in paragraph (2), or in subdivision (b), (d), or (e), the board shall not issue or renew a license to conduct a pharmacy to…
- § 4112 (a) Any pharmacy located outside this state that is involved in the preparation, dispensing, shipping, mailing, or delivery, in any manner, of controlled…
- § 4113 (a) (1) Every pharmacy shall designate a pharmacist-in-charge. (2) A pharmacy licensed pursuant to Section 4110 shall, within 30 days of the designation in…
- § 4113.1 (a) Except as specified in subdivision (e), a community pharmacy licensed pursuant to this article shall report, either directly or through a designated third…
- § 4113.5 (a) A community pharmacy shall not require a pharmacist employee to engage in the practice of pharmacy at any time the pharmacy is open to the public, unless…
- § 4113.6 (a) A chain community pharmacy subject to Section 4113.5 shall be staffed at all times with at least one clerk or pharmacy technician fully dedicated to…
- § 4113.7 (a) A chain community pharmacy, as defined in subdivision (c) of Section 4001, shall not establish a quota related to the duties for which a pharmacist or…
- § 4114 (a) An intern pharmacist may perform all functions of a pharmacist at the discretion of and under the direct supervision and control of a pharmacist whose…
- § 4115 (a) A pharmacy technician may perform packaging, manipulative, repetitive, or other nondiscretionary tasks only while assisting, and while under the direct…
- § 4115.5 (a) Notwithstanding any other law, a pharmacy technician trainee may be placed in a pharmacy to complete an externship for the purpose of obtaining practical…
- § 4116 (a) No person other than a pharmacist, an intern pharmacist, an authorized officer of the law, or a person authorized to prescribe shall be permitted in that…
- § 4117 No person other than a pharmacist, an intern pharmacist, a pharmacy technician, an authorized officer of the law, a person authorized to prescribe, a…
- § 4118 (a) When, in the opinion of the board, a high standard of patient safety, consistent with good patient care, can be provided by the licensure of a pharmacy…
- § 4118.5 (a) A pharmacist at a hospital pharmacy shall obtain an accurate medication profile or list for each high-risk patient upon admission and discharge of the…
- § 4119 (a) Notwithstanding any other law, a pharmacy may furnish a dangerous drug or dangerous device to a licensed health care facility for storage in a secured…
- § 4119.01 (a) Notwithstanding any other law, a pharmacy, or a licensed wholesaler that is also an emergency medical services provider agency, may restock dangerous drugs…
- § 4119.10 A pharmacy located in the state may use pharmacists to perform FDA-approved or -authorized tests that are classified as waived pursuant to the federal Clinical…
- § 4119.11 (a) A pharmacy located in the state may provide pharmacy services to the patients of a “covered entity,” as defined in Section 256b of Title 42 of the United…
- § 4119.2 (a) Notwithstanding any other law, a pharmacy may furnish epinephrine delivery systems to a local educational agency pursuant to Section 49414 of the Education…
- § 4119.3 (a) A pharmacy may, at a patient’s request, repackage a drug previously dispensed to the patient or to the patient’s agent pursuant to a prescription. (b) Any…
- § 4119.4 (a) Notwithstanding any other law, a pharmacy may furnish epinephrine auto-injectors to an authorized entity, for the purpose of rendering emergency care in…
- § 4119.5 (a) A pharmacy can transfer a reasonable supply of dangerous drugs to another pharmacy. (b) A pharmacy may repackage and furnish to a prescriber a reasonable…
- § 4119.6 An intern pharmacist under the direct supervision and control, as defined in Section 4023.5, of a pharmacist may stock, replenish, and inspect the emergency…
- § 4119.7 (a) Notwithstanding any other law, a hospital pharmacy serving a health care facility licensed under subdivision (a) of Section 1250 of the Health and Safety…
- § 4119.8 (a) Notwithstanding any other law, a pharmacy may furnish naloxone hydrochloride or another opioid antagonist to a school district, county office of education,…
- § 4119.9 Notwithstanding any other law, a pharmacy, wholesaler, or manufacturer may furnish naloxone hydrochloride or other opioid antagonists to a law enforcement…
- § 4120 (a) A nonresident pharmacy shall not sell or distribute dangerous drugs or dangerous devices in this state through any person or media, other than a wholesaler…
- § 4121 (a) Notwithstanding Section 651, an advertisement of the retail price for a drug that requires a prescription shall be limited to quantities of the drug that…
- § 4122 (a) In every pharmacy there shall be prominently posted in a place conspicuous to, and readable by, prescription drug consumers a notice provided by the board…
- § 4123 Any pharmacy that contracts to compound a drug for parenteral therapy, pursuant to a prescription, for delivery to another pharmacy shall report that…
- § 4124 (a) Notwithstanding Section 2543, a pharmacist may dispense replacement contact lenses pursuant to a valid prescription of a physician or optometrist. Nothing…
- § 4125 (a) Every pharmacy shall establish a quality assurance program that shall, at a minimum, document medication errors attributable, in whole or in part, to the…
- § 4126 (a) Notwithstanding any other provision of law, a covered entity may contract with a pharmacy to provide pharmacy services to patients of the covered entity,…
- § 4126.5 (a) A pharmacy may furnish dangerous drugs only to the following: (1) A wholesaler owned or under common control by the wholesaler from whom the dangerous drug…
- § 4126.8 The compounding of drug preparations by a pharmacy for furnishing, distribution, or use in this state shall be consistent with standards established in the…
- § 4126.9 (a) A pharmacy that issues a recall notice regarding a nonsterile compounded drug product shall, in addition to any other duties, contact the recipient…
- § 4126.10 (a) A pharmacy located in California may distribute compounded human drug preparations interstate only if all of the following conditions are met: (1) Between…
ARTICLE 7.5. Sterile Drug Products §§ 4127–4127.8 · 9 sections
- § 4127 (a) A pharmacy that compounds sterile drug products shall possess a sterile compounding pharmacy license as provided in this article. (b) The board shall adopt…
- § 4127.1 (a) A pharmacy shall not compound sterile drug products unless the pharmacy has obtained a sterile compounding pharmacy license from the board pursuant to this…
- § 4127.15 Subject to the requirements of this section, the board may issue a license to a hospital satellite compounding pharmacy. The license fee and annual renewal fee…
- § 4127.2 (a) A nonresident pharmacy shall not compound sterile drug products for shipment into this state without a sterile compounding pharmacy license issued by the…
- § 4127.3 (a) Whenever the board has a reasonable belief, based on information obtained during an inspection or investigation by the board, that a pharmacy compounding…
- § 4127.4 Notwithstanding any other provision of law, a violation of this article, or regulations adopted pursuant thereto, may subject the person or entity that…
- § 4127.6 This article shall become operative upon the allocation of positions to the board for the implementation of the provisions of this article in the annual Budget…
- § 4127.7 The board may, at its discretion, issue a temporary license to compound sterile drug products upon the conditions and for any periods of time as the board…
- § 4127.8 (a) A pharmacy licensed pursuant to Section 4127.1 or 4127.2 that issues a recall notice regarding a sterile compounded drug shall, in addition to any other…
ARTICLE 7.6. Centralized Hospital Packaging Pharmacies §§ 4128–4128.7 · 7 sections
- § 4128 (a) Notwithstanding Section 4029, a centralized hospital packaging pharmacy may prepare medications, by performing the following specialized functions, for…
- § 4128.2 (a) In addition to the pharmacy license requirement described in Section 4110, a centralized hospital packaging pharmacy shall obtain a specialty license from…
- § 4128.3 A centralized hospital packaging pharmacy may prepare and store a limited quantity of the unit dose drugs authorized by Section 4128 in advance of receipt of a…
- § 4128.4 (a) Any unit dose medication produced by a centralized hospital packaging pharmacy shall be barcoded to be machine readable at the inpatient’s bedside using…
- § 4128.5 (a) Any label for each unit dose medication produced by a centralized hospital packaging pharmacy shall display a human-readable label that contains all of the…
- § 4128.6 All compounding and packaging functions specified in Section 4128 shall be performed only in the licensed centralized hospital packaging pharmacy and that…
- § 4128.7 A centralized hospital packaging pharmacy and the pharmacists working in the pharmacy shall be responsible for the integrity, potency, quality, and labeled…
ARTICLE 7.7. Outsourcing Facilities §§ 4129–4129.9 · 8 sections
- § 4129 (a) A facility registered as an outsourcing facility with the federal Food and Drug Administration (FDA) shall be concurrently licensed with the board as an…
- § 4129.1 (a) An outsourcing facility that is licensed with the federal Food and Drug Administration (FDA) and with an address in this state shall also be licensed by…
- § 4129.2 (a) An outsourcing facility that is licensed with the federal Food and Drug Administration (FDA) as an outsourcing facility and has an address outside of this…
- § 4129.3 (a) On or before January 1, 2018, the board shall provide a report to the Legislature regarding the regulation of nonresident outsourcing facilities. The…
- § 4129.4 (a) Whenever the board has a reasonable belief, based on information obtained during an inspection or investigation by the board, that an outsourcing facility…
- § 4129.5 Notwithstanding any other law, a violation of this article, or regulation adopted pursuant thereto, may subject the person or entity that committed the…
- § 4129.8 The board, at its discretion, may issue a temporary license to an outsourcing facility upon the conditions and for any periods of time as the board determines…
- § 4129.9 (a) An outsourcing facility licensed pursuant to Section 4129.1 or 4129.2 that issues a recall notice for a sterile drug or nonsterile drug compounded by the…
ARTICLE 8. Telepharmacy Systems and Remote Dispensing Site Pharmacies §§ 4130–4135 · 6 sections
- § 4130 (a) A telepharmacy system shall be used for the dispensing of prescription drugs and providing related drug regimen review and patient counseling services at a…
- § 4131 (a) A supervising pharmacy shall provide telepharmacy services for only one remote dispensing site pharmacy. (b) A supervising pharmacy shall not be located…
- § 4132 (a) In addition to the requirements of Section 4202, a pharmacy technician shall satisfy each of the following requirements before working at a remote…
- § 4133 (a) A telepharmacy system shall maintain a video and audio communication system that provides for effective communication between the supervising pharmacy and…
- § 4134 (a) A pharmacist from the supervising pharmacy shall complete a monthly in-person, self-inspection of each remote dispensing site pharmacy using a form…
- § 4135 (a) While closed, a remote dispensing site pharmacy shall utilize an alarm or other comparable monitoring system to protect its equipment, records, and supply…
ARTICLE 9. Hypodermic Needles and Syringes §§ 4141–4149 · 8 sections
- § 4141 No person shall furnish hypodermic needles or syringes, by sale or otherwise, without a license issued by the board, except as otherwise provided by this…
- § 4143 This article shall not apply to the sale of hypodermic syringes and needles at wholesale by pharmacies, drug wholesalers, drug manufacturers or manufacturers…
- § 4144.5 A person may sell or obtain hypodermic needles and hypodermic syringes without a prescription or permit, for uses that the board determines are industrial, and…
- § 4145.5 (a) Notwithstanding any other provision of law, a pharmacist or physician may, without a prescription or a permit, furnish hypodermic needles and syringes for…
- § 4146 A pharmacy may accept the return of needles and syringes from the public if contained in a sharps container, as defined in Section 117750 of the Health and…
- § 4147 (a) For the purposes of this section, “playground” means any park or outdoor recreational area specifically designed to be used by children that has play…
- § 4148.5 All stocks of hypodermic needles or syringes shall be confiscated if found outside the licensed premises of any person holding a permit under Section 4141 and…
- § 4149 (a) A nonresident distributor shall not sell or distribute hypodermic needles or syringes in this state without obtaining a license from the board pursuant to…
ARTICLE 10. Pharmacy Corporations §§ 4150–4156 · 7 sections
- § 4150 (a) A pharmacy corporation means a corporation that is authorized to render professional services, as defined in Section 13401 of the Corporations Code, so…
- § 4151 Each shareholder, director, and officer of a pharmacy corporation, except an assistant secretary and an assistant treasurer, shall be a licensed person as…
- § 4152 The name of a pharmacy corporation and any name or names under which it may render professional services shall contain the word “pharmacist,” “pharmacy,” or…
- § 4153 The income of a pharmacy corporation attributable to professional services rendered while a shareholder is a disqualified person, as defined in Section 13401…
- § 4154 The board may adopt and enforce regulations to carry out the purposes and objectives of this article, including regulations requiring (a) that the bylaws of a…
- § 4155 Nothing in this article shall be construed as requiring the applicant or holder of a pharmacy permit pursuant to Section 4110 to be a pharmacy corporation.
- § 4156 A pharmacy corporation shall not do, or fail to do, any act where doing or failing to do the act would constitute unprofessional conduct under any statute or…
ARTICLE 11. Wholesalers, Third-Party Logistics Providers, and Manufacturers §§ 4160–4169.1 · 14 sections
- § 4160 (a) A person shall not act as a wholesaler or third-party logistics provider of any dangerous drug or dangerous device unless he or she has obtained a license…
- § 4160.5 Within 30 days of the effective date of the act adding this section, a manufacturer of a nonprescription diabetes test device shall make the names of its…
- § 4161 (a) A person located outside this state that (1) ships, sells, mails, warehouses, distributes, or delivers dangerous drugs or dangerous devices into this state…
- § 4161.5 At such time as federal regulations are promulgated to implement Section 584 of the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 360eee-3), the board…
- § 4162 (a) (1) An applicant for the issuance or renewal of a wholesaler license, which is not government owned and operated, shall submit a surety bond of one hundred…
- § 4162.5 (a) (1) An applicant for the issuance or renewal of a nonresident wholesaler license shall submit a surety bond of one hundred thousand dollars ($100,000), or…
- § 4163 (a) A manufacturer, wholesaler, repackager, or pharmacy shall not furnish a dangerous drug or dangerous device to an unauthorized person. (b) Except as…
- § 4164 (a) A wholesaler or third-party logistics provider licensed by the board that distributes controlled substances, dangerous drugs, or dangerous devices within…
- § 4165 A wholesaler or third-party logistics provider licensed by the board who sells or transfers any dangerous drug or dangerous device into this state or who…
- § 4166 (a) A wholesaler that uses the services of a third-party logistics provider or carrier, including, but not limited to, the United States Postal Service or a…
- § 4167 A wholesaler or third-party logistics provider shall not obtain, by purchase or otherwise, any dangerous drugs or dangerous devices that it cannot maintain, in…
- § 4168 A county or municipality shall not issue a business license for any establishment that requires a wholesaler or third-party logistics provider license unless…
- § 4169 (a) A person or entity shall not do any of the following: (1) Purchase, trade, sell, warehouse, distribute, or transfer dangerous drugs or dangerous devices at…
- § 4169.1 A wholesaler, upon discovery, shall notify the board in writing of any suspicious orders of controlled substances placed by a California-licensed pharmacy or…
ARTICLE 11.5. Surplus Medication Collection and Distribution Intermediaries § 4169.5 · 1 section
- § 4169.5 (a) A surplus medication collection and distribution intermediary established for the purpose of facilitating the donation of medications to or transfer of…
ARTICLE 11.7 Cancer Medication Collection and Distribution: Registry of Participating Practitioners §§ 4169.7–4169.8 · 2 sections
ARTICLE 12. Prescriber Dispensing §§ 4170–4175 · 7 sections
- § 4170 (a) A prescriber shall not dispense drugs or dangerous devices to patients in the prescriber’s office or place of practice unless all of the following…
- § 4170.5 (a) Veterinarians in a veterinary teaching hospital operated by an accredited veterinary medical school may dispense and administer dangerous drugs and devices…
- § 4171 (a) Section 4170 shall not prohibit the furnishing of a limited quantity of samples by a prescriber, if the prescriber dispenses the samples to the patient in…
- § 4172 A prescriber who dispenses drugs pursuant to Section 4170 shall store all drugs to be dispensed in an area that is secure. The Medical Board of California…
- § 4173 This chapter does not prevent the dispensing of drugs or devices by registered nurses functioning pursuant to Section 2725.1.
- § 4174 Notwithstanding any other law, a pharmacist may dispense drugs or devices upon the drug order of a nurse practitioner practicing pursuant to Section 2836.1,…
- § 4175 (a) The California State Board of Pharmacy shall promptly forward to the appropriate licensing entity, including the Medical Board of California, the…
ARTICLE 13. Nonprofit or Free Clinics §§ 4180–4186 · 7 sections
- § 4180 (a) (1) Notwithstanding any provision of this chapter, any of the following clinics may purchase drugs at wholesale for administration or dispensing, under the…
- § 4181 (a) Prior to the issuance of a clinic license authorized under Section 4180, the clinic shall comply with all applicable laws and regulations of the State…
- § 4182 (a) Each clinic that makes an application for a license under Section 4180 shall show evidence that the professional director is responsible for the safe,…
- § 4183 No clinic dispensing drugs pursuant to this article shall be eligible for any professional dispensing fee that may be authorized under the Medi-Cal program…
- § 4184 (a) Except as described in subdivision (b), a Schedule II controlled substance shall not be dispensed by the clinic. This limitation does not prohibit a…
- § 4185 The board shall have the authority to inspect a clinic at any time in order to determine whether a clinic is, or is not, operating in compliance with this…
- § 4186 (a) Automated drug delivery systems, as defined in Section 4017.3, may be located in any clinic licensed by the board pursuant to Section 4180. If an automated…
ARTICLE 13.5. Correctional Clinics §§ 4187–4187.5 · 6 sections
- § 4187 For purposes of this article the following terms shall have the following meanings: (a) “Correctional clinic” means a primary care clinic, as referred to in…
- § 4187.1 (a) Notwithstanding any other provision of this chapter, a correctional clinic licensed by the board under this article may obtain drugs from a licensed…
- § 4187.2 (a) The policies and procedures to implement the laws and regulations of this article within a correctional clinic shall be developed and approved by the…
- § 4187.3 A Schedule II, III, IV, or V controlled substance may be administered by health care staff of the licensed correctional clinic lawfully authorized to…
- § 4187.4 The board shall have the authority to inspect a correctional clinic at any time in order to determine whether a correctional clinic is, or is not, operating in…
- § 4187.5 (a) An automated drug delivery system, as defined in subdivision (h), may be located in a correctional clinic licensed by the board under this article. If an…
ARTICLE 14. Clinics §§ 4190–4195 · 6 sections
- § 4190 (a) For the purposes of this article, “clinic” means a surgical clinic licensed pursuant to paragraph (1) of subdivision (b) of Section 1204 of the Health and…
- § 4191 (a) Prior to the issuance of a clinic license authorized under this article, the clinic shall comply with all applicable laws and regulations of the State…
- § 4192 (a) Each clinic that makes an application for a license under this article shall show evidence that the professional director is responsible for the safe,…
- § 4193 No clinic holding a license pursuant to this article shall be eligible for any professional dispensing fee that may be authorized under the Medi-Cal program…
- § 4194 No Schedule II controlled substance shall be dispensed in the clinic. This limitation does not prohibit a physician from dispensing a Schedule II drug to the…
- § 4195 The board shall have the authority to inspect a clinic that is licensed pursuant to this article at any time in order to determine whether the clinic is, or is…
ARTICLE 15. Veterinary Food-Animal Drug Retailers §§ 4196–4199 · 4 sections
- § 4196 (a) No person shall conduct a veterinary food-animal drug retailer in the State of California unless he or she has obtained a license from the board. A license…
- § 4197 (a) The following minimum standards shall apply to all veterinary food-animal drug retailers licensed by the board: (1) Each retailer shall store veterinary…
- § 4198 (a) Each veterinary food-animal drug retailer shall have written policies and procedures related to the handling and dispensing of veterinary food-animal drugs…
- § 4199 (a) Any veterinary food-animal drug dispensed pursuant to a prescription from a licensed veterinarian for food producing animals from a veterinary food-animal…
ARTICLE 16. Applications §§ 4200–4211 · 20 sections
- § 4200 (a) The board may license as a pharmacist an applicant who meets all the following requirements: (1) Is at least 18 years of age. (2) (A) Has graduated from a…
- § 4200.1 (a) Notwithstanding Section 135, an applicant may take the North American Pharmacist Licensure Examination four times, and may take the California Practice…
- § 4200.2 When developing the California Practice Standards and Jurisprudence Examination for Pharmacists, the board shall include all of the following: (a) Examination…
- § 4200.3 (a) The examination process shall be regularly reviewed pursuant to Section 139. (b) The examination process shall meet the standards and guidelines set forth…
- § 4200.4 An applicant who fails either the North American Pharmacist Licensure Examination or the California Practice Standards and Jurisprudence Examination for…
- § 4200.5 (a) The board shall issue, upon application and payment of the fee established by Section 4400, a retired license to a pharmacist who has been licensed by the…
- § 4201 (a) Each application to conduct a pharmacy, wholesaler, third-party logistics provider, veterinary food-animal drug retailer, or outsourcing facility shall be…
- § 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…
- § 4202.5 (a) The board may issue a designated paramedic license to an individual if they hold a license as a paramedic in this state and meets the criteria of this…
- § 4202.6 Notwithstanding Section 480, the board may deny an application for licensure under this chapter if any of the following conditions apply: (a) The applicant has…
- § 4203 (a) Each application for a license under Section 4180 shall be made on a form furnished by the board. The form of application for a license under Section 4180…
- § 4203.5 (a) Notwithstanding any other law, when a clinic applicant submits either type of application described in subdivision (b), the board shall issue a license or…
- § 4203.6 (a) Each application for a license as a correctional clinic under Article 13.5 (commencing with Section 4187) shall be made on a form furnished by the board.…
- § 4204 (a) Each application for a license under Section 4190 shall be made on a form furnished by the board. The form of application for a license under this article…
- § 4205 (a) A license issued pursuant to Section 4110, 4120, 4160, or 4161 shall be considered a license within the meaning of Section 4141. (b) The board may, in its…
- § 4207 (a) Upon receipt of an application for a license and the applicable fee, the board shall make a thorough investigation to determine whether the applicant is…
- § 4208 (a) At the discretion of the board, an intern pharmacist license may be issued for a period of: (1) One to six years to a person who is currently enrolled in a…
- § 4209 (a) (1) An intern pharmacist shall complete 1,500 hours of pharmacy practice experience before applying for the pharmacist licensure examination. (2) This…
- § 4210 (a) A person who seeks recognition as an advanced pharmacist practitioner shall meet all of the following requirements: (1) Hold an active license to practice…
- § 4211 (a) An applicant for renewal of an advanced pharmacist practitioner recognition shall maintain a current and active pharmacist license, and shall submit all of…
ARTICLE 17. Continuing Education §§ 4231–4234 · 5 sections
- § 4231 (a) For purposes of this section, “cultural competency course” means a cultural competency and humility course that meets the following criteria: (1) The…
- § 4232 (a) The courses shall be in the form of postgraduate studies, institutes, seminars, lectures, conferences, workshops, extension studies, correspondence…
- § 4232.5 (a) A pharmacist who, pursuant to any authority of this chapter, prescribes a Schedule II controlled substance, shall have completed an education course on the…
- § 4233 A pharmacist who is recognized as an advanced pharmacist practitioner shall complete 10 hours of continuing education each renewal cycle in addition to the…
- § 4234 The board may, in accordance with the intent of this article, make exceptions from the requirements of this article in emergency or hardship cases.
ARTICLE 18. Poisons § 4240 · 1 section
- § 4240 (a) The California Hazardous Substances Act, Chapter 4 (commencing with Section 108100) of Part 3 of Division 104 of the Health and Safety Code, applies to…
ARTICLE 19. Disciplinary Proceedings §§ 4300–4318 · 29 sections
- § 4300 (a) Every license issued may be suspended or revoked. (b) The board shall discipline the holder of any license issued by the board, whose default has been…
- § 4300.1 The expiration, cancellation, forfeiture, or suspension of a board-issued license by operation of law or by order or decision of the board or a court of law,…
- § 4301 The board shall take action against any holder of a license who is guilty of unprofessional conduct or whose license has been issued by mistake. Unprofessional…
- § 4301.1 In order to ensure that the board’s resources are maximized for the protection of the public health and safety, the board shall prioritize its investigative…
- § 4301.5 (a) If a pharmacist possesses a license or is otherwise authorized to practice pharmacy in any other state or by an agency of the federal government, and that…
- § 4302 The board may deny, suspend, or revoke any license where conditions exist in relation to any person holding 10 percent or more of the ownership interest or…
- § 4303 (a) The board may report any violation by a nonresident pharmacy of the laws and regulations of this state, any other state, or of the United States,…
- § 4303.1 If the federal Food and Drug Administration (FDA) cancels, revokes, or suspends an outsourcing facility’s registration for any reason, any license issued…
- § 4304 The board may deny, revoke, or suspend any license issued pursuant to Section 4161 for any violation of this chapter or for any violation of Part 5 (commencing…
- § 4305 (a) Failure by any pharmacist to notify the board in writing that he or she has ceased to act as the pharmacist-in-charge of a pharmacy, or by any pharmacy to…
- § 4305.5 (a) A person that is licensed as a wholesaler, third-party logistics provider, or veterinary food-animal drug retailer, shall notify the board within 30 days…
- § 4306 It shall constitute unprofessional conduct and a violation of this chapter for any person licensed under this chapter to violate, attempt to violate, directly…
- § 4306.5 Unprofessional conduct for a pharmacist may include any of the following: (a) Acts or omissions that involve, in whole or in part, the inappropriate exercise…
- § 4306.6 If the board disciplines a pharmacist-in-charge for the violation of a state or federal law or regulation committed by another person and the…
- § 4307 (a) Any person who has been denied a license or whose license has been revoked or is under suspension, or who has failed to renew his or her license while it…
- § 4308 Whenever a person is prohibited from serving as a manager, administrator, owner, member, officer, director, associate, partner, or in any other position with…
- § 4309 (a) A person whose license has been revoked or suspended or who has been placed on probation may petition the board for reinstatement or modification of…
- § 4310 Immediately upon the denial of any application for a license the board shall notify the applicant in writing. Within 10 days after the board mails the notice,…
- § 4311 (a) Any license issued by the board, or the holder thereof, shall be suspended automatically during any time that the person is incarcerated after conviction…
- § 4312 (a) The board may cancel the license of a facility that is licensed by the board if the licensed premises remain closed, as defined in subdivision (e), other…
- § 4313 In determining whether to grant an application for licensure or whether to discipline or reinstate a license, the board shall give consideration to evidence of…
- § 4314 (a) The board may issue citations containing fines and orders of abatement for any violation of Section 733, for any violation of this chapter or regulations…
- § 4315 (a) The executive officer, or his or her designee, may issue a letter of admonishment to a licensee for failure to comply with Section 733, for failure to…
- § 4316 (a) The board, through its executive officer, is authorized to issue a cease and desist order for operating any facility under this chapter that requires…
- § 4316.5 Notwithstanding any other law, the board may assess administrative fines and issue orders of abatement to any unlicensed entity who engages in any action that…
- § 4317 The board may take an enforcement action against a chain community pharmacy, as defined in subdivision (c) of Section 4001, that violates Section 4113.7…
- § 4317.5 (a) The board may bring an action for fines for repeated violations of materially similar provisions of this chapter within five years by three or more…
- § 4317.6 (a) For the purposes of this section, “mail order pharmacy” is defined as a nonresident pharmacy that dispenses medications and ships them to patients via the…
- § 4318 (a) Notwithstanding any other state law, and consistent with Sections 1 and 1.1 of Article I of the California Constitution, an individual or state or local…
ARTICLE 20. Prohibitions and Offenses §§ 4320–4343 · 22 sections
- § 4320 (a) The penalties prescribed in this chapter may be recovered in any court having jurisdiction, by a civil action instituted by the board in the name of the…
- § 4321 (a) Any person who knowingly violates any of the provisions of this chapter, when no other penalty is provided, is guilty of a misdemeanor, and upon conviction…
- § 4322 Any person who attempts to secure or secures licensure for himself or herself or any other person under this chapter by making or causing to be made any false…
- § 4323 Every person who, in order to obtain any drug, falsely represents himself or herself to be a physician or other person who can lawfully prescribe the drug, or…
- § 4324 (a) Every person who signs the name of another, or of a fictitious person, or falsely makes, alters, forges, utters, publishes, passes, or attempts to pass, as…
- § 4325 (a) No person other than a physician, dentist, podiatrist, veterinarian, pharmacist, or other person authorized by law to dispense, administer, or prescribe…
- § 4327 Any person who, while on duty, sells, dispenses or compounds any drug while under the influence of any dangerous drug or alcoholic beverages shall be guilty of…
- § 4328 Except as otherwise provided in this chapter, any person who permits the compounding or dispensing of prescriptions, or the furnishing of dangerous drugs in…
- § 4329 Any nonpharmacist who takes charge of or acts as supervisor, manager, or pharmacist-in-charge of any pharmacy, or who compounds or dispenses a prescription or…
- § 4330 (a) Any person who has obtained a license to conduct a pharmacy, who fails to place in charge of the pharmacy a pharmacist, or any person, who by himself or…
- § 4331 (a) A person not authorized under this chapter who takes charge of a wholesaler or veterinary food-animal drug retailer or who dispenses a prescription or…
- § 4332 Any person who fails, neglects, or refuses to maintain the records required by Section 4081 or who, when called upon by an authorized officer or a member of…
- § 4333 (a) All prescriptions filled by a pharmacy and all other records required by Section 4081 shall be maintained on the premises and available for inspection by…
- § 4335 Any person who knowingly violates subdivision (b) of Section 4312 is guilty of a misdemeanor.
- § 4336 (a) Every person who knowingly or willfully violates Section 4055, 4059, 4060, 4061, 4062, 4063, 4064, 4065, 4077, 4080, 4081,
- § 4337 Except as otherwise specified, all fines collected for violations of this chapter shall be paid as follows: one-half into the State Treasury to the credit of…
- § 4338 In addition to any fine assessed under Section 4321, the judge may assess a fine not to exceed seventy dollars ($70) against any person who violates Section…
- § 4339 (a) The board may bring an action to enjoin the violation of any provision of this chapter in any superior court in and for the county in which the violation…
- § 4340 It is unlawful for any nonresident pharmacy that is not registered pursuant to Section 4112 or for any person who is a resident of this state to advertise the…
- § 4341 Notwithstanding any other provision of law, prescription drugs or devices may be advertised if the advertisement conforms with the requirements of Section 651.
- § 4342 (a) The board may institute any action or actions as may be provided by law and that, in its discretion, are necessary, to prevent the sale of pharmaceutical…
- § 4343 No building shall have upon it or displayed within it or affixed to or used in connection with it a sign bearing the word or words “Pharmacist,” “Pharmacy,”…
ARTICLE 21. Pharmacists Recovery Program §§ 4360–4373 · 10 sections
- § 4360 The board shall operate a pharmacists recovery program to rehabilitate pharmacists and intern pharmacists whose competency may be impaired due to abuse of…
- § 4361 (a) “Participant” means a pharmacist or intern pharmacist who has entered the pharmacists recovery program. (b) “Pharmacists recovery program” means the…
- § 4362 (a) A pharmacist or intern pharmacist may enter the pharmacists recovery program if: (1) The pharmacist or intern pharmacist is referred by the board instead…
- § 4364 (a) The board shall establish criteria for the participation of pharmacists and intern pharmacists in the pharmacists recovery program. (b) The board may deny…
- § 4365 The board shall contract with one or more qualified contractors to administer the pharmacists recovery program.
- § 4366 The functions of the contractor administering the pharmacists recovery program shall include, but not be limited to, the following: (a) To evaluate those…
- § 4369 (a) Any failure to comply with the treatment contract, determination that the participant is failing to derive benefit from the program, or other requirements…
- § 4371 (a) The executive officer of the board shall designate a program manager of the pharmacists recovery program. The program manager shall have background…
- § 4372 All board records and records of the pharmacists recovery program pertaining to the treatment of a pharmacist or intern pharmacist in the program shall be kept…
- § 4373 No member of the board shall be liable for any civil damages because of acts or omissions that may occur while acting in good faith pursuant to this article.
ARTICLE 22. Unfair Trade Practices §§ 4380–4382 · 3 sections
- § 4380 (a) The resale, by any person, of drugs acquired at preferentially low prices permitted under federal law only because of the Nonprofit Institutions Act (15…
- § 4381 (a) A violation of this article is an act of unfair competition within the meaning of Chapter 5 (commencing with Section 17200) of Part 2 of Division 7, and…
- § 4382 The board may audit persons for compliance with the limits established in paragraph (3) of subdivision (a) of Section 4380 except that in the case of a…
ARTICLE 23. Revenue and Renewal §§ 4400–4409 · 9 sections
- § 4400 The amount of fees and penalties prescribed by this chapter, except as otherwise provided, is that fixed by the board according to the following schedule: (a)…
- § 4401 Every pharmacist who desires to retain his or her license on the books of the board shall biennially pay to the executive officer of the board the renewal fee,…
- § 4402 (a) Any pharmacist license that is not renewed within three years following its expiration may not be renewed, restored, or reinstated and shall be canceled by…
- § 4403 The board shall not reissue or renew any license without the payment of the fees required by this chapter and the payment of all fees that are delinquent at…
- § 4404 If any license issued under this chapter is lost or destroyed, or if any person desires a reissuance of his or her license, the board may reissue it, subject…
- § 4405 All fines recoverable under this chapter shall be paid by the magistrate receiving the same to the board, except where other provision is made in this chapter…
- § 4406 All fees collected on behalf of the board and all receipts of every kind and nature shall be reported each month for the month preceding to the Controller and…
- § 4407 All compensation of members and all other expenses of the board shall be paid out of the examination and registration fees and fines.
- § 4409 At the time a pharmacy license is renewed pursuant to subdivision (a) of Section 4110 or a pharmacist license is renewed pursuant to Section 4401, the pharmacy…
ARTICLE 24. Prescription Rates for Medicare Beneficiaries §§ 4425–4426 · 2 sections
- § 4425 (a) As a condition for the participation of a pharmacy in the Medi-Cal program pursuant to Chapter 7 (commencing with Section 14000) of Division 9 of the…
- § 4426 The State Department of Health Care Services shall conduct a study of the adequacy of Medi-Cal pharmacy reimbursement rates including the cost of providing…
ARTICLE 25. Automated Drug Delivery System §§ 4427–4427.8 · 10 sections
- § 4427 As used in this article, “drugs” or “dangerous drugs” shall have the same meaning as “dangerous drug” as provided in Section 4022 and “devices” or “dangerous…
- § 4427.1 An ADDS shall not be installed or operated in California unless it meets the requirements of this article.
- § 4427.2 (a) An ADDS installed, leased, owned, or operated in California shall be licensed by the board. (b) An ADDS license shall only be issued to the holder of a…
- § 4427.3 (a) An ADDS shall be placed and operated inside an enclosed building, with a premises address, at a location approved by the board. (b) An ADDS shall be placed…
- § 4427.4 (a) The ADDS shall be owned or leased by the pharmacy holding the license for the ADDS. (b) Each ADDS shall only be operated under the supervision of the…
- § 4427.5 Prior to installation, and annually thereafter, the pharmacy holding the ADDS license shall provide training on the operation and use of the ADDS to pharmacy…
- § 4427.6 In addition to any other requirements imposed by this article, an APDS shall additionally meet the following requirements: (a) The pharmacy shall develop and…
- § 4427.65 (a) In addition to the locations authorized in Section 4427.3, an automated unit dose system (AUDS) may also be located and operated in either of the following…
- § 4427.7 (a) A pharmacy holding an ADDS license shall complete a self-assessment, performed pursuant to Section 1715 of Title 16 of the California Code of Regulations,…
- § 4427.8 (a) This article shall become operative on July 1, 2019. (b) On or before January 1, 2025, as part of the board’s sunset evaluation process, and…