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2022 LAWBOOK FOR PHARMACY
The Pharmacy Law
(Business and Professions Code 4000 et seq.)
Excerpts from the Business and Professions Code
Board of Pharmacy Regulations
(California Code of Regulations,
Title 16, Section 1700 et seq.)
Excerpts from
The California Uniform Controlled Substances Act
(Health and Safety Code 11000 et seq.)
Excerpts from
The Confidentiality of Medical Information Act
(Civil Code 56 et seq.)
Excerpts from the Public Resources Code
Resources for Searching
California Laws and Regulations:
1
BUSINESS & PROFESSIONS CODE
CHAPTER 9, DIVISION 2
Article 1. Administration
Section
4000.
Chapter Title
4001.
Board of Pharmacy; Appointment; Terms
4001.1.
Purpose of the Board: Protection of the Public
4001.5.
Pharmacist Shortage; Recommendations to Alleviate
4002.
Officers
4003.
Executive Officer; Records; Revenue
4004.
Teaching by Board Members
4005.
Adoption of Rules and Regulations
4006.
Regulations Restricting Furnishing of Particular Drug
4007.
Limitations of Rules
4008.
Inspectors; Authority as Public Officers
4009.
Board Rules; Exemption from Coverage under Industrial
Welfare Commission Rules
4010.
Immunity of Officers
4011.
Administration and Enforcement of Uniform Controlled
Substances Act
4012.
Board to Provide Copy of Laws or Regulations
4013.
Board-Licensed Facilities to Join E-Mail Notification List
Article 2. Definitions
Section
4015.
Definitions to Govern Construction
4016.
Administer
4016.5. Advanced Practice Pharmacist
4017.
Authorized Officers of the Law
4017.3
Automated Drug Delivery System; Automated Unit Dose
System; Automated Patient Dispensing System
4018.
Board
4019.
Chart Order
2
4021.
Controlled Substance
4021.5.
Correctional Pharmacy
4022.
Dangerous Drug - Dangerous Device Defined
4022.5.
Designated Representative; Designated Representative-
in-Charge
4022.6.
Designated Representative-Reverse Distributor
4022.7.
Designated Representative-3PL; Responsible Manager
4023.
Device
4023.5.
Direct Supervision and Control
4024.
Dispense
4025.
Drug
4025.2.
Nonprescription Diabetes Test Device
4025.1.
Non-Prescription Drug
4026.
Furnish
4026.5
Good Standing
4027.
Skilled Nursing Facility - Intermediate Care Facility -
Other Health Care Facilities
4028.
Licensed Hospital
4029.
Hospital Pharmacy
4030.
Intern Pharmacist
4031.
Laboratory
4032.
License
4033.
Manufacturer
4033.3
Remote Dispensing Site Pharmacy
4034.
Outsourcing Facility
4034.5
Emergency Medical Services Automated Drug Delivery
System
4035.
Person
4036.
Pharmacist
4036.5.
Pharmacist-in-Charge
4037.
Pharmacy
4038.
Pharmacy Technician
4039.
Physician; Other Practitioners Defined
4040.
Prescription; Content Requirements
4040.5.
Reverse Distributor
3
4041.
Veterinary Food-Animal Drug Retailer
4042.
Veterinary Food-Animal Drugs
4043.
Wholesaler
4044.
Repackager
4044.3
Remote Dispensing Site Pharmacy
4044.5. Reverse Third-Party Logistics Provider
4044.6. Supervising Pharmacy
4044.7. Telepharmacy
4045.
Third-Party Logistics Provider
4045.
Surplus Medication Collection and Distribution
Intermediary
Article 3. Scope of Practice and Exemptions
Section
4050.
Legislative Declaration
4051.
Conduct Limited to Pharmacist; Conduct Authorized by
Pharmacist
4052.
Furnishing to Prescriber; Permitted Pharmacist
Procedures
4052.01. Furnishing of Naloxone Hydrochloride; Permitted
Procedures by Pharmacist
4052.02. Initiating and Furnishing of HIV Preexposure
Prophylaxis by Pharmacist
4052.03. Initiating and Furnishing of HIV Preexposure
Prophylaxis by Pharmacist
4052.1. Permitted Pharmacist Procedures in Licensed Health
Care Facility
4052.2. Permitted Pharmacist Procedures in Health Care
Facility, Home Health Agency or Clinic with Physician
Oversight
4052.3. Emergency Contraception Drug Therapy; Requirements
and Limitations
4052.4. Conditions Permitting Pharmacists to Perform Skin
Puncture and CLIA-Waived Tests
4
4052.5. Pharmacist May Select Different Form of Medication
with Same Active Chemical Ingredient; Exceptions
4052.6. Advanced Practice Pharmacist; Permitted Procedures
4052.7. Repackage Previously Dispensed Drug; Requirements
4052.8. Initiation and Administration of Vaccines; Requirements
4052.9. Pharmacist Furnishing Nicotine Replacement Products;
Requirements
4052.10. Partial Fills of Schedule II Controlled Substance
4053.
Designated Representative to Supervise Wholesaler or
Veterinary Food-Animal Drug Retailer
4053.1.
Designated Representative-3PL to Supervise Third-Party
Logistics Provider
4053.2.
Designated Representative-Reverse Distributor -
Licensing; Requirements
4054.
Supply by Manufacturer, etc. of Certain Dialysis Drugs
and Devices
4055.
Sale of Devices to Licensed Clinics, etc.
4056.
Purchase of Drugs at Wholesale - Hospital Containing
100 Beds or Less
4057.
Exceptions to Application of this Chapter
4058.
Display of Original License
4059.
Furnishing Dangerous Drugs or Devices Prohibited
Without Prescription: Exceptions
4059.5.
Who May Order Dangerous Drugs or Devices:
Exceptions; Compliance with Laws of All Involved
Jurisdictions
4060.
Controlled Substance - Prescription Required;
Exceptions
4061.
Distribution of Drug as Sample; Written Request
Required
4062.
Furnishing Dangerous Drugs during Emergency
4063.
Refill of Prescription for Dangerous Drug or Device
Requires Prescriber Authorization
4064.
Emergency Refill of Prescription without Prescriber
Authorization
5
4064.5. Dispensing a 90-Day Supply of a Dangerous Drug or
Device; Requirements and Exceptions
4065.
Injection Card System; Requirements for Administration
4066.
Furnishing Dangerous Drugs to Master or First Officer of
Vessel
4067.
Internet; Dispensing Dangerous Drugs or Devices
without Prescription
4068.
Dispense Dangerous Drugs or Controlled Substances to
Emergency Room Patient; Requirements
Article 4. Requirements for Prescriptions
Section
4070.
Reduction of Oral or Electronic Prescription to Writing
4071.
Prescriber May Authorize Agent to Transmit
Prescription; Schedule II Excluded
4071.1.
Electronic Prescription Entry into Pharmacy or Hospital
Computer
4072.
Oral or Electronic Transmission of Prescription - Health
Care Facility
4073.
Substitution of Generic Drug - Requirements and
Exceptions
4073.5.
Substitution of Alternative Biological Product;
Requirements and Exceptions
4074.
Drug Risk: Informing Patient; Providing Consultation for
Discharge Medications
4075.
Proof of Identity Required - Oral or Electronic
Prescription
4076.
Prescription Container - Requirements for Labeling
4076.5.
Standardized, Patient-Centered Prescription Labels;
Requirements
4076.6.
Patient-Centered Prescription Labels; Translated
Directions for Use; Requirements
4076.7.
Caution Label Required for Drug Containing an Opioid
4077.
Dispensing Dangerous Drug in Incorrectly Labeled
Container
6
4078.
False or Misleading Label on Prescription
4079.
Availability of a Lower Retail Price for a Covered Drug
Article 5. Authority of Inspectors
Section
4080.
Stock of Dangerous Drugs and Devices Kept Open for
Inspection
4081.
Records of Dangerous Drugs and Devices Kept Open for
Inspection; Maintenance of Records, Current Inventory
4082.
Names of Owners, Managers and Employees Open for
Inspection
4083.
Orders of Correction
4084.
Adulterated, Misbranded or Counterfeit Dangerous
Drug or Device
4084.1.
Embargo of Nonprescription Diabetes Test Devices
4085.
Unlawful to Remove, Sell, Dispose of Embargoed
Dangerous Drug or Dangerous Device
4086.
Adulterated or Counterfeit Dangerous Drug or
Dangerous Device; Court Proceedings
Article 6. General Requirements
Section
4100.
Change of Address or Name - Notification to Board
4101.
Pharmacist-in-Charge, Designated Representative-in-
Charge: Termination of Employment; Notification to
Board
4103.
Blood Pressure - Taking by Pharmacist
4104.
Licensed Employee, Theft or Impairment: Pharmacy
Procedures
4105.
Retaining Records of Dangerous Drugs and Devices on
Licensed Premises; Temporary Removal; Waivers;
Access to Electronically Maintained Records
4106.
License Verification Using Board Web Site
4106.5
Requirement for Safe Storage Products
4107.
One Site License per Premises; Exception
7
4107.5. Counterfeit Dangerous Drugs or Device; Fraudulent
Transaction; Required Notice to the Board
Article 7. Pharmacies
Section
4110.
License Required; Temporary Permit upon Transfer of
Ownership; Temporary Use of Mobile Pharmacy
4111.
Restrictions on Prescriber Ownership
4112.
Nonresident Pharmacy: Registration; Provision of
Information to Board; Maintaining Records; Patient
Consultation
4113.
Pharmacist in Charge: Notification to Board;
Responsibilities
4113.5.
Community Pharmacies: Required Staffing
4113.7.
Prohibition on Quotas Related to Pharmacist or
Pharmacy Technician Duties
4114.
Intern Pharmacist: Activities Permitted
4115.
Pharmacy Technician: Activities Permitted; Required
Supervision; Activities Limited to Pharmacist;
Registration; Requirements for Registration; Ratios
4115.5.
Pharmacy Technician Trainee; Placement; Supervision;
Requirements
4116.
Security of Dangerous Drugs and Devices in Pharmacy:
Pharmacist Responsibility for Individuals on Premises;
Regulations
4117.
Admission to Area Where Narcotics are Stored, etc. -
Who May Enter
4118.
Waiving of Minimum Requirements by Board
4118.5.
Hospital Pharmacies: Medication Profiles or Lists for
High-Risk Patients
4119.
Furnish Prescription Drug to Licensed Health Care
Facility - Secured Emergency Supplies
4119.01. Emergency Medical Services Automated Drug Delivery
Systems - Licensing; Fee; Restocking and Removing
8
Drugs; Inventory and Reconciliation; Record Keeping;
Licensed Designated Paramedic
4119.2.
Furnish Epinephrine Auto-Injectors to School;
Requirements
4119.3.
Furnish Epinephrine Auto-Injectors to First Responder
or Lay Rescuer; Requirements
4119.5.
Transfer or Repackaging Dangerous Drugs by Pharmacy
4119.6.
Health Care Facility; Stocking of Emergency
Pharmaceutical Supplies Container and Emergency
Medical System Supplies
4119.7.
Health Care Facility; Inspection of Drugs; Furnishing Per
Standing Orders, etc.
4119.8.
Naloxone Hydrochloride Furnished to School District,
County Office of Education or Charter School; Records
Requirements
4119.9.
Naloxone Hydrochloride Furnished to a Law
Enforcement Agency
4119.10. Conditions Permitting Pharmacies to Perform CLIA-
Waived Tests
4119.11. Automated Patient Dispensing Systems
4120.
Nonresident Pharmacy: Registration Required
4121.
Advertisement for Prescription Drug: Requirements;
Restrictions
4122.
Required Notice of Availability of Prescription Price
Information, General Product Availability, Pharmacy
Services; Providing Drug Price Information; Limitations
on Price Information Requests
4123.
Compounding Drug for Other Pharmacy for Parenteral
Therapy; Notice to Board
4124.
Dispensing Replacement Contact Lenses: Requirements;
Patient Warnings; Registration with Medical Board;
Application of Section to Nonresident Pharmacies
4125.
Pharmacy Quality Assurance Program Required; Records
Considered Peer Review Documents
9
4126.
Covered Entity May Contract with Pharmacy to Provide
Pharmacy Services; Segregation of Drug Stock; Return of
Drugs not Dispensed; Wholesale License Not Permitted
or Required
4126.5. Furnishing Dangerous Drug by Pharmacy
4126.8 Compounding Consistent with United States
Pharmacopeia - National Formulary
4126.9. Recall of Nonsterile Compounded Drugs: Requirements
4126.10. Reporting Requirements for Interstate Distribution of
Compounded Human Drug Preparations
Article 7.5. Compounded Sterile Drug Products
Section
4127.
Board Shall Adopt Regulations Establishing Standards
4127.1. License for Compounding Sterile Drug Products;
Requirements; Exceptions
4127.2. Nonresident Pharmacy License for Compounding and
Shipping Sterile Drug Products into California;
Requirements; Adverse Effects Reporting
4127.3. Cease and Desist Order; Hearing
4127.4. Fine for Violation
4127.6. Article Operative upon Allocation of Positions
4127.7. Temporary License to Compound Injectable Sterile Drug
Products When a Change of Ownership
4127.8. Pharmacies that Compound Sterile Drug Products;
Recalls; Requirements
4127.15. Hospital Satellite Compounding Pharmacy
Article 7.6. Centralized Hospital Packaging Pharmacy
Section
4128.
Centralized Hospital Packaging
4128.2. Specialty License Required; Application; Fees
4128.3. Preparing and Storing Limited Quantity of Unit Dose
Drugs in Advance of a Patient-Specific Prescription
10
4128.4. Barcode Required; Information Retrievable Upon
Reading Barcode
4128.5. Labeling for Unit Dose Medications
4128.6. Compounding
4128.7. Integrity, Potency, Quality and Labeled Strength of Unit
Dose Drug Products
Article 7.7. Outsourcing Facilities
Section
4129.
Outsourcing Facility; License Required
4129.1. Licensing Requirements
4129.2. Nonresident Outsourcing Facility; License Required
4129.3. Board Report to the Legislature
4129.4. Cease and Desist Order
4129.5. Violation Fine
4129.8. Temporary License
4129.9. Recall: Notice Required
Article 8. Telepharmacy Systems and Remote
Dispensing Site Pharmacies
Section
4130.
Remote Dispensing Site Pharmacy - Use of
Telepharmacy System; Medically Underserved Areas;
Staffing; Transition to Full-Service Pharmacy
4131.
Remote Dispensing Site Pharmacy - Distance from
Supervising Pharmacy; Common Ownership; Staffing by
Pharmacy Technician; Pharmacist-in-Charge
4132.
Remote Dispensing Site Pharmacy - Pharmacy
Technician; Permitted Duties; Prohibited Duties;
Pharmacist-to-Pharmacy Technician Ratio
4133.
Telepharmacy System - Audio-Visual System; Use in
Patient Counseling; System Capabilities; Recordkeeping
4134.
Remote Dispensing Site Pharmacy - Pharmacist
Inspection; Perpetual Inventory; Securing Controlled
11
Substances; Inventory and Reconciliation; Requirement
to Report Losses
4135.
Remote Dispensing Site Pharmacy - Alarm Required;
Closed When Supervising Pharmacy Is Closed;
Maintaining Surveillance Recording
Article 9. Hypodermic Needles and Syringes
Section
4141.
Furnishing without License
4143.
Exemption: Sale to Other Entity, Physician, etc.
4144.5. Industrial Use; Exception
4145.5. Conditions for Furnishing Hypodermic Needles and
Syringes for Human Use or Specified Animal Use
without a Prescription
4146.
Needle/Syringe Return in Sharps Container
4147.
Disposal of Needle or Syringe
4148.5. Confiscation if Found Outside Licensed Premises
4149.
Sale by Nonresident Distributor; License Required
Article 10. Pharmacy Corporations
Section
4150.
Definitions
4151.
Licensure Requirements
4152.
Corporate Name Requirements
4153.
Shareholder Income While Disqualified
4154.
Regulations Authorized
4155.
Corporate Form Not Required
4156.
Unprofessional Conduct by Corporation
Article 11. Wholesalers and Manufacturers
Section
4160.
Wholesaler: License Required
4160.5. Nonprescription Diabetes Test Devices - Authorized
Distributors Posted on Board Website
4161.
Nonresident Wholesaler Requirements
12
4161.5.
Nonresident Wholesaler or Nonresident Third-Party
Logistics Provider
4162.
Wholesaler or Third-Party Logistics Provider; Surety
Bond Requirements
4162.5.
Nonresident Wholesaler or Nonresident Third-Party
Logistics Provider; Surety Bond Requirements
4163.
Unauthorized Furnishing by Manufacturer or
Wholesaler
4164.
Reports Required
4165.
Sale or Transfer of Dangerous Drug or Device into State:
Furnishing Records to Authorized Officer on Demand;
Citation for Non-compliance
4166.
Shipping of Dangerous Drugs or Devices - Wholesaler or
Distributor Liable for Security and Integrity until
Delivery
4167.
Wholesaler: Bar on Obtaining Dangerous Drugs or
Devices It Cannot Maintain on Licensed Premises
4168.
Board License Required for Local Business License
4169.
Prohibited Acts
4169.1.
Wholesaler Obligation to Report Suspicious Orders to
Board
Article 11.5. Surplus Medication Collection and
Distribution Intermediaries
Section
4169.5. Surplus Medication Collection and Distribution
Intermediary; License Required
13
Article 11.7 Cancer Medication Collection and
Distribution: Registry of Participating
Practitioners
Section
4169.7. Requirements for Participating in Registry
4169.8. Article Repeal Date
Article 12. Prescriber Dispensing
Section
4170.
Dispensing by Prescriber: Requirements and
Restrictions; Enforcement
4170.5. Veterinarian in Teaching Hospital May Dispense and
Administer Dangerous Drugs and Devices; Requirements
4171.
Exceptions to Section 4170: Samples; Clinics;
Veterinarians; Narcotic Treatment Programs; Certain
Cancer Medications
4172.
Storage Requirements
4173.
Dispensing by Registered Nurses
4174.
Dispensing by Pharmacist upon Order of Nurse
Practitioner
4175.
Processing of Complaints
Article 13. Nonprofit or Free Clinics
Section
4180.
Purchase of Drugs at Wholesale Only with License:
Eligible Clinics
4180.5. Independent Clinics Sharing Office Space - Licensing;
Separate Boards, Drug Stocks, Records; Reporting
Losses; Application Fee; Ownership Change; Review by
Department of Health Care Services and Department of
Public Health (Repealed January 1, 2021)
4181.
License Requirements; Policies and Procedures; Who
May Dispense
14
4182.
Duties of Professional Director; Consulting Pharmacist
Required
4183.
No Professional Dispensing Fee
4184.
Dispensing Schedule II Substance by Clinic is Prohibited
4185.
Inspection Permitted
4186.
Automated Drug Delivery Systems
Article 13.5
Correctional Clinics
Section
4187.
Correctional Clinics
4187.1. Correctional Clinics: Licensing; Dispensing and
Administering of Drugs
4187.2. Correctional Clinics: Policies and Procedures
4187.3. Correctional Clinics: Administering Controlled
Substances
4187.4. Correctional Clinics: Board Inspections
4187.5. Correctional Clinics: Automated Drug Delivery Systems
Article 14. Clinics
Section
4190.
Clinic Defined; License Required; Purchase of Drugs at
Wholesale: Drug Distribution Service of a Clinic;
Information Reported to the Board
4191.
Compliance with Department of Health Services
Requirements; Who May Dispense Drugs
4192.
Duties of Professional Director; Providing Information to
Board
4193.
Clinic Not Eligible for Professional Dispensing Fee; Ban
on Offering Drugs for Sale
4194.
Dispensing of Schedule II Substance by Clinic Prohibited;
Physician May Dispense; Administration Authorized in
Clinic
4195.
Inspection Authorized
15
Article 15. Veterinary Food-Animal Drug Retailers
Section
4196.
License Required: Temporary License on Transfer of
Ownership; Board Approval of Designated
Representative-in-Charge
4197.
Minimum Standards: Security; Sanitation; Board
Regulations; Waivers
4198.
Written Policies and Procedures Required: Contents;
Training of Personnel; Quality Assurance; Consulting
Pharmacist
4199.
Labeling Requirements; Maintaining Prescription
Records
Article 16. Applications
Section
4200.
Pharmacist License Requirements: Age; Education;
Experience; Examination; Proof of Qualifications; Fees
4200.1.
Multiple Failures of License Examination: Additional
Education Requirement
4200.2.
California Practice Standards and Jurisprudence
Examination for Pharmacist; Required Inclusions
4200.3.
Examination Process to be Reviewed Regularly;
Required Standards
4200.4.
Retaking National Examination after Failure; Waiting
Period
4200.5.
Retired Licensee: Eligibility; Bar on Practice;
Requirement for Restoration to Active Status
4201.
Application Form: Required Information; Authority
Granted by License; Reporting Changes in Beneficial
Ownership
4202.
Pharmacy Technician: License Requirements for
Education, Experience; Board Regulations; Criminal
Background Check; Discipline
4202.5.
Designated Paramedic License; Fee
16
4202.6.
Denial of Federal Registration to Distribute Controlled
Substances
4203.
Non-Profit Clinic License Application: Form;
Investigation
4203.5.
Clinic Application
4203.6.
Correctional Clinics: License Application
4204.
Surgical Clinic Application: Form; Investigation
4205.
Sale or Dispensing of Hypodermic Syringes and Needles:
When Separate License Required; Form and Content of
Application; Renewability; Discipline
4207.
Investigation by Board
4208.
Intern Pharmacist License
4209.
Intern Pharmacist; Minimum Hours of Practice to Apply
for Pharmacist Exam
4210.
Advanced Practice Pharmacist License
4211.
Advanced Practice Pharmacist; License Renewal; Placed
on Inactive Status by Board
Article 17. Continuing Education
Section
4231.
Requirements for Renewal of Pharmacist License: Clock
Hours; Exemption for New Licensee
4232.
Content of Courses
4232.5. Continuing Education Requirement for Prescribing
Schedule II Controlled Substances
4233.
Advanced Practice Pharmacist; Continuing Education
Requirements
4234.
Exceptions: Emergencies; Hardship
Article 18. Poisons
Section
4240.
California Hazardous Substances Act; Application of Act
17
Article 19. Disciplinary Proceedings
Section
4300.
Revocation and Suspension: Authority; Conditions;
Issuance of Probationary License; Application of
Administrative Procedure Act; Judicial Review
4300.1.
Board Authority to Render a Decision on a License
4301.
Obtaining License by Fraud or Misrepresentation;
Unprofessional Conduct
4301.1.
Investigative Priority: Greatest Threat of Patient Harm
4301.3.
Workgroup and Report to Legislature on Standard of
Care Enforcement Model
4301.5.
Pharmacist License; Out-of-State Suspension or
Revocation to Apply to California License
4302.
Discipline of Corporate Licensee for Conduct of Officer,
Director, Shareholder
4303.
Nonresident Pharmacy: Grounds for Discipline
4303.1.
Outsourcing Facility: License Canceled, Revoked or
Suspended by Operation of Law
4304.
Nonresident Wholesaler: Authority to Discipline
4305.
Disciplinary Grounds: Failure of Pharmacy, Pharmacist
to Notify Board of Termination of Pharmacist-in-Charge;
Continuing to Operate Without Pharmacist
4305.5.
Disciplinary Grounds: Failure of Wholesaler, Veterinary
Food-Animal Drug Retailer or Third-Party Logistics
Provider to Notify Board of Termination of Designated
Representative-in-Charge or Responsible Manager;
Continuing to Operate Without a Designated
Representative-in-Charge or Responsible Manager
4306.
Violation of Professional Corporation Act as
Unprofessional Conduct
4306.5.
Acts or Omissions by Pharmacist: Unprofessional
Conduct
4306.6.
Mitigating Factors for Pharmacist-in-Charge Reporting
Violations of Others
18
4307.
Individuals with Denied, Revoked, Suspended, etc.,
Licenses Prohibited from Pharmacy Ownership or
Association with Board Licensed Entities
4308.
Prohibited Association: Notification of Affected
Licensees Known to Board
4309.
Petition for Reinstatement, etc. of Disciplined License:
Time for Filing; Contents; Investigation; Hearing; Factors
to Be Considered; Effect of Ongoing Criminal Sentence
or Accusation or Petition to Revoke Probation
4310.
Notice of Denial of Application: Petition for Licensure;
Application of Administrative Procedure Act
4311.
Suspension of License for Felony Conviction: Automatic
Suspension; Summary Suspension; Other Suspensions;
Applicable Proceedings
4312.
Voiding License of Entity Remaining Closed: Notice;
Disposition of Stock; Distribution of Proceeds Where
Board Sells Stock
4313.
Evidence of Rehabilitation; Priority of Public Protection
4314.
Orders of Abatement
4315.
Letters of Admonishment
4316.
Cease and Desist Orders
4317.
Action Against Chain Community Pharmacy for Violating
Prohibition on Quotas
4317.5.
Fines for Repeated Violations by Chain Pharmacies
Article 20. Prohibitions and Offenses
Section
4320.
Penalties for Violation of Pharmacy Law: Actions
Authorized; Who May File Actions
4321.
Penalties: Misdemeanors; Infractions
4322.
Misdemeanor or Infraction: False Representations to
Secure License for Self or Others; False Representation
of Licensure; Penalties
4323.
Misdemeanor: False Representation of Self as Physician,
Agent of Physician, etc. to Obtain Drug
19
4324.
Felony or Misdemeanor: Forgery of Prescription;
Possession of Drugs Obtained Through Forged
Prescription
4325.
Misdemeanor: Manufacture, Possession, etc. of False
Prescription Blank
4327.
Misdemeanor: Sale, Dispensing, or Compounding While
under the Influence of Drugs or Alcoholic Beverages
4328.
Misdemeanor: Permitting Compounding, Dispensing, or
Furnishing by Non-Pharmacist
4329.
Misdemeanor: Non-Pharmacist Acting as Manager;
Compounding, Dispensing or Furnishing Drugs
4330.
Misdemeanor: Non-Pharmacist Owner Failing to Place
Pharmacist-in-Charge; Dispensing or Compounding
Except by Pharmacist; Interfering with Pharmacist-in-
Charge
4331.
Misdemeanor: Medical Device Retailer, Wholesaler,
Veterinary Food-Animal Drug Retailer Failing to Place
Pharmacist or Designated Representative-in-Charge;
Permitting Dispensing or Compounding Except by
Pharmacist or Designated Representative
4332.
Misdemeanor: Failure or Refusal to Maintain or Produce
Required Drug or Device Records; Willful Production of
False Records
4333.
Maintaining Prescriptions, Other Drug Records on
Premises, Open to Inspection; Waiver; Willful Failure to
Keep or Permit Inspection of Records of Prescriptions,
Other Records is Misdemeanor
4335.
Knowingly Failing to Arrange for Disposition of Stock of
Closed or Discontinued Business: Misdemeanor
4336.
Felony: Knowing or Willful Use of Minor to Violate
Specified Sections of Pharmacy Law: Exception for
Pharmacist Furnishing Pursuant to a Prescription
4337.
Distribution of Fines Collected
4338.
Additional Fines May be Assessed
20
4339.
Board Action to Enjoin Violation of Pharmacy Law;
Exception for Certain Drugs and Devices
4340.
Unlawful Advertising by Nonresident Pharmacy Not
Registered with Board
4341.
Advertisement of Prescription Drugs or Devices
4342.
Actions by Board to Prevent Sales of Preparations or
Drugs Lacking Quality or Strength; Penalties for Knowing
or Willful Violation of Regulations Governing Those
Sales
4343.
Buildings: Prohibition Against Use of Certain Signs
Unless Licensed Pharmacy Within
Article 21. Pharmacists Recovery Program
Section
4360.
Impaired Pharmacists: Legislative Intent
4361.
Definitions
4362.
Function of Program: Board Referrals; Voluntary,
Confidential Participation
4364.
Criteria for Participation to Be Established by Board
4365.
Contracting with Employee Assistance Program:
Selection
4366.
Function of the Employee Assistance Program
4369.
Board Referrals to Program: Written Information
Provided to Licensee; Termination for Non-Compliance;
Report to Board of Termination When Public Safety
Threatened; Authority to Discipline
4371.
Review of Activities of Program
4372.
Confidential Records; Exception for Disciplinary
Proceeding
4373.
Immunity from Civil Liability
Article 22. Unfair Trade Practices
Section
4380.
Resale of Preferentially Priced Drugs: Prohibition;
Exceptions
21
4381.
Violation of Article as Unfair Competition; Private
Actions Authorized; Triple Damages and Attorneys’
Fees; Proof Required
4382.
Board May Audit Sales to Walk-in Customers
Article 23. Revenue and Renewal
Section
4400.
Fees
4401.
Pharmacist: Biennial Renewal
4402.
Cancellation: of Pharmacist after Non-Renewal for
Three Years; All Other Licenses after 60 Days
4403.
Reissuance without Payment of Fees Prohibited
4404.
Reissuance of Lost or Destroyed License; Proof of Loss,
etc.
4405.
Disposition of Fines
4406.
Report of Fees Collected
4407.
Compensation of Members
4409.
Pharmacist Scholarship Program, Donations
Article 24. Prescription Rates for Medicare
Beneficiaries
Section
4425.
Pharmacy Participation in Medi-Cal Program;
Conditions; Department of Health Care Services
Utilization Review and Monitoring
4426.
Department of Health Services to Study Reimbursement
Rates
4427.65. Locations and Requirements for Operating Automated
Unit Dose System (AUDS)
22
Article 25. Automated Drug Delivery System
Section
4427.
Definitions of Drugs and Devices
4427.1. Requirements for Installation or Operation
4427.2. Licensing Requirements
4427.3. Location Requirements
4427.4. Ownership and Operation by Pharmacy
4427.5. Personnel Training Required
4427.6. Requirements for Using APDS
4427.7. Self-Assessment and Recordkeeping Requirements
4427.8. Report to Legislature during Sunset Process
Other Important Sections of the Business and
Professions Code
Section
31.
Licensee or Applicant Name on Tax Delinquencies List
40.
Expert Consultant Agreement
114.5.
Applicants; Military Service Inquiry
115.4.
Expedited Licensure For Honorably Discharged Member
of the Armed Forces
115.5.
Expedited Licensure Process
125.3.
Recovery of Investigation and Enforcement Costs:
Procedures; Proof; Enforcement
125.9.
Citation and Fine
135.4
Expedited Licensure for Refugees, Asylees, and Special
Immigrant Visa Holders
139.5
License Application Processing Timeframes
144.5.
Authority to Receive Certified Records
148.
Unlicensed Activity
208.
CURES Fee Assessment
209.
CURES Prescription Drug Monitoring Program;
Application and Approval Process
315.2.
Violation of Probation; Order for Licensee to Cease
Practice
315.4.
Order Clinical Diagnostic Evaluation for Licensee
23
460.
Licensed Department of Consumer Affairs Businesses
476.
Licensure/Registration Related to Section 31
480.
Denial of Licenses
494.5.
License Shall Not be Issued, Reactivated, Reinstated, or
Renewed and be Suspended if Named on Certified Tax
Delinquencies List
650.
Rebates or Discounts for Referral Prohibited
650.1.
Lease Prohibition - Hospitals or Prescribers
651.
Professional Advertising Requirements
652.
Violation as Unprofessional Conduct
652.5.
Violation as Misdemeanor
733.
Dispensing Prescription Drugs and Devices
901.
Authorization for Out-of-State Health Practitioners to
Participate in Sponsored Events in California
2242.
Prescribing, Dispensing, or Furnishing Dangerous Drugs
without Prior Examination and Medical Indication
11345.2. Controlling Person for a Registrant
17500. False or Misleading Statements, Generally
24
BUSINESS & PROFESSIONS CODE
CHAPTER 9, DIVISION 2
Article 1. Administration
4000. Chapter Title
This chapter constitutes, and may be cited as, the Pharmacy
Law.
4001. Board of Pharmacy; Appointment; Terms
(a) There is in the Department of Consumer Affairs a California
State Board of Pharmacy in which the administration and
enforcement of this chapter is vested. The board consists of 13
members.
(b) The Governor shall appoint seven pharmacists who are
licensees in good standing and who reside in different parts of
the state to serve as members of the board. The Governor shall
appoint four public members, and the Senate Committee on
Rules and the Speaker of the Assembly shall each appoint a
public member who shall not be a licensee of the board, any
other board under this division, or any board referred to in
Section 1000 or 3600. Each appointing authority has power to
remove from office at any time any member of the board
appointed by that authority pursuant to Section 106.
(c) At least five of the seven pharmacist appointees to the board
shall be pharmacists who are actively engaged in the practice of
pharmacy. Additionally, the membership of the board shall
include at least one pharmacist representative from each of the
following practice settings: an acute care hospital, an
independent community pharmacy, a chain community
pharmacy, a compounding pharmacy specializing in human drug
preparations, and a long-term health care or skilled nursing
facility. The pharmacist appointees shall also include a
pharmacist who is a member of a labor union that represents
25
pharmacists. For the purposes of this subdivision, a “chain
community pharmacy” means a chain of 75 or more stores in
California under the same ownership, and an “independent
community pharmacy” means a pharmacy owned by a person or
entity who owns no more than four pharmacies in California.
(d) Members of the board shall be appointed for a term of four
years. No person shall serve as a member of the board for more
than two consecutive terms. Each member shall hold office until
the appointment and qualification of their successor or until one
year shall have elapsed since the expiration of the term for which
the member was appointed, whichever first occurs. Vacancies
occurring shall be filled by appointment for the unexpired term.
(e) Each member of the board shall receive a per diem and
expenses as provided in Section 103.
(f) This section shall remain in effect only until January 1, 2026,
and as of that date is repealed. Notwithstanding any other law,
the repeal of this section renders the board subject to review by
the appropriate policy committees of the Legislature.
4001.1. Protection of the Public is Board’s Highest Priority
Protection of the public shall be the highest priority for the
California State Board of Pharmacy in exercising its licensing,
regulatory, and disciplinary functions. Whenever the protection
of the public is inconsistent with other interests sought to be
promoted, the protection of the public shall be paramount.
4002. Officers
(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 board.
(b) The principal office of the board shall be located in
Sacramento. The board shall hold a meeting at least once in
every four months. Members of the board may meet by
teleconference pursuant to Section 11123 of the Government
Code. Seven members of the board constitute a quorum.
26
4003. Executive Officer; Records; Revenue
(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 exercise the powers and perform
the duties delegated by the board and vested in them by this
chapter. The executive officer shall not be a member of the
board.
(b) The executive officer shall receive the compensation as
established by the board with the approval of the Director of
Finance. The executive officer shall also be entitled to travel and
other expenses necessary in the performance of their duties.
(c) The executive officer shall maintain and update in a timely
fashion records containing the names, titles, qualifications, and
places of business of all persons subject to this chapter.
(d) The executive officer shall give receipts for all money received
by them and pay it to the department, taking its receipt therefor.
Besides the duties required by this chapter, the executive officer
shall perform other duties pertaining to the office as may be
required of them by the board.
(e) This section shall remain in effect only until January 1, 2026,
and as of that date is repealed.
4004. Teaching by Board Members
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 and in a college of pharmacy.
(b) A teacher of an approved continuing education class as, or
under the control of, an accredited provider of continuing
education.
4005. Adoption of Rules and Regulations
(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 therein shall be the right to
adopt rules and regulations as follows: for the proper and more
27
effective enforcement and administration of this chapter;
pertaining to the practice of pharmacy; relating to the sanitation
of persons and establishments licensed under this chapter;
pertaining to establishments wherein any drug or device is
compounded, prepared, furnished, or dispensed; providing for
standards of minimum equipment for establishments licensed
under this chapter; pertaining to the sale of drugs by or through
any mechanical device; and relating to pharmacy practice
experience necessary for licensure as a pharmacist.
(b) Notwithstanding any provision of this chapter to the
contrary, the board may adopt regulations permitting the
dispensing of drugs or devices in emergency situations, and
permitting dispensing of drugs or devices pursuant to a
prescription of a person licensed to prescribe in a state other
than California where the person, if licensed in California in the
same licensure classification would, under California law, be
permitted to prescribe drugs or devices and where the
pharmacist has first interviewed the patient to determine the
authenticity of the prescription.
(c) The adoption, amendment, or repeal by the board of these
or any other board rules or regulations shall be in accordance
with Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code.
4006. Regulations Restricting Furnishing of Particular Drug
The board may adopt regulations consistent with this chapter
and Section 111485 of the Health and Safety Code or regulations
adopted thereunder, limiting or restricting the furnishing of a
particular drug upon a finding that the otherwise unrestricted
retail sale of the drug pursuant to Section 4057 is dangerous to
the public health or safety.
28
4007. Limitations of Rules
(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 commodities.
(b) Nothing in Section 4005 shall be construed as authorizing the
board to adopt any rule or regulation that would require that a
pharmacist personally perform any function for which the
education, experience, training, and specialized knowledge of a
pharmacist are not reasonably required. However, rules and
regulations may require that the function be performed only
under the effective supervision of a pharmacist who shall have
the overall responsibility for supervising all activities that take
place in the pharmacy.
4008. Inspectors; Authority as Public Officers
(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 the board or the
department’s Division of Investigation, may inspect during
business hours all pharmacies, wholesalers, dispensaries, stores,
or places where drugs or devices are compounded, prepared,
furnished, dispensed, or stored.
(b) Notwithstanding subdivision (a), a pharmacy inspector may
inspect or examine a physician’s office or clinic that does not
have a permit under Section 4180 or 4190 only to the extent
necessary to determine compliance with and to enforce either
Section 4080 or 4081.
(c) (1) (A) A pharmacy inspector employed by the board or in the
department’s Division of Investigation shall have the authority, as
a public officer, to arrest, without warrant, any person whenever
the officer has reasonable cause to believe that the person to be
arrested has, in the officer’s presence, violated a provision of this
chapter or of Division 10 (commencing with Section 11000) of the
Health and Safety Code.
29
(B) If the violation is a felony, or if the arresting officer has
reasonable cause to believe that the person to be arrested has
violated any provision that is declared to be a felony, although no
felony has in fact been committed, the arresting officer may
make an arrest although the violation or suspected violation did
not occur in their presence.
(2) In any case in which an arrest authorized by this subdivision
is made for an offense declared to be a misdemeanor, and the
person arrested does not demand to be taken before a
magistrate, the arresting inspector may, instead of taking the
person before a magistrate, follow the procedure prescribed by
Chapter 5C (commencing with Section 853.5) of Title 3 of Part 2
of the Penal Code. That chapter shall thereafter apply with
reference to any proceeding based upon the issuance of a
citation pursuant to this authority.
(d) There shall be no civil liability on the part of, and no cause of
action shall arise against, a person, acting pursuant to subdivision
(a) within the scope of that person’s authority, for false arrest or
false imprisonment arising out of an arrest that is lawful, or that
the arresting officer, at the time of the arrest, had reasonable
cause to believe was lawful. An inspector shall not be deemed an
aggressor or lose their right to self-defense by the use of
reasonable force to effect the arrest, to prevent escape, or to
overcome resistance.
(e) Any inspector may serve all processes and notices throughout
the state.
(f) A pharmacy inspector employed by the board may enter a
facility licensed pursuant to subdivision (c) or (d) of Section 1250
of the Health and Safety Code to inspect an automated drug
delivery system operated pursuant to Section 4119.
(g) A pharmacy inspector employed by the board may enter the
location, or proposed location, of an automated drug delivery
system to inspect that automated drug delivery system or
proposed location pursuant to Article 25 (commencing with
Section 4427).
30
4009. Board Rules; Exemption From Coverage Under Industrial
Welfare Commission Rules
The board may not adopt or amend any rule or regulation that
thereby would conflict with Section 1186 of the Labor Code.
4010. Immunity of Officers
All authorized officers of the law, while investigating violations
of this chapter in performance of their official duties, and any
person working under their immediate direction, supervision, or
instruction are immune from prosecution under this chapter.
4011. Administration and Enforcement of Uniform Controlled
Substances Act
The board shall administer and enforce this chapter and the
Uniform Controlled Substances Act (Division 10 (commencing
with Section 11000) of the Health and Safety Code).
4012. Board to Provide Copy of Laws or Regulations
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 restricted by this article or by
further rules of the board.
4013. Board licensed Facilities Required to Join Board’s E-Mail
Notification List
(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.
(b) Any facility licensed by the board shall update its email
address with the board’s email notification list within 30 days of a
change in the facility’s email address.
(c) An owner of two or more facilities licensed by the board may
comply with subdivisions (a) and (b) by subscribing a single email
address to the board’s email notification list, where the owner
maintains an electronic notice system within all of its licensed
31
facilities that, upon receipt of an email notification from the
board, immediately transmits electronic notice of the same
notification to all of its licensed facilities. If an owner chooses to
comply with this section by using such an electronic notice
system, the owner shall register the electronic notice system with
the board within 60 days of initial licensure informing the board
of the single email address to be utilized by the owner, describing
the electronic notice system, and listing all facilities to which
immediate notice will be provided. The owner shall update its
email address with the board’s email notification list within 30
days of any change in the owner’s email address.
(d) (1) Each pharmacist, intern pharmacist, pharmacy technician,
designated representative, and designated representative-3PL
licensed in this state shall join the board’s email notification list
within 60 days of obtaining a license or at the time of license
renewal.
(2) Each pharmacist, intern pharmacist, pharmacy technician,
designated representative, and designated representative-3PL
licensed in this state shall update their email address with the
board’s email notification list within 30 days of a change in the
licensee’s email address.
(3) The email address provided by a licensee shall not be posted
on the board’s online license verification system.
(4) The board shall, with each renewal application, remind
licensees of their obligation to report and keep current their
email address with the board’s email notification list.
Article 2. Definitions
4015. Definitions to Govern Construction
For purposes of this chapter, the definitions of the terms in this
article shall govern the construction of this chapter, unless
otherwise indicated.
32
4016. Administer
"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 Practice Pharmacist
“Advanced practice pharmacist” means a licensed pharmacist
who has been recognized as an advanced practice pharmacist by
the board, pursuant to Section 4210. A board-recognized
advanced practice pharmacist is entitled to practice advanced
practice pharmacy, as described in Section 4052.6, within or
outside of a licensed pharmacy as authorized by this chapter.
4017. Authorized Officers of the Law
"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 Public Health, and
investigators of the department's Division of Investigation or
peace officers engaged in official investigations.
4017.3. Automated Drug Delivery System; Automated Unit
Dose System; Automated Patient Dispensing System
(a) An “automated drug delivery system” (ADDS) means a
mechanical system that performs operations or activities, other
than compounding or administration, relative to the storage,
dispensing, or distribution of drugs. An ADDS shall collect,
control, and maintain all transaction information to accurately
track the movement of drugs into and out of the system for
security, accuracy, and accountability.
(b) An “automated unit dose system” (AUDS) is an ADDS for
storage and retrieval of unit doses of drugs for administration to
patients by persons authorized to perform these functions.
(c) An “automated patient dispensing system” (APDS) is an ADDS
for storage and dispensing of prescribed drugs directly to
patients pursuant to prior authorization by a pharmacist.
33
4018. Board
"Board" means the California State Board of Pharmacy.
4019. Chart Order
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 order of a practitioner authorized by
law to prescribe drugs, shall be authorization for the
administration of the drug from hospital floor or ward stocks
furnished by the hospital pharmacy or under licensure granted
under Section 4056, and shall be considered to be a prescription
if the medication is to be furnished directly to the patient by the
hospital pharmacy or another pharmacy furnishing prescribed
drugs for hospital patients; provided that the chart or medical
record of the patient contains all of the information required by
Sections 4040 and 4070 and the order is signed by the
practitioner authorized by law to prescribe drugs, if he or she is
present when the drugs are given. If he or she is not present
when the drugs are given, the order shall be signed either by the
attending physician responsible for the patient's care at the time
the drugs are given to the patient or by the practitioner who
ordered the drugs for the patient on the practitioner's next visit
to the hospital.
4021. Controlled Substance
"Controlled substance" means any substance listed in Chapter 2
(commencing with Section 11053) of Division 10 of the Health
and Safety Code.
4021.5. Correctional Pharmacy
(a) “Correctional pharmacy” means a pharmacy, licensed by the
board, located within a correctional facility for the purpose of
providing drugs to a correctional clinic, as defined in Section
4187, and providing pharmaceutical care to inmates of the
correctional facility.
34
(b) As part of its pharmaceutical care, a correctional pharmacy
may dispense or administer medication pursuant to a chart
order, as defined in Section 4019, or other valid prescription
consistent with this chapter.
4022. Dangerous Drug - Dangerous Device Defined
"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 the legend: "Caution: federal law
prohibits dispensing without prescription," "Rx only," or words of
similar import.
(b) Any device that bears the statement: "Caution: federal law
restricts this device to sale by or on the order of a ____," "Rx
only," or words of similar import, the blank to be filled in with the
designation of the practitioner licensed to use or order use of the
device.
(c) Any other drug or device that by federal or state law can be
lawfully dispensed only on prescription or furnished pursuant to
Section 4006.
4022.5. Designated Representative; Designated
Representative-in-Charge
(a) “Designated representative” means an individual to whom a
license has been granted pursuant to Section 4053. A pharmacist
fulfilling the duties of Section 4053 shall not be required to
obtain a license as a designated representative.
(b) “Designated representative-in-charge” means a designated
representative or designated representative-reverse distributor,
or a pharmacist licensed in the home state proposed by a
wholesaler or veterinary food-animal drug retailer and approved
by the board as the supervisor or manager responsible for
ensuring the wholesaler’s or veterinary food-animal drug
retailer’s compliance with all state and federal laws and
35
regulations pertaining to practice in the applicable license
category.
4022.6. Designated Representative-Reverse Distributor
“Designated representative-reverse distributor” means an
individual to whom a license has been granted pursuant to
Section 4053.2, who is responsible for supervision over a licensed
wholesaler that only acts as a reverse distributor. A pharmacist
fulfilling the duties of Section 4053.2 shall not be required to
obtain a license as a designated representative-reverse
distributor.
4022.7. Designated Representative-3PL; Responsible Manager
(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 Section 4053.1 shall not be
required to obtain a license as a designated representative-3PL.
(b) “Responsible manager” means a designated representative-
3PL selected by a third-party logistics provider and approved by
the board as responsible for ensuring compliance of the licensed
place of business with state and federal laws with respect to
dangerous drugs and dangerous devices received by, stored in, or
shipped from the licensed place of business of the third-party
logistics provider.
4023. Device
"Device" means any instrument, apparatus, machine, implant, in
vitro reagent, or contrivance, including its components, parts,
products, or the byproducts of a device, and accessories that are
used or intended for either of the following:
(a) Use in the diagnosis, cure, mitigation, treatment, or
prevention of disease in a human or any other animal.
(b) To affect the structure or any function of the body of a
human or any other animal.
36
For purposes of this chapter, "device" does not include contact
lenses, or any prosthetic or orthopedic device that does not
require a prescription.
4023.5. Direct Supervision and Control
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 performed by either a pharmacy
technician or intern pharmacist.
4024. Dispense
(a) Except as provided in subdivision (b), "dispense" means the
furnishing of drugs or devices upon a prescription from a
physician, dentist, optometrist, podiatrist, veterinarian, or
naturopathic doctor pursuant to Section 3640.7, or upon an
order to furnish drugs or transmit a prescription from a certified
nurse-midwife, nurse practitioner, physician assistant,
naturopathic doctor pursuant to Section 3640.5, or pharmacist
acting within the scope of his or her practice.
(b) "Dispense" also means and refers to the furnishing of drugs
or devices directly to a patient by a physician, dentist,
optometrist, podiatrist, or veterinarian, or by a certified nurse-
midwife, nurse practitioner, naturopathic doctor, or physician
assistant acting within the scope of his or her practice.
4025. Drug
"Drug" means any of the following:
(a) Articles recognized in the official United States
Pharmacopoeia, official National Formulary or official
Homeopathic Pharmacopoeia of the United States, or any
supplement of any of them.
(b) Articles intended for use in the diagnosis, cure, mitigation,
treatment, or prevention of disease in humans or other animals.
(c) Articles (other than food) intended to affect the structure or
any function of the body of humans or other animals.
37
(d) Articles intended for use as a component of any article
specified in subdivision (a), (b), or (c).
4025.1. Non-Prescription Drug
"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 of the laws and
rules of this state and the federal government.
4025.2. Nonprescription Diabetes Test Device
“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 without a prescription and that is
labeled for use by the consumer in accordance with the
requirements of the laws and rules of this state and the federal
government.
4026. Furnish
"Furnish" means to supply by any means, by sale or otherwise.
4026.5. Good Standing
"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 Part 1 of Division 3 of Title 2
of the Government Code.
4027. Skilled Nursing Facility - Intermediate Care Facility -
Other Health Care Facilities
(a) As used in this chapter, the terms "skilled nursing facility,"
"intermediate care facility," and other references to health
facilities shall be construed with respect to the definitions
contained in Article 1 (commencing with Section 1250) of
Chapter 2 of Division 2 of the Health and Safety Code.
(b) As used in Section 4052.1, "licensed health care facility"
means a facility licensed pursuant to Article 1 (commencing with
38
Section 1250) of Chapter 2 of Division 2 of the Health and Safety
Code or a facility, as defined in Section 1250 of the Health and
Safety Code, operated by a health care service plan licensed
pursuant to Chapter 2.2 (commencing with Section 1340) of
Division 2 of the Health and Safety Code.
(c) As used in Section 4052.2, "health care facility" means a
facility, other than a facility licensed under Division 2
(commencing with Section 1200) of the Health and Safety Code,
that is owned or operated by a health care service plan licensed
pursuant to Chapter 2.2 (commencing with Section 1340) of the
Health and Safety Code, or by an organization under common
ownership or control of the health care service plan; "licensed
home health agency" means a private or public organization
licensed by the State Department of Public Health pursuant to
Chapter 8 (commencing with Section 1725) of Division 2 of the
Health and Safety Code, as further defined in Section 1727 of the
Health and Safety Code; and "licensed clinic" means a clinic
licensed pursuant to Article 1 (commencing with Section 1200) of
Chapter 1 of Division 2 of the Health and Safety Code.
(d) "Licensed health care facility" or "facility," as used in Section
4065, means a health facility licensed pursuant to Article 1
(commencing with Section 1250) of Chapter 2 of Division 2 of the
Health and Safety Code or a facility that is owned or operated by
a health care service plan licensed pursuant to Chapter 2.2
(commencing with Section 1340) of Division 2 of the Health and
Safety Code or by an organization under common ownership or
control with the health care service plan.
4028. Licensed Hospital
"Licensed hospital" means an institution, place, building, or
agency that maintains and operates organized facilities for one or
more persons for the diagnosis, care, and treatment of human
illnesses to which persons may be admitted for overnight stay,
and includes any institution classified under regulations issued by
the State Department of Public Health as a general or specialized
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