2022 LAWBOOK FOR PHARMACY

specifying in a prominent location in easily readable type size

what procedures were performed on that patient is a violation of

subdivision (a). Any "before" and "after" views (i) shall be

comparable in presentation so that the results are not distorted

by favorable poses, lighting, or other features of presentation,

and (ii) shall contain a statement that the same "before" and

"after" results may not occur for all patients.

(4) Relates to fees, other than a standard consultation fee or a

range of fees for specific types of services, without fully and

specifically disclosing all variables and other material factors.

(5) Contains other representations or implications that in

reasonable probability will cause an ordinarily prudent person to

misunderstand or be deceived.

(6) Makes a claim either of professional superiority or of

performing services in a superior manner, unless that claim is

relevant to the service being performed and can be substantiated

with objective scientific evidence.

(7) Makes a scientific claim that cannot be substantiated by

reliable, peer reviewed, published scientific studies.

(8) Includes any statement, endorsement, or testimonial that is

likely to mislead or deceive because of a failure to disclose

material facts.

phrases, including, but not limited to, "as low as," "and up,"

"lowest prices," or words or phrases of similar import. Any

advertisement that refers to services, or costs for services, and

that uses words of comparison shall be based on verifiable data

substantiating the comparison. Any person so advertising shall

be prepared to provide information sufficient to establish the

accuracy of that comparison. Price advertising shall not be

fraudulent, deceitful, or misleading, including statements or

advertisements of bait, discount, premiums, gifts, or any

statements of a similar nature. In connection with price

advertising, the price for each product or service shall be clearly

identifiable. The price advertised for products shall include

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charges for any related professional services, including

dispensing and fitting services, unless the advertisement

specifically and clearly indicates otherwise.

(d) Any person so licensed shall not compensate or give

anything of value to a representative of the press, radio,

television, or other communication medium in anticipation of, or

in return for, professional publicity unless the fact of

compensation is made known in that publicity.

(e) Any person so licensed may not use any professional card,

professional announcement card, office sign, letterhead,

telephone directory listing, medical list, medical directory listing,

or a similar professional notice or device if it includes a statement

or claim that is false, fraudulent, misleading, or deceptive within

the meaning of subdivision (b).

(f) Any person so licensed who violates this section is guilty of a

misdemeanor. A bona fide mistake of fact shall be a defense to

this subdivision, but only to this subdivision.

(g) Any violation of this section by a person so licensed shall

constitute good cause for revocation or suspension of his or her

license or other disciplinary action.

(h) Advertising by any person so licensed may include the

following:

(1) A statement of the name of the practitioner.

(2) A statement of addresses and telephone numbers of the

offices maintained by the practitioner.

(3) A statement of office hours regularly maintained by the

practitioner.

(4) A statement of languages, other than English, fluently

spoken by the practitioner or a person in the practitioner's office.

(5)

(A) A statement that the practitioner is certified by a private

or public board or agency or a statement that the practitioner

limits his or her practice to specific fields.

(i) For the purposes of this section, a dentist licensed under

Chapter 4 (commencing with Section 1600) may not hold himself

or herself out as a specialist, or advertise membership in or

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specialty recognition by an accrediting organization, unless the

practitioner has completed a specialty education program

approved by the American Dental Association and the

Commission on Dental Accreditation, is eligible for examination

by a national specialty board recognized by the American Dental

Association, or is a diplomate of a national specialty board

recognized by the American Dental Association.

(ii) A dentist licensed under Chapter 4 (commencing with

Section 1600) shall not represent to the public or advertise

accreditation either in a specialty area of practice or by a board

not meeting the requirements of clause (i) unless the dentist has

attained membership in or otherwise been credentialed by an

accrediting organization that is recognized by the board as a

bona fide organization for that area of dental practice. In order

to be recognized by the board as a bona fide accrediting

organization for a specific area of dental practice other than a

specialty area of dentistry authorized under clause (i), the

organization shall condition membership or credentialing of its

members upon all of the following:

(I) Successful completion of a formal, full-time advanced

education program that is affiliated with or sponsored by a

university based dental school and is beyond the dental degree at

a graduate or postgraduate level.

(II) Prior didactic training and clinical experience in the specific

area of dentistry that is greater than that of other dentists.

(III) Successful completion of oral and written examinations

based on psychometric principles.

(iii) Notwithstanding the requirements of clauses (i) and (ii), a

dentist who lacks membership in or certification, diplomate

status, other similar credentials, or completed advanced training

approved as bona fide either by an American Dental Association

recognized accrediting organization or by the board, may

announce a practice emphasis in any other area of dental

practice only if the dentist incorporates in capital letters or some

other manner clearly distinguishable from the rest of the

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announcement, solicitation, or advertisement that he or she is a

general dentist.

(iv) A statement of certification by a practitioner licensed under

Chapter 7 (commencing with Section 3000) shall only include a

statement that he or she is certified or eligible for certification by

a private or public board or parent association recognized by that

practitioner's licensing board.

(B) A physician and surgeon licensed under Chapter 5

(commencing with Section 2000) by the Medical Board of

California may include a statement that he or she limits his or her

practice to specific fields, but shall not include a statement that

he or she is certified or eligible for certification by a private or

public board or parent association, including, but not limited to, a

multidisciplinary board or association, unless that board or

association is (i) an American Board of Medical Specialties

member board, (ii) a board or association with equivalent

requirements approved by that physician and surgeon's licensing

board, or (iii) a board or association with an Accreditation Council

for Graduate Medical Education approved postgraduate training

program that provides complete training in that specialty or

subspecialty. A physician and surgeon licensed under Chapter 5

(commencing with Section 2000) by the Medical Board of

California who is certified by an organization other than a board

or association referred to in clause (i), (ii), or (iii) shall not use the

term "board certified" in reference to that certification, unless

the physician and surgeon is also licensed under Chapter 4

(commencing with Section 1600) and the use of the term "board

certified" in reference to that certification is in accordance with

subparagraph (A). A physician and surgeon licensed under

Chapter 5 (commencing with Section 2000) by the Medical Board

of California who is certified by a board or association referred to

in clause (i), (ii), or (iii) shall not use the term "board certified"

unless the full name of the certifying board is also used and given

comparable prominence with the term "board certified" in the

statement. For purposes of this subparagraph, a multidisciplinary

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board or association" means an educational certifying body that

has a psychometrically valid testing process, as determined by

the Medical Board of California, for certifying medical doctors

and other health care professionals that is based on the

applicant's education, training, and experience.

For purposes of the term "board certified," as used in this

subparagraph, the terms "board" and "association" mean an

organization that is an American Board of Medical Specialties

member board, an organization with equivalent requirements

approved by a physician and surgeon's licensing board, or an

organization with an Accreditation Council for Graduate Medical

Education approved postgraduate training program that provides

complete training in a specialty or subspecialty. The Medical

Board of California shall adopt regulations to establish and collect

a reasonable fee from each board or association applying for

recognition pursuant to this subparagraph. The fee shall not

exceed the cost of administering this subparagraph.

Notwithstanding Section 2 of Chapter 1660 of the Statutes of

1990, this subparagraph shall become operative July 1, 1993.

However, an administrative agency or accrediting organization

may take any action contemplated by this subparagraph relating

to the establishment or approval of specialist requirements on

and after January 1, 1991.

(commencing with Section 2000) by the Medical Board of

California may include a statement that he or she is certified or

eligible or qualified for certification by a private or public board

or parent association, including, but not limited to, a

multidisciplinary board or association, if that board or association

meets one of the following requirements:

(i) is approved by the Council on Podiatric Medical Education,

(ii) is a board or association with equivalent requirements

approved by the California Board of Podiatric Medicine, or (iii) is

a board or association with the Council on Podiatric Medical

Education approved postgraduate training programs that provide

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training in podiatric medicine and podiatric surgery. A doctor of

podiatric medicine licensed under Chapter 5 (commencing with

Section 2000) by the Medical Board of California who is certified

by a board or association referred to in clause (i), (ii), or (iii) shall

not use the term "board certified" unless the full name of the

certifying board is also used and given comparable prominence

with the term "board certified" in the statement. A doctor of

podiatric medicine licensed under Chapter 5 (commencing with

Section 2000) by the Medical Board of California who is certified

by an organization other than a board or association referred to

in clause (i), (ii), or (iii) shall not use the term "board certified" in

reference to that certification.

For purposes of this subparagraph, a "multidisciplinary board or

association" means an educational certifying body that has a

psychometrically valid testing process, as determined by the

California Board of Podiatric Medicine, for certifying doctors of

podiatric medicine that is based on the applicant's education,

training, and experience. For purposes of the term "board

certified," as used in this subparagraph, the terms "board" and

"association" mean an organization that is a Council on Podiatric

Medical Education approved board, an organization with

equivalent requirements approved by the California Board of

Podiatric Medicine, or an organization with a Council on Podiatric

Medical Education approved postgraduate training program that

provides training in podiatric medicine and podiatric surgery.

The California Board of Podiatric Medicine shall adopt

regulations to establish and collect a reasonable fee from each

board or association applying for recognition pursuant to this

subparagraph, to be deposited in the State Treasury in the

Podiatry Fund, pursuant to Section 2499. The fee shall not

exceed the cost of administering this subparagraph.

(6) A statement that the practitioner provides services under a

specified private or public insurance plan or health care plan.

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(7) A statement of names of schools and postgraduate clinical

training programs from which the practitioner has graduated,

together with the degrees received.

(8) A statement of publications authored by the practitioner.

(9) A statement of teaching positions currently or formerly held

by the practitioner, together with pertinent dates.

(10) A statement of his or her affiliations with hospitals or

clinics.

(11) A statement of the charges or fees for services or

commodities offered by the practitioner.

(12) A statement that the practitioner regularly accepts

installment payments of fees.

(13) Otherwise lawful images of a practitioner, his or her

physical facilities, or of a commodity to be advertised.

(14) A statement of the manufacturer, designer, style, make,

trade name, brand name, color, size, or type of commodities

advertised.

(15) An advertisement of a registered dispensing optician may

include statements in addition to those specified in paragraphs

(1) to (14), inclusive, provided that any statement shall not

violate subdivision (a), (b), (c), or (e) or any other section of this

code.

(16) A statement, or statements, providing public health

information encouraging preventative or corrective care.

(17) Any other item of factual information that is not false,

fraudulent, misleading, or likely to deceive.

(i) Each of the healing arts boards and examining committees

within Division 2 shall adopt appropriate regulations to enforce

this section in accordance with Chapter 3.5 (commencing with

Section 11340) of Part 1 of Division 3 of Title 2 of the

Government Code.

Each of the healing arts boards and committees and examining

committees within Division 2 shall, by regulation, define those

efficacious services to be advertised by businesses or professions

under their jurisdiction for the purpose of determining whether

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advertisements are false or misleading. Until a definition for that

service has been issued, no advertisement for that service shall

be disseminated. However, if a definition of a service has not

been issued by a board or committee within 120 days of receipt

of a request from a licensee, all those holding the license may

advertise the service. Those boards and committees shall adopt

or modify regulations defining what services may be advertised,

the manner in which defined services may be advertised, and

restricting advertising that would promote the inappropriate or

excessive use of health services or commodities. A board or

committee shall not, by regulation, unreasonably prevent

truthful, nondeceptive price or otherwise lawful forms of

advertising of services or commodities, by either outright

prohibition or imposition of onerous disclosure requirements.

However, any member of a board or committee acting in good

faith in the adoption or enforcement of any regulation shall be

deemed to be acting as an agent of the state.

(j) The Attorney General shall commence legal proceedings in

the appropriate forum to enjoin advertisements disseminated or

about to be disseminated in violation of this section and seek

other appropriate relief to enforce this section. Notwithstanding

any other provision of law, the costs of enforcing this section to

the respective licensing boards or committees may be awarded

against any licensee found to be in violation of any provision of

this section. This shall not diminish the power of district

attorneys, county counsels, or city attorneys pursuant to existing

law to seek appropriate relief.

(k) A physician and surgeon or doctor of podiatric medicine

licensed pursuant to Chapter 5 (commencing with Section 2000)

by the Medical Board of California who knowingly and

intentionally violates this section may be cited and assessed an

administrative fine not to exceed ten thousand dollars ($10,000)

per event. Section 125.9 shall govern the issuance of this citation

and fine except that the fine limitations prescribed in paragraph

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(3) of subdivision (b) of Section 125.9 shall not apply to a fine

under this subdivision.

652. Violation as Unprofessional Conduct

Violation of this article in the case of a licensed person

constitutes unprofessional conduct and grounds for suspension

or revocation of his or her license by the board by whom he or

she is licensed, or if a license has been issued in connection with

a place of business, then for the suspension or revocation of the

place of business in connection with which the violation occurs.

The proceedings for suspension or revocation shall be conducted

in accordance with Chapter 5 (commencing with Section 11500)

of Part 1 of Division 3 of Title 2 of the Government Code, and

each board shall have all the powers granted therein. However,

in the case of a licensee of the State Department of Health

Services, the proceedings shall be conducted in accordance with

Section 110171 of the Health and Safety Code. In addition, any

violation constitutes a misdemeanor as to any and all persons

offering, delivering, receiving, accepting, or participating in any

rebate, refund, commission, preference, patronage dividend,

unearned discount, or consideration, whether or not licensed

under this division, and is punishable by imprisonment in the

county jail not exceeding six months, by a fine not exceeding two

thousand five hundred dollars ($2,500), or by both the

imprisonment and fine.

652.5. Violation as Misdemeanor

Except as otherwise provided in this article, any violation of this

article constitutes a misdemeanor as to any and all persons,

whether or not licensed under this division, and is punishable by

imprisonment in the county jail not exceeding six months, or by a

fine not exceeding two thousand five hundred dollars ($2,500), or

by both the imprisonment and fine.

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733. Dispensing Prescription Drugs and Devices

(a) A licentiate shall not obstruct a patient in obtaining a

prescription drug or device that has been legally prescribed or

ordered for that patient. A violation of this section constitutes

unprofessional conduct by the licentiate and shall subject the

licentiate to disciplinary or administrative action by his or her

licensing agency.

(b) Notwithstanding any other law, a licentiate shall dispense

drugs and devices, as described in subdivision (a) of Section 4024,

pursuant to a lawful order or prescription unless one of the

following circumstances exists:

(1) Based solely on the licentiate’s professional training and

judgment, dispensing pursuant to the order or the prescription is

contrary to law, or the licentiate determines that the prescribed

drug or device would cause a harmful drug interaction or would

otherwise adversely affect the patient’s medical condition.

(2) The prescription drug or device is not in stock. If an order,

other than an order described in Section 4019, or prescription

cannot be dispensed because the drug or device is not in stock,

the licentiate shall take one of the following actions:

(A) Immediately notify the patient and arrange for the drug or

device to be delivered to the site or directly to the patient in a

timely manner.

(B) Promptly transfer the prescription to another pharmacy

known to stock the prescription drug or device that is near

enough to the site from which the prescription or order is

transferred, to ensure the patient has timely access to the drug

or device.

The licentiate shall make a reasonable effort to refer the patient

to a pharmacy that stocks the prescription drug or device that is

near enough to the referring site to ensure that the patient has

timely access to the drug or device.

(3) The licentiate refuses on ethical, moral, or religious grounds

to dispense a drug or device pursuant to an order or prescription.

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A licentiate may decline to dispense a prescription drug or device

on this basis only if the licentiate has previously notified his or

her employer, in writing, of the drug or class of drugs to which he

or she objects, and the licentiate’s employer can, without

creating undue hardship, provide a reasonable accommodation

of the licentiate’s objection. The licentiate’s employer shall

establish protocols that ensure that the patient has timely access

to the prescribed drug or device despite the licentiate’s refusal to

dispense the prescription or order. For purposes of this section,

“reasonable accommodation” and “undue hardship” shall have

the same meaning as applied to those terms pursuant to

subdivision (l) of Section 12940 of the Government Code.

device” has the same meaning as the definition in Section 4022.

(d) This section applies to emergency contraception drug

therapy and self-administered hormonal contraceptives

described in Section 4052.3.

(e) This section imposes no duty on a licentiate to dispense a

drug or device pursuant to a prescription or order without

payment for the drug or device, including payment directly by

the patient or through a third-party payer accepted by the

licentiate or payment of any required copayment by the patient.

(f) The notice to consumers required by Section 4122 shall

include a statement that describes patients’ rights relative to the

requirements of this section.

901. Authorization for Out-of-State Health Practitioner to

Participate in Sponsored Events in California

(a) For purposes of this section, the following provisions apply:

(1) “Board” means the applicable healing arts board, under this

division or an initiative act referred to in this division, responsible

for the licensure or regulation in this state of the respective

health care practitioners.

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(2) “Health care practitioner” means any person who engages in

acts that are subject to licensure or regulation under this division

or under any initiative act referred to in this division.

(3) “Sponsored event” means an event, not to exceed 10

calendar days, administered by either a sponsoring entity or a

local government, or both, through which health care is provided

to the public without compensation to the health care

practitioner.

(4) “Sponsoring entity” means a nonprofit organization

organized pursuant to Section 501(c)(3) of the Internal Revenue

Code or a community-based organization.

(5) “Uninsured or underinsured person” means a person who

does not have health care coverage, including private coverage

or coverage through a program funded in whole or in part by a

governmental entity, or a person who has health care coverage,

but the coverage is not adequate to obtain those health care

services offered by the health care practitioner under this

section.

(b) A health care practitioner licensed or certified in good

standing in another state, district, or territory of the United

States who offers or provides health care services for which he or

she is licensed or certified is exempt from the requirement for

licensure if all of the following requirements are met:

(1) Prior to providing those services, he or she does all of the

following:

(A) Obtains authorization from the board to participate in the

sponsored event after submitting to the board a copy of his or

her valid license or certificate from each state in which he or she

holds licensure or certification and a photographic identification

issued by one of the states in which he or she holds licensure or

certification. The board shall notify the sponsoring entity, within

20 calendar days of receiving a request for authorization,

whether that request is approved or denied, provided that, if the

board receives a request for authorization less than 20 days prior

to the date of the sponsored event, the board shall make

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reasonable efforts to notify the sponsoring entity whether that

request is approved or denied prior to the date of that sponsored

event.

(B) Satisfies the following requirements:

(i) The health care practitioner has not committed any act or

been convicted of a crime constituting grounds for denial of

licensure or registration under Section 480 and is in good

standing in each state in which he or she holds licensure or

certification.

(ii) The health care practitioner has the appropriate education

and experience to participate in a sponsored event, as

determined by the board.

(iii) The health care practitioner shall agree to comply with all

applicable practice requirements set forth in this division and the

regulations adopted pursuant to this division.

request for authorization to practice without a license, and pays

a fee, in an amount determined by the board by regulation,

which shall be available, upon appropriation, to cover the cost of

developing the authorization process and processing the request.

(2) The services are provided under all of the following

circumstances:

(A) To uninsured or underinsured persons.

(B) On a short-term voluntary basis, not to exceed a 10-

calendar-day period per sponsored event.

subdivision (d).

(D) Without charge to the recipient or to a third party on behalf

of the recipient.

to practice without a license if the health care practitioner fails to

comply with this section or for any act that would be grounds for

denial of an application for licensure.

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(d) A sponsoring entity seeking to provide, or arrange for the

provision of, health care services under this section shall do both

of the following:

(1) Register with each applicable board under this division for

which an out-of-state health care practitioner is participating in

the sponsored event by completing a registration form that shall

include all of the following:

(A) The name of the sponsoring entity.

(B) The name of the principal individual or individuals who are

the officers or organizational officials responsible for the

operation of the sponsoring entity.

the sponsoring entity’s principal office and each individual listed

pursuant to subparagraph (B).

(D) The telephone number for the principal office of the

sponsoring entity and each individual listed pursuant to

subparagraph (B).

(E) Any additional information required by the board.

(2) Provide the information listed in paragraph (1) to the county

health department of the county in which the health care

services will be provided, along with any additional information

that may be required by that department.

(e) The sponsoring entity shall notify the board and the county

health department described in paragraph (2) of subdivision (d)

in writing of any change to the information required under

subdivision (d) within 30 calendar days of the change.

(f) Within 15 calendar days of the provision of health care

services pursuant to this section, the sponsoring entity shall file a

report with the board and the county health department of the

county in which the health care services were provided. This

report shall contain the date, place, type, and general description

of the care provided, along with a listing of the health care

practitioners who participated in providing that care.

(g) The sponsoring entity shall maintain a list of health care

practitioners associated with the provision of health care services

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under this section. The sponsoring entity shall maintain a copy of

each health care practitioner’s current license or certification and

shall require each health care practitioner to attest in writing that

his or her license or certificate is not suspended or revoked

pursuant to disciplinary proceedings in any jurisdiction. The

sponsoring entity shall maintain these records for a period of at

least five years following the provision of health care services

under this section and shall, upon request, furnish those records

to the board or any county health department.

(h) A contract of liability insurance issued, amended, or

renewed in this state on or after January 1, 2011, shall not

exclude coverage of a health care practitioner or a sponsoring

entity that provides, or arranges for the provision of, health care

services under this section, provided that the practitioner or

entity complies with this section.

(i) Subdivision (b) shall not be construed to authorize a health

care practitioner to render care outside the scope of practice

authorized by his or her license or certificate or this division.

(j) (1) The board may terminate authorization for a health care

practitioner to provide health care services pursuant to this

section for failure to comply with this section, any applicable

practice requirement set forth in this division, any regulations

adopted pursuant to this division, or for any act that would be

grounds for discipline if done by a licensee of that board.

(2) The board shall provide both the sponsoring entity and the

health care practitioner with a written notice of termination

including the basis for that termination. The health care

practitioner may, within 30 days after the date of the receipt of

notice of termination, file a written appeal to the board. The

appeal shall include any documentation the health care

practitioner wishes to present to the board.

(3) A health care practitioner whose authorization to provide

health care services pursuant to this section has been terminated

shall not provide health care services pursuant to this section

unless and until a subsequent request for authorization has been

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approved by the board. A health care practitioner who provides

health care services in violation of this paragraph shall be

deemed to be practicing health care in violation of the applicable

provisions of this division, and be subject to any applicable

administrative, civil, or criminal fines, penalties, and other

sanctions provided in this division.

(k) The provisions of this section are severable. If any provision

of this section or its application is held invalid, that invalidity shall

not affect other provisions or applications that can be given

effect without the invalid provision or application.

(l) This section shall remain in effect only until January 1, 2018,

and as of that date is repealed, unless a later enacted statute,

that is enacted before January 1, 2018, deletes or extends that

date.

2242. Prescribing, Dispensing or Furnishing Dangerous Drugs

without Prior Examination and Medical Indication

(a) Prescribing, dispensing, or furnishing dangerous drugs as

defined in Section 4022 without an appropriate prior

examination and a medical indication, constitutes unprofessional

conduct. An appropriate prior examination does not require a

synchronous interaction between the patient and the licensee

and can be achieved through the use of telehealth, including, but

not limited to, a self-screening tool or a questionnaire, provided

that the licensee complies with the appropriate standard of care.

(b) No licensee shall be found to have committed unprofessional

conduct within the meaning of this section if, at the time the

drugs were prescribed, dispensed, or furnished, any of the

following applies:

(1) The licensee was a designated physician and surgeon or

podiatrist serving in the absence of the patient’s physician and

surgeon or podiatrist, as the case may be, and if the drugs were

prescribed, dispensed, or furnished only as necessary to maintain

the patient until the return of the patient’s practitioner, but in

any case no longer than 72 hours.

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(2) The licensee transmitted the order for the drugs to a

registered nurse or to a licensed vocational nurse in an inpatient

facility, and if both of the following conditions exist:

(A) The practitioner had consulted with the registered nurse or

licensed vocational nurse who had reviewed the patient’s

records.

(B) The practitioner was designated as the practitioner to serve

in the absence of the patient’s physician and surgeon or

podiatrist, as the case may be.

(3) The licensee was a designated practitioner serving in the

absence of the patient’s physician and surgeon or podiatrist, as

the case may be, and was in possession of or had utilized the

patient’s records and ordered the renewal of a medically

indicated prescription for an amount not exceeding the original

prescription in strength or amount or for more than one refill.

(4) The licensee was acting in accordance with Section 120582

of the Health and Safety Code.

11345.2. Controlling Person for a Registrant

(a) An individual shall not act as a controlling person for a

registrant if any of the following apply:

(1) The individual has entered a plea of guilty or no contest to,

or been convicted of, a felony. If the individual’s felony

conviction has been dismissed pursuant to Section 1203.4,

1203.4a, 1203.41, 1203.42, or 1203.425 of the Penal Code, the

bureau may allow the individual to act as a controlling person.

(2) The individual has had a license or certificate to act as an

appraiser or to engage in activities related to the transfer of real

property refused, denied, canceled, or revoked in this state or

any other state.

(b) Any individual who acts as a controlling person of an

appraisal management company and who enters a plea of guilty

or no contest to, or is convicted of, a felony, or who has a license

or certificate as an appraiser refused, denied, canceled, or

revoked in any other state shall report that fact or cause that fact

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to be reported to the office, in writing, within 10 days of the date

the individual has knowledge of that fact.

17500. False or Misleading Statements, Generally

It is unlawful for any person, firm, corporation or association, or

any employee thereof with intent directly or indirectly to dispose

of real or personal property or to perform services, professional

or otherwise, or anything of any nature whatsoever or to induce

the public to enter into any obligation relating thereto, to make

or disseminate or cause to be made or disseminated before the

public in this state, or to make or disseminate or cause to be

made or disseminated from this state before the public in any

state, in any newspaper or other publication, or any advertising

device, or by public outcry or proclamation, or in any other

manner or means whatever, including over the Internet, any

statement, concerning that real or personal property or those

services, professional or otherwise, or concerning any

circumstance or matter of fact connected with the proposed

performance or disposition thereof, which is untrue or

misleading, and which is known, or which by the exercise of

reasonable care should be known, to be untrue or misleading, or

for any person, firm, or corporation to so make or disseminate or

cause to be so made or disseminated any such statement as part

of a plan or scheme with the intent not to sell that personal

property or those services, professional or otherwise, so

advertised at the price stated therein, or as so advertised. Any

violation of the provisions of this section is a misdemeanor

punishable by imprisonment in the county jail not exceeding six

months, or by a fine not exceeding two thousand five hundred

dollars ($2,500), or by both that imprisonment and fine.

377

CALIFORNIA CODE OF REGULATIONS

DIVISION 17, TITLE 16

Article 1. General Provisions

Section

1702.

Pharmacist Renewal Requirements

1702.1.

Renewal Requirements for Individual Licensees Other

Than Pharmacists

1702.5.

Renewal Requirements for Premises or Facilities

1703.

Delegation of Certain Functions

1704.

Change of Address

1705.

Notification of Bankruptcy, Receivership or Liquidation

1706.

Words of Similar Import

1706.1.

Permit Processing Times

1706.2.

Abandonment of Application Files

1706.5.

Experimental Programs

Article 2. Pharmacies

Section

1707.

Waiver Requirements for Off-Site Storage of Records

1707.1.

Duty to Maintain Medication Profiles (Patient

Medication Records)

1707.2.

Duty to Consult

1707.3.

Duty to Review Drug Therapy and Patient Medication

Record Prior to Delivery

1707.4.

Procedures for Refill Pharmacies

1707.5.

Patient-Centered Labels for Prescription Drug

Containers; Requirements

1707.6.

Notice to Consumers

1708.2.

Discontinuance of Business

1708.3.

Radioactive Drugs

1708.4.

Pharmacist Handling Radioactive Drugs

1708.5.

Pharmacy Furnishing Radioactive Drugs

1709.

Names of Owners and Pharmacist-in-Charge

378

1709.1.

Designation of Pharmacist-in-Charge

1710.

Hospital Pharmacy

1711.

Quality Assurance Programs

1712.

Use of Pharmacist Identifiers

1713.

Receipt and Delivery of Prescriptions and Prescription

Medications Must be To or From Licensed Pharmacy

1714.

Operational Standards and Security

1714.1.

Pharmacy Operations during Temporary Absence of a

Pharmacist

1714.3

Community Pharmacy Staffing

1714.5.

Dangerous Drugs and Devices Exempt from Provisions

of Chapter 9, Division 2 of the Business and Professions

Code

1715.

Self-Assessment of a Pharmacy by the Pharmacist-in-

Charge

1715.1.

Self-Assessment of an Automated Drug Delivery System

by the Pharmacist-in-Charge

1715.5.

Implementation of Electronic Monitoring of Schedule II

Prescriptions

1715.6.

Reporting Drug Loss

1715.65. Inventory Reconciliation Report of Controlled

Substances

1716.

Variation from Prescriptions

1717.

Pharmacy Practice

1717.1. Common Electronic Files

1717.3. Preprinted, Multiple Checkoff Prescription Blanks

1717.4. Electronic Transmission of Prescriptions

1718.

Current Inventory Defined

1718.1. Manufacturer’s Expiration Date

Article 3. Pharmacist Candidates

Section

1719.

Recognized Schools of Pharmacy

1720.

Application for Pharmacist Examination and Licensure

1720.1. Graduates of Foreign Pharmacy Schools

1721.

Dishonest Conduct during Examination

379

1723.1.

Confidentiality of Examination Questions

1724.

Passing Grade in Pharmacist Examination

1725.

Acceptable Pharmacy Coursework for Examination

Candidates with Four Failed Attempts

1726.

Supervision of Intern Pharmacists

1727.1.

Intern Address Not Available on Internet

1727.2.

Requirements for Pharmacist Intern

1728.

Requirements for Examination

Article 3.5. Advanced Practice Pharmacist

Section

1730.

Acceptable Certification Programs

1730.1.

Application Requirements for Advanced Practice

Pharmacist Licensure

1730.2.

Certification Programs

1731.

Experimental Programs

Article 4. Continuing Education

Section

1732.

Definitions

1732.05. Accreditation Agencies for Continuing Education

1732.1. Requirements for Accredited Providers

1732.2. Board Accredited Continuing Education

1732.3. Requirements for Continuing Education Courses

1732.4. Provider Audit Requirements

1732.5. Renewal Requirements for Pharmacist

1732.6. Exemptions

1732.7. Complaint Mechanism

Article 4.5 Compounding

Section

1735.

Compounding in Licensed Pharmacies

1735.1. Compounding Definitions

1735.2. Compounding Limitations and Requirements; Self -

Assessment

1735.3. Recordkeeping of Compounded Drug Preparations

1735.4. Labeling of Compounded Drug Preparations

380

1735.5.

Compounding Policies and Procedures

1735.6.

Compounding Facilities and Equipment

1735.7.

Training of Compounding Staff

1735.8.

Compounding Quality Assurance

Article 5. Dangerous Drugs

Section

1744.

Drug Warnings

1745.

Partial Filling of Schedule II Prescriptions

1746.

Emergency Contraception

1746.1.

Protocol for Pharmacists Furnishing Self-Administered

Hormonal Contraception

1746.2.

Protocol for Pharmacists Furnishing Nicotine

Replacement Products

1746.3.

Protocol for Pharmacists Furnishing Naloxone

Hydrochloride

1746.4.

Pharmacists Initiating and Administering Vaccines

1746.5.

Pharmacists Furnishing Travel Medications

1747.

Independent HIV Preexposure and Postexposure

Prophylaxis Furnishing.

Article 6. Fees

Section

1749.

Fee Schedule

Article 7. Sterile Compounding

Section

1751.

Sterile Compounding; Compounding Area; Self-

Assessment

1751.1.

Sterile Compounding Recordkeeping Requirements

1751.2.

Sterile Compounding Labeling Requirements

1751.3.

Sterile Compounding Policies and Procedures

1751.4.

Facility and Equipment Standards for Sterile

Compounding

1751.5.

Sterile Compounding Attire

1751.6.

Sterile Compounding Consultation; Training of Sterile

Compounding Staff

381

1751.7. Sterile Compounding Quality Assurance and Process

Validation

1751.8. Beyond Use Dating for Sterile Compounded Drug

Preparations

1751.9. Single-Dose and Multi-Dose Containers; Limitations on

Use

1751.10. Sterile Compounding Reference Materials

Article 7.5. Furnishing for Home Administrations

Section

1752.

Furnishing to Parenteral Patient at Home

1753.

Furnishing to Home Health Agencies and Licensed

Hospices

1754.

Obligations of a Pharmacy Furnishing Portable

Containers

Article 8. Prohibitions and Discipline

Section

1760.

Disciplinary Guidelines

1761.

Erroneous or Uncertain Prescriptions

1764.

Unauthorized Disclosure of Prescriptions

1765.

Commissions, Gratuities, and Rebates

1766.

False or Misleading Advertising

1768.

Denial of Application - Reapplication

1769.

Criteria for Rehabilitation

1770.

Substantial Relationship Criteria

1771.

Posting of Notice of Suspension

1772.

Disciplinary Condition of Suspension

1773.

Disciplinary Conditions of Probation of Pharmacist

1773.5.

Ethics Course Required as Condition of Probation

1774.

Disciplinary Conditions of Probation of Permit

Article 9. Citations and Fines

Section

1775.

Issuing Citations

1775.1.

Amount of Fines

1775.2.

Factors Considered

382

1775.3. Compliance with Orders of Abatement

1775.4. Contested Citations

Article 9.1. Prescription Drug Take-Back Services

Section

1776.

Prescription Drug Take-Back Services: Authorization

1776.1.

Pharmacies

1776.2.

Pharmacies Offering Mail Back Envelope or Package

Services

1776.3.

Collection Receptacles in Pharmacies

1776.4.

Drug Take-Back Services in Skilled Nursing Facilities

1776.5.

Reverse Distributors

1776.6.

Record Keeping Requirements for Board Licensees

Providing Drug Take-Back Services

Article 10. Dangerous Drug Distributors

Section

1780.

Minimum Standards for Wholesalers and Third-Party

Logistics Providers

1780.1.

Minimum Standards for Veterinary Food-Animal Drug

Retailers

1781.

Pharmacist or Designated Representative on Premises

and In Control

1782.

Reporting Sales of Drugs Subject to Abuse

1783.

Manufacturer, Wholesaler, or Third-Party Logistics

Provider Furnishing Drugs or Devices

1784.

Self-Assessment of a Wholesaler by the Designated

Representative-in-Charge

383

Article 10.1. Home Dialysis Drugs and Devices

Section

1787.

Authorization to Distribute Hemodialysis Drugs and

Devices

1790.

Assembling and Packaging

1791.

Labeling

1792.

Receipt for Shipment

Article 11. Ancillary Personnel

Section

1793.

Definitions

1793.1.

Duties of a Pharmacist

1793.2.

Duties of a Pharmacy Technician

1793.3.

Other Non-Licensed Pharmacy Personnel

1793.5.

Pharmacy Technician Application

1793.6.

Training Courses Specified by the Board

1793.7.

Requirements for Pharmacies Employing Pharmacy

Technicians

1793.8. Technicians in Hospitals with Clinical Pharmacy Programs

384

CALIFORNIA CODE OF REGULATIONS

DIVISION 17, TITLE 16

Article 1. General Provisions

1702. Pharmacist Renewal Requirements

(a) A pharmacist applicant for renewal who has not previously

submitted fingerprints as a condition of licensure or for whom an

electronic record of the licensee's fingerprints does not exist in

the Department of Justice's criminal offender record

identification database shall successfully complete a state and

federal level criminal offender record information search

conducted through the Department of Justice by the licensee's or

registrant’s renewal date.

(1) A pharmacist shall retain for at least three years as evidence

of having complied with subdivision (a) either a receipt showing

that he or she has electronically transmitted his or her fingerprint

images to the Department of Justice or, for those who did not

use an electronic fingerprinting system, a receipt evidencing that

his or her fingerprints were recorded and submitted to the

board.

(2) A pharmacist applicant for renewal shall pay the actual cost

of compliance with subdivision (a).

(3) As a condition of petitioning the board for reinstatement of a

revoked or surrendered license, or for restoration of a retired

license, an applicant shall comply with subdivision (a).

(4) The board may waive the requirements of this section for

licensees who are actively serving in the United States military.

The board may not return a license to active status until the

licensee has complied with subdivision (a).

(b) As a condition of renewal, a pharmacist applicant shall

disclose on the renewal form whether he or she has been

convicted, as defined in Section 490 of the Business and

Professions Code, of any violation of the law in this or any other

385

state, the United States, or other country, since his or her last

renewal. Traffic infractions not involving alcohol, dangerous

drugs, or controlled substances do not need to be disclosed.

disclose on the renewal form any disciplinary action against any

license issued to the applicant by a government agency. For the

purposes of this section, “disciplinary action” means an adverse

licensure or certification action that resulted in a restriction or

penalty being placed on the license, such as revocation,

suspension, probation or public reprimand or reproval.

(d) As a condition of renewal, a pharmacist applicant shall

disclose whether he or she has complied with all continuing

education requirements to renew his or her pharmacist or

advanced practice pharmacist license as required by section

1732.5.

(e) Failure to provide under penalty of perjury all of the

information required by this section renders an application for

renewal incomplete and the board shall not renew the license

and shall issue the applicant an inactive pharmacist license. An

inactive pharmacist license issued pursuant to this section may

only be reactivated after compliance is confirmed for all licensure

renewal requirements.

Note: Authority cited: Sections 4001.1 and 4005, Business and

Professions Code. Reference: Sections 141, 490, 4036, 4200.5,

4207, 4231, 4300, 4301, 4301.5, 4311 and 4400, Business and

Professions Code; and Sections 11105(b)(10) and 11105(e), Penal

Code.

1702.1. Renewal Requirements for Individual Licensees Other

Than Pharmacists.

This section applies to the renewal of any license held by an

individual licensee, other than an individual licensed as a

pharmacist or an advanced practice pharmacist.

(a) A licensee applying for renewal who has not previously

submitted fingerprints as a condition of licensure or for whom an

386

electronic record of the licensee’s fingerprints does not exist in

the Department of Justice’s criminal offender record

identification database shall successfully complete a state and

federal level criminal offender record information search

conducted through the Department of Justice by the licensee’s or

registrant’s renewal date that occurs on or after January 1, 2018.

(1) The licensee shall retain for at least three years as evidence

of having complied with subdivision (a) either a receipt showing

that he or she has electronically transmitted his or her fingerprint

images to the Department of Justice or, for those who did not

use an electronic fingerprinting system, a receipt evidencing that

his or her fingerprints were recorded and submitted to the

board.

(2) The licensee for renewal shall pay the actual cost of

compliance with subdivision (a).

(3) As a condition of petitioning the board for reinstatement of a

revoked or surrendered license an applicant shall comply with

subdivision (a).

(4) The board may waive the requirements of this section for

licensees who are actively serving in the United States military.

The board may not return a license to active status until the

licensee has complied with subdivision (a).

(b) As a condition of renewal, the licensee shall disclose on the

renewal form whether he or she has been convicted, as defined

in Section 490 of the Business and Professions Code, of any

violation of the law in this or any other state, the United States,

or other country, since his or her last renewal. Traffic infractions

not involving alcohol, dangerous drugs, or controlled substances

do not need to be disclosed.

renewal form any disciplinary action against any license issued to

the applicant by a government agency. For the purposes of this

section, “disciplinary action” means an adverse licensure or

certification action that resulted in a restriction or penalty

387

against the license or certification such as revocation,

suspension, probation or public reprimand or reproval.

(d) Failure to provide under penalty of perjury all of the

information required by this section renders an application for

renewal incomplete and the board shall not renew the license

until the licensee demonstrates compliance with all

requirements.

Authority cited: Sections 4001.1 and 4005, Business and

Professions Code. Reference: Sections 141, 490, 4022.5, 4022.6,

4022.7, 4032, 4038, 4053, 4115, 4202, 4202.5, 4207, 4300, 4301

and 4400, Business and Professions Code; and Sections

11105(b)(10) and 11105(e), Penal Code.

1702.5. Renewal Requirements for Premises or Facilities

This section applies to the renewal of any license held by a

premises or facility.

(a) As a condition of renewal, an applicant seeking renewal of a

premises or facility license shall report to the board any

disciplinary action taken by any government agency since the

issuance or last renewal of the license. Failure to provide

information required by this section shall render an application

for renewal incomplete, and the board shall not renew the

license until such time as the information is provided.

(b) For purposes of this section, “disciplinary action” means any

adverse licensure or certification action that resulted in a

restriction or penalty against the license or certification. Such

actions include revocation, suspension, probation or public

reprimand or reproval.

Authority cited: Section 4005, Business and Professions Code.

Reference: Sections 141, 4021.5, 4029, 4034, 4037, 4041, 4043,

4044.3, 4107, 4112, 4161, 4300, 4301, 4302, 4303, 4303.1 and

4316, Business and Professions Code.

388

1703. Delegation of Certain Functions

The power and discretion conferred by law upon the board to

receive and file accusations; issue notices of hearing, statements

to respondent and statements of issues; receive and file notices

of defense; determine the time and place of hearings under

Section 11508 of the Government Code; set and calendar cases

for hearing and perform other functions necessary to the

business-like dispatch of the business of the board in connection

with proceedings under the provisions of Sections 11500 through

11528 of the Government Code, prior to the hearing of such

proceedings; the certification and delivery or mailing of copies of

decisions under Section 11518 of said code; and issue summary

suspension orders or notices of suspension under Section 4311 of

the Business and Professions Code; make changes to its

regulations without regulatory effect pursuant to Title 1,

California Code of Regulations Section 100; and approve waivers

pursuant to Section 4076.5(e) of the Business and Professions

Code are hereby delegated to and conferred upon the executive

officer, or, in his or her absence from the office of the board, the

acting executive officer.

Authority cited: Section 4005, Business and Professions Code.

Reference: Sections 4003 and 4311, Business and Professions

Code.

1704. Change of Address

Each person holding a certificate, license, permit, registration or

exemption to practice or engage in any activity in the State of

California under any and all laws administered by the Board shall

file a proper and current residence address with the Board at its

office in Sacramento and shall within 30 days notify the Board at

its said office of any and all changes of residence address, giving

both the old and new address.

Authority cited: Section 4005, Business and Professions Code.

Reference: Sections 4003 and 4100, Business and Professions

Code.

389

1705. Notification of Bankruptcy, Receivership or Liquidation

Any pharmacy, wholesaler, or manufacturer who makes any

assignment for the benefit of creditors or enters into any creditor

compromise arrangement, or who files a petition in bankruptcy,

or who has a receiver appointed, or who enters into any

liquidation or other arrangement which may result in the sale or

transfer of drugs, devices or appliances which are required to be

sold by a registered pharmacist or other licensee, shall notify the

Board immediately in writing of such fact, and shall set forth the

following information, if known:

(a) Date of sale or transfer of such drugs, devices or appliances;

(b) Name and address of purchaser;

disposition;

(d) Location of records of manufacture, sale, purchase, and

disposition of dangerous drugs and devices.

Authority cited: Section 4005, Business and Professions Code.

Reference: Sections 4005, 4024, 4080, 4081 and 4332, Business

and Professions Code.

1706. Words of Similar Import

The words "Prescription," "Prescription Service," "Medication,"

"Prescribed Medication," and "Medicinals" are words of similar

or like import to those enumerated in Section 4343, Business and

Professions Code.

Authority cited: Section 4005, Business and Professions Code.

Reference: Section 4005.

1706.1 Permit Processing Times

"Permit" as defined by the Permit Reform Act of 1981 means any

license, certificate, registration, permit or any other form of

authorization required by a state agency to engage in a particular

activity or act. Processing times for the board's various programs

are set forth below. The actual processing times apply to those

persons who take and pass the first available examination.

390

License or

Maximum

Actual License or

registration

Time in Days

Time in

Processing Time in

type

for

Days after

Days

Notification

Filing a

Based on Two-Year

That an

Complete

Compilation

Application

Incomplete

in Which

or Deficient;

the Board

Min Med Max

and What is

Will Notify

Needed to

Applicant of

Correct the

Decision

Deficiency

Pharmacist

167 2,192

License

Foreign

154 549 1,047

Graduate

Application

Intern

Permit

Pharmacy

305

Permit

Clinic Permit

325

Non-

12* 56* 122*

Resident

Pharmacy

Permit

391

License or

Maximum

Actual License or

registration

Time in Days

Time in

Processing Time in

type

for

Days after

Days

Notification

Filing a

Based on Two-Year

That an

Complete

Compilation

Application

Incomplete

in Which

or Deficient;

the Board

Min Med Max

and What is

Will Notify

Needed to

Applicant of

Correct the

Decision

Deficiency

Exemption

185

Certificate

Hypodermic

258

Distributor’s

Permit

Wholesale

605

Drug Permit

Medical

Device

Retailer

Permit

Medical

Device

Retailer

Warehouse

Permit

Out-of-State

265

Distributor

Permit

392

*This registration program began January 1, 1989, thus the data

are for only one ½ years.

Authority cited: Section 4005, Business and Professions Code.

Reference: Section 15376, Government Code.

1706.2. Abandonment of Application Files

(a) An applicant for a premises license who fails to complete all

application requirements within 60 days after being notified by

the board of deficiencies in his, her or its file, may be deemed to

have abandoned the application and may be required to file a

new application and meet all of the requirements in effect at the

time of reapplication.

(b) An applicant for an individual license not included in

subdivision (c), (d), or (e) who fails to complete all application

requirements within 60 days after being notified by the board of

deficiencies in his or her file, may be deemed to have abandoned

the application and may be required to file a new application and

meet all of the requirements which are in effect at the time of

reapplication.

pharmacist required by subdivision (f)(1) of section 1749 of this

Division within 12 months after being notified by the board of his

or her eligibility shall be deemed to have abandoned the

application and must file a new application and be in compliance

with the requirements in effect at the time of reapplication.

(d) An applicant to take the pharmacist licensure examinations

who fails to take the examinations within 12 months of being

deemed eligible, shall be deemed to have abandoned the

application and must file a new application in compliance with all

of the requirements in effect at the time of reapplication.

(e) An applicant for an intern pharmacist license who fails to

complete all application requirements within one year after

being notified by the board of deficiencies in his or her file, may

be deemed to have abandoned the application and may be

393

required to file a new application and meet all of the

requirements which are in effect at the time of reapplication.

Authority cited: Section 4005, Business and Professions Code.

Reference: Sections 4022.5, 4029, 4030, 4034, 4034.5, 4037,

4041, 4043, 4044.3, 4045, 4053, 4110, 4112, 4115, 4120, 4127.1,

4127.15, 4141, 4160, 4161, 4180, 4190, 4200, 4201, 4202,

4202.5, 4203, 4203.5, 4204, 4205, 4208, and 4210, Business and

Professions Code.

Article 2. Pharmacies

1707. Waiver Requirements for Off-Site Storage of Records

(a) Pursuant to subdivision (e) of Section 4105 of the Business

and Professions Code and subdivision (c) of Section 4333 of the

Business and Professions Code, a waiver may, on a case-by-case

basis, be granted to any entity licensed by the board for storage

of the records outside the licensed area of the pharmacy

described in subdivisions (a), (b) and (c) of Section 4105 of the

Business and Professions Code. The board may consider space

limitations within the pharmacy, cost, previous compliance with

records requirements, ease of access to records stored outside of

the licensed area, and any other factor presented by the licensee

in making its determine.

(b) An entity that is granted a waiver pursuant to subdivision (a)

shall:

(1) maintain the storage area so that the records are secure,

including from unauthorized access; and

(2) be able to produce the records within two business days

upon the request of the board or an authorized officer of the law.

conditions set forth in subdivision (b), the board may cancel the

waiver without a hearing. Upon notification by the board of

cancellation of the waiver, the licensee shall maintain all records

at the licensed premises.

394

(d) A licensee whose waiver has been cancelled pursuant to the

provisions set forth in subsection (c) may reapply to the board

when compliance with the conditions set forth in subsection (b)

can be confirmed by the board.

(e) Notwithstanding any waiver granted pursuant to subdivision

(a), all prescription records for noncontrolled substances shall be

maintained on the licensed premises for a period of one year

from the date of dispensing.

(f) Notwithstanding any waiver granted pursuant to subdivision

(a), all prescription records for controlled substances shall be

maintained on the licensed premises for a period of two years

from the date of dispensing.

(g) Notwithstanding the requirements of this section, any entity

licensed by the board may store the records described in

subdivisions (a), (b) and (c) of Section 4105 of the Business and

Professions Code in a storage area at the same address or

adjoining the licensed premises without obtaining a waiver from

the board if the following conditions are met:

(1) The records are readily accessible to the pharmacist-in-

charge (or other pharmacist on duty, or designated

representative) and upon request to the board or any authorized

officer of the law.

(2) The storage area is maintained so that the records are secure

and so that the confidentiality of any patient-related information

is maintained.

Authority cited: Section 4005, Business and Professions Code.

Reference: Sections 4081, 4105 and 4333, Business and

Professions Code.

1707.1. Duty to Maintain Medication Profiles (Patient

Medication Records).

(a) A pharmacy shall maintain medication profiles on all patients

who have prescriptions filled in that pharmacy except when the

pharmacist has reasonable belief that the patient will not

continue to obtain prescription medications from that pharmacy.

395

(1) A patient medication record shall be maintained in an

automated data processing or manual record mode such that the

following information is readily retrievable during the pharmacy's

normal operating hours.

(A) The patient's full name and address, telephone number,

date of birth (or age) and gender;

(B) For each prescription dispensed by the pharmacy:

(1). The name, strength, dosage form, route of administration, if

other than oral, quantity and directions for use of any drug

dispensed;

(2). The prescriber's name and where appropriate, license

number, DEA registration number or other unique identifier;

(3). The date on which a drug was dispensed or refilled;

(4). The prescription number for each prescription; and

(5). The information required by section 1717.

patient allergies, idiosyncrasies, current medications and relevant

prior medications including nonprescription medications and

relevant devices, or medical conditions which are communicated

by the patient or the patient's agent.

(D) Any other information which the pharmacist, in his or her

professional judgment, deems appropriate.

(2) The patient medication record shall be maintained for at

least one year from the date when the last prescription was

filled.

Authority cited: Sections 4005, 4121 and 4122, Business and

Professions Code. Reference: Sections 4005, 4121 and 4122,

Business and Professions Code.

396

1707.2. Duty to Consult.

(a) A pharmacist shall provide oral consultation to his or her

patient or the patient's agent in all settings:

(1) upon request;

(2) whenever the pharmacist deems it warranted in the exercise

of his or her professional judgment;

(3) whenever the prescription drug has not previously been

dispensed to a patient; or

(4) whenever a prescription drug not previously dispensed to a

patient in the same dosage form, strength or with the same

written directions, is dispensed by the pharmacy.

(b)(1) When the patient or patient’s agent is not present

(including, but not limited to, a prescription drug that was

shipped by mail or delivery), a pharmacy shall ensure that:

(A) the patient receives written notice of his or her right to

request consultation;

(B) the patient receives written notice of the hours of availability

and the telephone number from which the patient may obtain

oral consultation from a pharmacist who has ready access to the

patient's record; and

patient’s agency during any regular hours of operation, within an

average of ten (10) minutes or less, unless a return call is

scheduled to occur within one business hour, (ii) for no less than

six days per week, and (iii) for a minimum of 40 hours per week.

(2) A pharmacist is not required by this subsection to provide

oral consultation to an inpatient of a health care facility licensed

pursuant to section 1250 of the Health and Safety Code, or to an

inmate of an adult correctional facility or a juvenile detention

facility, except upon the patient's discharge. A pharmacist is not

obligated to consult about discharge medications if a health

facility licensed pursuant to subdivision (a) or (b) of Health and

Safety Code Section 1250 has implemented a written policy

about discharge medications which meets the requirements of

Business and Professions Code Section 4074.

397

the following:

(1) directions for use and storage and the importance of

compliance with directions; and

(2) precautions and relevant warnings, including common

severe side or adverse effects or interactions that may be

encountered.

(d) Whenever a pharmacist deems it warranted in the exercise

of his or her professional judgment, oral consultation shall also

include:

(1) the name and description of the medication;

(2) the route of administration, dosage form, dosage, and

duration of drug therapy

(3) any special directions for use and storage;

(4) precautions for preparation and administration by the

patient, including techniques for self-monitoring drug therapy;

(5) prescription refill information;

(6) therapeutic contraindications, avoidance of common severe

side or adverse effects or known interactions, including serious

potential interactions with known nonprescription medications

and therapeutic contraindications and the action required if such

side or adverse effects or interactions or therapeutic

contraindications are present or occur;

(7) action to be taken in the event of a missed dose.

(e) Notwithstanding the requirements set forth in subsection (a)

and (b), a pharmacist is not required to provide oral consultation

when a patient or the patient's agent refuses such consultation.

Authority cited: Sections 4005, 4076 and 4112, Business and

Professions Code. Reference: Sections 4005, 4076 and 4112,

Business and Professions Code.

1707.3. Duty to Review Drug Therapy and Patient Medication

Record Prior to Delivery.

Prior to consultation as set forth in section 1707.2, a pharmacist

shall review a patient's drug therapy and medication record

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before each prescription drug is delivered. The review shall

include screening for severe potential drug therapy problems.

Authority cited: Sections 4005, 4121 and 4122, Business and

Professions Code. Reference: Sections 4005, 4074, 4121 and

4122, Business and Professions Code.

1707.4. Procedures for Refill Pharmacies.

(a) A pharmacy licensed by the board may process a request for

refill of a prescription received by a pharmacy within this state,

provided:

(1) The pharmacy that is to refill the prescription either has a

contract with the pharmacy which received the prescription or

has the same owner as the other pharmacy.

(2) The prescription container:

(A) is clearly labeled with all information required by Section

4076 of the Business and Professions Code; and

(B) clearly shows the name and address of the pharmacy

refilling the prescription and/or the name and address of the

pharmacy which receives the refilled prescription for dispensing

to the patient.

(3) The patient is provided with written information, either on

the prescription label or with the prescription container, that

describes which pharmacy to contact if the patient has any

questions about the prescription or medication.

(4) Both pharmacies maintain complete and accurate records of

the refill, including:

(A) the name of the pharmacist who refilled the prescription;

(B) the name of the pharmacy refilling the prescription; and

(5) The pharmacy which refills the prescription and the

pharmacy to which the refilled prescription is provided for

dispensing to the patient shall each be responsible for ensuring

the order has been properly filled.

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2022 LAWBOOK FOR PHARMACY - page 10