PharmacyAdministration
Section § 4000
This part of the law is known as the Pharmacy Law, which outlines regulations and rules for pharmacies.
Section § 4001
This law establishes the California State Board of Pharmacy in the Department of Consumer Affairs, responsible for overseeing pharmacy regulation. The board has 13 members, including pharmacists and public members appointed by the Governor, Senate, and Assembly Speaker. At least five of the seven pharmacists must actively work in pharmacy and represent various practice settings like hospitals and community pharmacies. Board members serve four-year terms and can be reappointed once. They are paid for their service and expenses. This law is set to be reviewed or end by January 1, 2026.
Section § 4001.1
The California State Board of Pharmacy's top concern is keeping the public safe. If protecting the public ever clashes with other goals or interests the Board wants to support, public protection must always come first.
Section § 4002
This law requires the board to elect its own officers, including a president, vice president, and treasurer, through a majority vote by the board members. The board's main office is situated in Sacramento, and it must meet at least every four months. Meetings can be held via teleconference, and seven members are needed to make up a quorum, which is the minimum number required to conduct business.
Section § 4003
This law explains the roles and responsibilities of an executive officer appointed by a board, with the approval of a director. The executive officer handles various administrative duties, such as keeping records of those subject to the chapter and managing finances. The position is outside of civil service, and the officer cannot be a board member. The statute includes details about compensation and duties, and it is set to expire on January 1, 2026.
Section § 4004
Board members in the field of pharmacy are not allowed to teach unless they are teaching in a public capacity at a recognized pharmacy college or providing approved continuing education through an accredited provider.
Section § 4005
This law allows the pharmacy board to make rules and regulations to protect the public, ensuring pharmacies operate correctly. They can set standards for sanitation, equipment, and the way drugs are prepared and sold. The board can also create rules for selling drugs in emergencies and for accepting prescriptions from other states, as long as a pharmacist confirms the prescription's authenticity. Any changes to these rules must follow a specific procedure outlined in government regulations.
Section § 4006
This law allows the board to make rules that control or limit the sale of certain drugs if they find that selling them without restrictions could harm public health or safety.
Section § 4007
This law clarifies that the board cannot make rules about price fixing or advertising for goods. It also states that pharmacists shouldn't be required to do tasks that don't need their special skills, but those tasks can still be done under their supervision.
Section § 4008
This law allows the board to hire legal and pharmacy inspectors who can inspect places dealing with drugs and medical devices during business hours. Inspectors can also check certain medical offices for specific compliance. They have the power to arrest someone without a warrant if a law is broken in their presence. Arrests for misdemeanors can be handled with citations. No civil lawsuits can be filed against inspectors acting within their role if they reasonably believe an arrest is lawful. Inspectors can serve legal documents state-wide and inspect automated drug systems in licensed facilities.
Section § 4009
This law says that the board is not allowed to make or change any rules that would go against Section 1186 of the Labor Code.
Section § 4010
This law gives legal protection to law enforcement officers and their assistants from being prosecuted for any actions they take while investigating violations related to this chapter, as long as they are carrying out their official duties.
Section § 4011
This law section states that the board is responsible for implementing and upholding the rules in this chapter, as well as overseeing the regulations under the Uniform Controlled Substances Act, which starts with Section 11000 of the Health and Safety Code.
Section § 4012
If you ask, the board must give you a copy of the rules about dangerous drugs that are limited by this article or their further rules.
Section § 4013
If you run a facility or are a licensed pharmacy professional in California, you need to join the state board's email list soon after you get your license or when you renew it. Make sure to update your email with the board within 30 days if it changes. If you own multiple facilities, you can use one email address for all, but you must keep the board informed and use a system to notify each facility promptly when emails arrive. This system must be registered with the board, and any changes to the email must be updated. Licensees shouldn't worry about their email being publicly posted, but the board will remind them to keep their contact details current at renewal time.