Section § 4000

Explanation

This part of the law is known as the Pharmacy Law, which outlines regulations and rules for pharmacies.

This chapter constitutes, and may be cited as, the Pharmacy Law.

Section § 4001

Explanation

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.

(a)CA Business & Professions Code § 4001(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)CA Business & Professions Code § 4001(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)CA Business & Professions Code § 4001(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 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)CA Business & Professions Code § 4001(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)CA Business & Professions Code § 4001(e) Each member of the board shall receive a per diem and expenses as provided in Section 103.
(f)CA Business & Professions Code § 4001(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.

Section § 4001.1

Explanation

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.

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.

Section § 4002

Explanation

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.

(a)CA Business & Professions Code § 4002(a) The board shall elect a president, a vice president, and a treasurer. The officers of the board shall be elected by a majority of the membership of the board.
(b)CA Business & Professions Code § 4002(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.

Section § 4003

Explanation

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.

(a)CA Business & Professions Code § 4003(a) The board, with the approval of the director, may appoint a person exempt from civil service who shall be designated as an executive officer and who shall 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)CA Business & Professions Code § 4003(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)CA Business & Professions Code § 4003(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)CA Business & Professions Code § 4003(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)CA Business & Professions Code § 4003(e) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

Section § 4004

Explanation

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.

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)CA Business & Professions Code § 4004(a) A teacher in a public capacity and in a college of pharmacy.
(b)CA Business & Professions Code § 4004(b) A teacher of an approved continuing education class as, or under the control of, an accredited provider of continuing education.

Section § 4005

Explanation

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.

(a)CA Business & Professions Code § 4005(a) The board may adopt rules and regulations, not inconsistent with the laws of this state, as may be necessary for the protection of the public. Included therein shall be the right to adopt rules and regulations as follows: for the proper and more 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)CA Business & Professions Code § 4005(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)CA Business & Professions Code § 4005(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.

Section § 4006

Explanation

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.

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.

Section § 4007

Explanation

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.

(a)CA Business & Professions Code § 4007(a) Nothing in Section 4005 shall be construed as authorizing the board to adopt rules of professional conduct relating to price fixing or advertising of commodities.
(b)CA Business & Professions Code § 4007(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.

Section § 4008

Explanation

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.

(a)CA Business & Professions Code § 4008(a) Except as provided by Section 159.5, the board may employ legal counsel and inspectors of pharmacy. The inspectors, whether the inspectors are employed by 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)CA Business & Professions Code § 4008(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)Copy CA Business & Professions Code § 4008(c)
(1)Copy CA Business & Professions Code § 4008(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.
(B)CA Business & Professions Code § 4008(c)(1)(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)CA Business & Professions Code § 4008(c)(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)CA Business & Professions Code § 4008(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)CA Business & Professions Code § 4008(e) Any inspector may serve all processes and notices throughout the state.
(f)CA Business & Professions Code § 4008(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)CA Business & Professions Code § 4008(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).

Section § 4009

Explanation

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.

The board may not adopt or amend any rule or regulation that thereby would conflict with Section 1186 of the Labor Code.

Section § 4010

Explanation

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.

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.

Section § 4011

Explanation

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.

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).

Section § 4012

Explanation

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.

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.

Section § 4013

Explanation

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.

(a)CA Business & Professions Code § 4013(a) Any facility licensed by the board shall join the board’s email notification list within 60 days of obtaining a license or at the time of license renewal.
(b)CA Business & Professions Code § 4013(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)CA Business & Professions Code § 4013(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 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)Copy CA Business & Professions Code § 4013(d)
(1)Copy CA Business & Professions Code § 4013(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)CA Business & Professions Code § 4013(d)(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)CA Business & Professions Code § 4013(d)(3) The email address provided by a licensee shall not be posted on the board’s online license verification system.
(4)CA Business & Professions Code § 4013(d)(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.