Section § 4187

Explanation

This law defines key terms related to healthcare facilities and staff within correctional institutions in California. A 'correctional clinic' refers to clinics run by the state for providing healthcare to prisoners. 'Chief executive officer' is the top healthcare administrator, while 'chief medical executive' is the lead doctor and 'chief nurse executive' is the top nurse at these clinics. A 'supervising dentist' is the highest-ranking dentist. Additionally, a 'licensed correctional clinic' is specifically a clinic that meets state licensing requirements.

For purposes of this article the following terms shall have the following meanings:
(a)CA Business & Professions Code § 4187(a) “Correctional clinic” means a primary care clinic, as referred to in subdivision (b) of Section 1206 of the Health and Safety Code, conducted, maintained, or operated by the state to provide health care to eligible patients of the Department of Corrections and Rehabilitation.
(b)CA Business & Professions Code § 4187(b) “Chief executive officer” means the highest ranking health care administrator at a correctional institution.
(c)CA Business & Professions Code § 4187(c) “Chief medical executive” means a physician and surgeon acting in the capacity of medical director within the correctional institution.
(d)CA Business & Professions Code § 4187(d) “Chief nurse executive” means the highest ranking nurse within the correctional institution.
(e)CA Business & Professions Code § 4187(e) “Licensed correctional clinic” means a correctional clinic that is licensed pursuant to this article.
(f)CA Business & Professions Code § 4187(f) “Supervising dentist” means the highest ranking dentist within the correctional institution.

Section § 4187.1

Explanation

This law says that correctional clinics in California, which are approved facilities within prisons, can get drugs from certain sources like correctional pharmacies or the Department of Corrections and Rehabilitation’s Central Fill Pharmacy. This is allowed to help with the treatment of inmates either under a doctor's orders or special health protocols for inmates. Only qualified professionals like doctors, dentists, or pharmacists can dispense these drugs, and they need to follow specific rules about prescriptions and labeling. Correctional clinics must keep detailed records about the drugs they handle for at least three years, and these records must be available for inspections. Before a correctional clinic can operate under these rules, it must have a license, and each clinic location needs its own license that can’t be transferred or used elsewhere. Any change in the clinic’s address must be reported to the authorities in advance.

(a)CA Business & Professions Code § 4187.1(a) Notwithstanding any other provision of this chapter, a correctional clinic licensed by the board under this article may obtain drugs from a licensed correctional pharmacy, the Department of Corrections and Rehabilitation’s Central Fill Pharmacy, or from another correctional clinic licensed by the board under this article within the same institution for the administration or dispensing of drugs or devices to patients eligible for care at the correctional facility if under either:
(1)CA Business & Professions Code § 4187.1(a)(1) The direction of a physician and surgeon, dentist, or other person lawfully authorized to prescribe.
(2)CA Business & Professions Code § 4187.1(a)(2) An approved protocol as identified within the statewide Inmate Medical Services Policies and Procedures.
(b)CA Business & Professions Code § 4187.1(b) The dispensing or administering of drugs in a correctional clinic may be performed pursuant to a chart order, as defined in Section 4019, a valid prescription consistent with this chapter, or pursuant to an approved protocol as identified within the statewide Inmate Medical Services Policies and Procedures. The dispensing of drugs in a correctional clinic shall only be performed by a physician and surgeon, a dentist, a pharmacist, or other person lawfully authorized to dispense drugs. Medications dispensed to patients that are to be kept on the patient’s person for use shall meet the labeling requirements of Section 4076 and all recordkeeping requirements of this chapter.
(c)CA Business & Professions Code § 4187.1(c) A correctional clinic shall keep records of the kind and amounts of drugs acquired, administered, transferred, and dispensed. The records shall be available and maintained for a minimum of three years for inspection by all properly authorized personnel.
(d)Copy CA Business & Professions Code § 4187.1(d)
(1)Copy CA Business & Professions Code § 4187.1(d)(1) A correctional clinic shall not be entitled to the benefits of this section until it has obtained a license from the board.
(2)CA Business & Professions Code § 4187.1(d)(2) A separate license shall be required for each correctional clinic location and shall not be transferrable.
(3)CA Business & Professions Code § 4187.1(d)(3) A correctional clinic’s location and address shall be identified by correctional institution and building within that correctional institution.
(4)CA Business & Professions Code § 4187.1(d)(4) A clinic shall notify the board in advance of any change in the clinic’s address on a form furnished by the board.

Section § 4187.2

Explanation

This section outlines the rules for creating pharmacy service policies in correctional clinics, which must be approved by a central committee. These policies need signatures from key staff before a clinic license is given. The chief executive officer handles pharmacy service operations, while the pharmacist ensures policy compliance. If there's a change in the chief executive officer, it must be reported within 30 days. Additionally, a pharmacist must inspect the clinic at least every three months.

(a)CA Business & Professions Code § 4187.2(a) The policies and procedures to implement the laws and regulations of this article within a correctional clinic shall be developed and approved by the statewide Correctional Pharmacy and Therapeutics Committee referenced in Section 5024.2 of the Penal Code. Prior to the issuance of a correctional clinic license by the board, an acknowledgment shall be signed by the correctional facility pharmacist-in-charge servicing that institution, the pharmacist-in-charge for the Department of Corrections and Rehabilitation’s Central Fill Pharmacy, and the correctional clinic’s chief medical executive, supervising dentist, chief nurse executive, and chief executive officer.
(b)Copy CA Business & Professions Code § 4187.2(b)
(1)Copy CA Business & Professions Code § 4187.2(b)(1) The chief executive officer shall be responsible for the safe, orderly, and lawful provision of pharmacy services. The pharmacist-in-charge of servicing the correctional facility shall implement the policies and procedures developed and approved by the statewide Correctional Pharmacy and Therapeutics Committee referenced in Section 5024.2 of the Penal Code and the California Correctional Health Care Services Health Care Department Operations Manual in conjunction with the chief executive officer, the chief medical executive, the supervising dentist, and the chief nurse executive.
(2)CA Business & Professions Code § 4187.2(b)(2) A licensed correctional clinic shall notify the board within 30 days of any change in the chief executive officer on a form furnished by the board.
(c)CA Business & Professions Code § 4187.2(c) A correctional clinic shall be inspected at least quarterly by a pharmacist of the correctional pharmacy assigned to service that facility.

Section § 4187.3

Explanation

This law permits healthcare staff at a licensed correctional clinic to give out certain controlled substances—specifically those listed as Schedule II through V. They can do this if they have either a chart order, a valid prescription that follows the rules set out in this chapter, or if it’s according to a pre-approved protocol from the statewide Inmate Medical Services Policies and Procedures.

A Schedule II, III, IV, or V controlled substance may be administered by health care staff of the licensed correctional clinic lawfully authorized to administer pursuant to a chart order, as defined in Section 4019, a valid prescription consistent with this chapter, or pursuant to an approved protocol as identified within the statewide Inmate Medical Services Policies and Procedures.

Section § 4187.4

Explanation
The board can visit a correctional clinic whenever they want to check if it's following the rules outlined in this article.
The board shall have the authority to inspect a correctional clinic at any time in order to determine whether a correctional clinic is, or is not, operating in compliance with this article.

Section § 4187.5

Explanation

This law allows automated drug delivery systems in correctional clinics, ensuring they follow detailed procedures for safety, security, and accuracy. Pharmacists must authorize drug removals after reviewing prescriptions unless urgent circumstances arise that require immediate medication dispensing. The system needs regular monthly reviews by a pharmacist for maintenance and accuracy, and stocking must be done under a licensed pharmacist's supervision. Automated systems must be operated by licensed correctional pharmacies, which retain ownership of drugs until they are dispensed. Only authorized individuals can handle these medications, ensuring accountability.

(a)CA Business & Professions Code § 4187.5(a) An automated drug delivery system, as defined in subdivision (h), may be located in a correctional clinic licensed by the board under this article. If an automated drug delivery system is located in a correctional clinic, the correctional clinic shall implement the statewide Correctional Pharmacy and Therapeutics Committee’s policies and procedures and the California Correctional Health Care Services Health Care Department Operations Manual to ensure safety, accuracy, accountability, security, patient confidentiality, and maintenance of the quality, potency, and purity of drugs. All policies and procedures shall be maintained either in electronic form or paper form at the location where the automated drug system is being used.
(b)CA Business & Professions Code § 4187.5(b) Drugs shall be removed from the automated drug delivery system upon authorization by a pharmacist after the pharmacist has reviewed the prescription and the patient profile for potential contraindications and adverse drug reactions. Where administration of the drug is necessary before a pharmacist has reviewed the prescription, and if, in the prescriber’s professional judgment, delay in therapy may cause patient harm, a medication may be removed from the automated drug delivery system and administered or furnished to a patient under the direction of the prescriber. Where the drug is otherwise unavailable, a medication may be removed and administered or furnished to the patient pursuant to an approved protocol as identified within the California Correctional Health Care Services Health Care Department Operations Manual. Any removal of medication from an automated drug delivery system shall be documented and provided to the correctional pharmacy when it reopens.
(c)CA Business & Professions Code § 4187.5(c) Drugs removed from the automated drug delivery system shall be provided to the patient by a health professional licensed pursuant to this division who is lawfully authorized to perform that task.
(d)CA Business & Professions Code § 4187.5(d) The stocking of an automated drug delivery system shall be performed by either:
(1)CA Business & Professions Code § 4187.5(d)(1) A pharmacist.
(2)CA Business & Professions Code § 4187.5(d)(2) An intern pharmacist or pharmacy technician, acting under the supervision of a pharmacist.
(e)CA Business & Professions Code § 4187.5(e) Review of the drugs contained within, and the operation and maintenance of, the automated drug delivery system shall be the responsibility of the correctional clinic. The review shall be conducted on a monthly basis by a pharmacist and shall include a physical inspection of the drugs in the automated drug delivery system, an inspection of the automated drug delivery system machine for cleanliness, and a review of all transaction records in order to verify the security and accountability of the system.
(f)CA Business & Professions Code § 4187.5(f) The automated drug delivery system shall be operated by a licensed correctional pharmacy. Any drugs within an automated drug delivery system are considered owned by the licensed correctional pharmacy until they are dispensed from the automated drug delivery system.
(g)CA Business & Professions Code § 4187.5(g) Drugs from the automated drug delivery system in a correctional clinic shall only be removed by a person authorized to stock the automated drug delivery system, or by a person lawfully authorized to administer or dispense the drugs.
(h)CA Business & Professions Code § 4187.5(h) For purposes of this section, an “automated drug delivery system” means a mechanical system controlled remotely by a pharmacist that performs operations or activities, other than compounding or administration, relative to the storage, dispensing, or distribution of prepackaged dangerous drugs or dangerous devices. An automated drug delivery system shall collect, control, and maintain all transaction information to accurately track the movement of drugs into and out of the system for security, accuracy, and accountability.