Section § 4100

Explanation

If you're a pharmacist or certain other types of pharmacy professionals and you change your name or address, you have to let the board's executive officer know about it within 30 days.

Within 30 days after changing his or her address of record with the board or after changing his or her name according to law, a pharmacist, intern pharmacist, technician, designated representative, designated representative-3PL, or designated representative-reverse distributor shall notify the executive officer of the board of the change of address or change of name.

Section § 4101

Explanation

This section allows pharmacists and other designated representatives to officially take charge of pharmacies and similar establishments, but they need permission from the relevant board. If they stop being in charge, they must inform the board in writing within 30 days.

(a)CA Business & Professions Code § 4101(a) A pharmacist may take charge of and act as the pharmacist-in-charge of a pharmacy upon application by the pharmacy and approval by the board. A pharmacist-in-charge who ceases to act as the pharmacist-in-charge of the pharmacy shall notify the board in writing within 30 days of the date of that change in status.
(b)CA Business & Professions Code § 4101(b) A designated representative or a pharmacist may take charge of, and act as, the designated representative-in-charge of a wholesaler or veterinary food-animal drug retailer upon application by the wholesaler or veterinary food-animal drug retailer and approval by the board. A designated representative-in-charge who ceases to act as the designated representative-in-charge at that entity shall notify the board in writing within 30 days of the date of that change in status.
(c)CA Business & Professions Code § 4101(c) A designated representative-3PL may take charge of, and act as, the responsible manager of a third-party logistics provider upon application by the third-party logistics provider and approval by the board. A responsible manager who ceases to act as the responsible manager at that entity shall notify the board in writing within 30 days of the date of that change in status.

Section § 4103

Explanation

This law allows pharmacists in California to check a person's blood pressure and inform them if it's high, low, or normal. They can also suggest seeing a doctor if needed. Pharmacists must follow local standards when giving advice and referring people. The California Board of Pharmacy ensures this law is followed, and pharmacists won't face penalties for providing this service.

Notwithstanding Section 2038, or any other provision of law, a pharmacist may take a person’s blood pressure and may inform the person of the results, render an opinion as to whether the reading is within a high, low, or normal range, and may advise the person to consult a physician of the person’s choice. Pharmacists rendering this service shall utilize commonly accepted community standards in rendering opinions and referring patients to physicians. Enforcement of this section is vested in the Board of Pharmacy of the State of California. Any pharmacist who performs this service shall not be in violation of Section 2052.

Section § 4104

Explanation

This law requires pharmacies to have a plan for protecting the public if any licensed employee is impaired or involved in drug-related misconduct. Pharmacies must have written policies about handling impairments or drug issues and report these to the board within 14 days. Reports should include admissions of impairments or misconduct, evidence of such behaviors, and details about any related employee terminations. The reports must detail the drugs involved and estimate the timeframe of any losses. Those reporting these issues are protected from legal liability.

(a)CA Business & Professions Code § 4104(a) Every pharmacy shall have in place procedures for taking action to protect the public when a licensed individual employed by or with the pharmacy is discovered or known to be chemically, mentally, or physically impaired to the extent it affects his or her ability to practice the profession or occupation authorized by his or her license, or is discovered or known to have engaged in the theft, diversion, or self-use of dangerous drugs.
(b)CA Business & Professions Code § 4104(b) Every pharmacy shall have written policies and procedures for addressing chemical, mental, or physical impairment, as well as theft, diversion, or self-use of dangerous drugs, among licensed individuals employed by or with the pharmacy.
(c)CA Business & Professions Code § 4104(c) Every pharmacy shall report and provide to the board, within 14 days of the receipt or development thereof, the following information with regard to any licensed individual employed by or with the pharmacy:
(1)CA Business & Professions Code § 4104(c)(1) Any admission by a licensed individual of chemical, mental, or physical impairment affecting his or her ability to practice.
(2)CA Business & Professions Code § 4104(c)(2) Any admission by a licensed individual of theft, diversion, or self-use of dangerous drugs.
(3)CA Business & Professions Code § 4104(c)(3) Any video or documentary evidence demonstrating chemical, mental, or physical impairment of a licensed individual to the extent it affects his or her ability to practice.
(4)CA Business & Professions Code § 4104(c)(4) Any video or documentary evidence demonstrating theft, diversion, or self-use of dangerous drugs by a licensed individual.
(5)CA Business & Professions Code § 4104(c)(5) Any termination based on chemical, mental, or physical impairment of a licensed individual to the extent it affects his or her ability to practice.
(6)CA Business & Professions Code § 4104(c)(6) Any termination of a licensed individual based on theft, diversion, or self-use of dangerous drugs.
(d)CA Business & Professions Code § 4104(d) The report required in subdivision (c) shall include sufficient detail to inform the board of the facts upon which the report is based, including an estimate of the type and quantity of all dangerous drugs involved, the timeframe over which the losses are suspected, and the date of the last controlled substances inventory. Upon request of the board, the pharmacy shall prepare and submit an audit involving the dangerous drugs suspected to be missing.
(e)CA Business & Professions Code § 4104(e) Anyone making a report authorized or required by this section shall have immunity from any liability, civil or criminal, that might otherwise arise from the making of the report. Any participant shall have the same immunity with respect to participation in any administrative or judicial proceeding resulting from the report.

Section § 4105

Explanation

This law requires entities that are licensed to handle dangerous drugs and devices to keep records of buying and selling these items. These records must be kept at the business location and be easy to access. Original records can be temporarily moved for business reasons, but copies must still be kept on-site. Records need to be kept for three years. Electronic records must be available in both hard copy and electronic copy at all times when the business is open. The board can grant waivers to this on-site requirement if requested in writing. If law enforcement or the board asks for records, they must be provided within three days. An extension up to 14 days can be requested, which is automatically approved if the board doesn’t deny it in two days.

(a)CA Business & Professions Code § 4105(a) All records or other documentation of the acquisition and disposition of dangerous drugs and dangerous devices by any entity licensed by the board shall be retained on the licensed premises in a readily retrievable form.
(b)CA Business & Professions Code § 4105(b) The licensee may remove the original records or documentation from the licensed premises on a temporary basis for license-related purposes. However, a duplicate set of those records or other documentation shall be retained on the licensed premises.
(c)CA Business & Professions Code § 4105(c) The records required by this section shall be retained on the licensed premises for a period of three years from the date of making.
(d)Copy CA Business & Professions Code § 4105(d)
(1)Copy CA Business & Professions Code § 4105(d)(1) Any records that are maintained electronically shall be maintained so that the pharmacist-in-charge, or the pharmacist on duty if the pharmacist-in-charge is not on duty, shall, at all times during which the licensed premises are open for business, be able to produce a hardcopy and electronic copy of all records of acquisition or disposition or other drug or dispensing-related records maintained electronically.
(2)CA Business & Professions Code § 4105(d)(2) In the case of a veterinary food-animal drug retailer, wholesaler, or third-party logistics provider, any records that are maintained electronically shall be maintained so that the designated representative-in-charge or the responsible manager, or the designated representative on duty or the designated representative-3PL on duty if the designated representative-in-charge or responsible manager is not on duty, shall, at all times during which the licensed place of business is open for business, be able to produce a hardcopy and electronic copy of all records of acquisition or disposition or other drug or dispensing-related records maintained electronically.
(e)Copy CA Business & Professions Code § 4105(e)
(1)Copy CA Business & Professions Code § 4105(e)(1) Notwithstanding subdivisions (a), (b), and (c), the board may, upon written request, grant to a licensee a waiver of the requirements that the records described in subdivisions (a), (b), and (c) be kept on the licensed premises.
(2)CA Business & Professions Code § 4105(e)(2) A waiver granted pursuant to this subdivision shall not affect the board’s authority under this section or any other provision of this chapter.
(f)CA Business & Professions Code § 4105(f) When requested by an authorized officer of the law or by an authorized representative of the board, the owner, corporate officer, or manager of an entity licensed by the board shall provide the board with the requested records within three business days of the time the request was made. The entity may request in writing an extension of this timeframe for a period not to exceed 14 calendar days from the date the records were requested. A request for an extension of time is subject to the approval of the board. An extension shall be deemed approved if the board fails to deny the extension request within two business days of the time the extension request was made directly to the board.

Section § 4106

Explanation

This law says that for checking if a license is valid, you can trust the licensing information shown on the board's website, which includes when the license was given and when it runs out.

For purposes of license verification, a person may rely upon the licensing information as it is displayed on the board’s Internet Web site that includes the issuance and expiration dates of any license issued by the board.

Section § 4107

Explanation

This California law states that normally, only one site license can be issued per location. However, there are specific exceptions where additional licenses can be issued: for a veterinary drug retailer to a wholesaler, a pharmacy compounding sterile drugs, a centralized hospital packaging facility, and two independently owned clinics sharing a space. "Premises" refers to any location with its own address and its own way in and out.

(a)CA Business & Professions Code § 4107(a) The board shall not issue more than one site license to a single premises except as follows:
(1)CA Business & Professions Code § 4107(a)(1) To issue a veterinary food-animal drug retailer license to a wholesaler pursuant to Section 4196.
(2)CA Business & Professions Code § 4107(a)(2) To issue a license to compound sterile drugs to a pharmacy pursuant to Section 4127.1 or 4127.2.
(3)CA Business & Professions Code § 4107(a)(3) To issue a centralized hospital packaging license pursuant to Section 4128.
(4)CA Business & Professions Code § 4107(a)(4) To issue licenses to two independently owned clinics that share a clinic office space pursuant to Section 4180.5.
(b)CA Business & Professions Code § 4107(b) For the purposes of this subdivision, “premises” means a location with its own address and an independent means of ingress and egress.

Section § 4107.5

Explanation

This law requires manufacturers, wholesalers, third-party logistics providers, and pharmacies to inform the board within 72 hours if they suspect a drug or medical device in their possession is counterfeit or involved in a fraudulent transaction. The rule applies to any potentially fake or fraudulently sold drugs or devices distributed in or through the state.

If a manufacturer, wholesaler, third-party logistics provider, or pharmacy has reasonable cause to believe that a dangerous drug or dangerous device in, or having been in, its possession is counterfeit or the subject of a fraudulent transaction, the manufacturer, wholesaler, third-party logistics provider, or pharmacy shall notify the board within 72 hours of obtaining that knowledge. This section shall apply to any dangerous drug or dangerous device that has been sold or distributed in or through this state.