Section § 4320

Explanation

If someone breaks the rules outlined in this section, they can face penalties. These penalties can be dealt with through a lawsuit or criminal charges. Either the state of California or local district attorneys will handle these cases, depending on the seriousness of the violation. For serious crimes, the district attorney handles felony cases, while less serious cases might be managed by a city attorney.

(a)CA Business & Professions Code § 4320(a) The penalties prescribed in this chapter may be recovered in any court having jurisdiction, by a civil action instituted by the board in the name of the State of California, or by criminal prosecution upon complaint being made.
(b)CA Business & Professions Code § 4320(b) The district attorney of the county wherein violations of this chapter occur shall conduct all felony prosecutions at the request of the board. The district attorney of the county or city attorney of the city wherein violations of this chapter occur shall conduct all other actions and prosecutions at the request of the board.

Section § 4321

Explanation

This section lays out penalties for breaking rules in a specific chapter of California law. If someone knowingly violates these rules, and there's no specific punishment outlined, it's a misdemeanor. They could face a fine between $200 and $2,000, up to six months in jail, or both. For other violations not done knowingly, it counts as an infraction with a fine up to $1,000.

(a)CA Business & Professions Code § 4321(a) Any person who knowingly violates any of the provisions of this chapter, when no other penalty is provided, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than two hundred dollars ($200), and not more than two thousand dollars ($2,000), or by imprisonment of not less than 30 days nor exceeding six months, or by both that fine and imprisonment.
(b)CA Business & Professions Code § 4321(b) In all other instances, any person who violates any of the provisions of this chapter, when no other penalty is provided, is guilty of an infraction, and upon conviction thereof may be punished by a fine not to exceed one thousand dollars ($1,000).

Section § 4322

Explanation

This law states that if someone lies to get a professional license for themselves or another person, or falsely claims to be registered, they are committing a misdemeanor. If found guilty, they could face a fine up to $5,000, up to 50 days in jail, or both.

Any person who attempts to secure or secures licensure for himself or herself or any other person under this chapter by making or causing to be made any false representations, or who fraudulently represents himself or herself to be registered, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding five thousand dollars ($5,000), or by imprisonment not exceeding 50 days, or by both that fine and imprisonment.

Section § 4323

Explanation

If you pretend to be a doctor or someone else who can legally prescribe medication to get drugs from a pharmacist—either by phone or online—you could spend up to a year in county jail.

Every person who, in order to obtain any drug, falsely represents himself or herself to be a physician or other person who can lawfully prescribe the drug, or falsely represents that he or she is acting on behalf of a person who can lawfully prescribe the drug, in a telephone or electronic communication with a pharmacist, shall be punished by imprisonment in the county jail for not more than one year.

Section § 4324

Explanation

This law makes it a crime to forge a prescription for any drugs, which includes signing someone else's name, making fake prescriptions, or altering existing ones. If you're caught doing this, you could face prison time or up to a year in county jail. Additionally, if you have drugs that you obtained through a forged prescription, you could face similar penalties.

(a)CA Business & Professions Code § 4324(a) Every person who signs the name of another, or of a fictitious person, or falsely makes, alters, forges, utters, publishes, passes, or attempts to pass, as genuine, any prescription for any drugs is guilty of forgery and upon conviction thereof shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or by imprisonment in a county jail for not more than one year.
(b)CA Business & Professions Code § 4324(b) Every person who has in his or her possession any drugs secured by a forged prescription shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or by imprisonment in the county jail for not more than one year.

Section § 4325

Explanation

This law makes it illegal for anyone who isn't a medical professional like a doctor, pharmacist, or veterinarian, or someone they have authorized, to make, copy, or have prescription pads with fake doctor information. If you break this rule, it's considered a misdemeanor, which is a type of crime less serious than a felony.

(a)CA Business & Professions Code § 4325(a) No person other than a physician, dentist, podiatrist, veterinarian, pharmacist, or other person authorized by law to dispense, administer, or prescribe controlled substances, or the person’s agent acting under authorization by the person to print prescription blanks, and acting in the regular practice of the person’s profession, shall knowingly and willfully manufacture, copy, reproduce, or possess, or cause to be manufactured, copied, reproduced, or possessed, any prescription blank that purports to bear the name, address, and federal registry or other identifying information of a physician, dentist, podiatrist, veterinarian, or other person authorized by law to dispense, administer, or prescribe controlled substances.
(b)CA Business & Professions Code § 4325(b) Every person who violates this section shall be guilty of a misdemeanor.

Section § 4327

Explanation

In California, if someone is working and handling drugs—like selling or preparing them—and they are under the influence of alcohol or a dangerous drug, they're committing a misdemeanor, which is a minor criminal offense.

Any person who, while on duty, sells, dispenses or compounds any drug while under the influence of any dangerous drug or alcoholic beverages shall be guilty of a misdemeanor.

Section § 4328

Explanation

This law states that in a pharmacy, only a licensed pharmacist is allowed to mix, prepare, or provide medications or dangerous drugs. If anyone else does this, it is considered a criminal offense known as a misdemeanor.

Except as otherwise provided in this chapter, any person who permits the compounding or dispensing of prescriptions, or the furnishing of dangerous drugs in his or her pharmacy, except by a pharmacist, is guilty of a misdemeanor.

Section § 4329

Explanation

In California, if someone who is not a licensed pharmacist tries to run a pharmacy, manage it, or act as the supervising pharmacist, they're breaking the law. Also, if they prepare or provide prescription drugs without exceptions outlined in the chapter, it's considered a misdemeanor offense.

Any nonpharmacist who takes charge of or acts as supervisor, manager, or pharmacist-in-charge of any pharmacy, or who compounds or dispenses a prescription or furnishes dangerous drugs except as otherwise provided in this chapter, is guilty of a misdemeanor.

Section § 4330

Explanation

If someone has a pharmacy license but doesn’t have a pharmacist in charge, or allows prescriptions to be filled or dangerous drugs to be provided by anyone who isn’t a pharmacist, they’re committing a misdemeanor. Also, if a pharmacy owner does anything to interfere with the pharmacist in charge following pharmacy laws, that's a misdemeanor too.

(a)CA Business & Professions Code § 4330(a) Any person who has obtained a license to conduct a pharmacy, who fails to place in charge of the pharmacy a pharmacist, or any person, who by himself or herself, or by any other person, permits the compounding or dispensing of prescriptions, or the furnishing of dangerous drugs, in his or her pharmacy, except by a pharmacist, or as otherwise provided in this chapter, is guilty of a misdemeanor.
(b)CA Business & Professions Code § 4330(b) Any pharmacy owner who commits any act that would subvert or tend to subvert the efforts of the pharmacist-in-charge to comply with the laws governing the operation of the pharmacy is guilty of a misdemeanor.

Section § 4331

Explanation

This law says it's a misdemeanor, which is a type of crime, for someone who isn't authorized to be in charge of certain businesses that handle prescription drugs or dangerous devices. This includes wholesalers, veterinary drug retailers, and third-party logistics providers. They need to have qualified people like pharmacists or designated representatives to manage these tasks. If they fail to do so, or if they let unqualified people handle the drugs or devices, they're breaking the law.

(a)CA Business & Professions Code § 4331(a) A person not authorized under this chapter who takes charge of a wholesaler or veterinary food-animal drug retailer or who dispenses a prescription or furnishes dangerous devices, except as otherwise provided in this chapter, is guilty of a misdemeanor.
(b)CA Business & Professions Code § 4331(b) A person who is not a responsible manager or a designated representative-3PL who takes charge of a third-party logistics provider or coordinates the warehousing or distribution of dangerous drugs or dangerous devices within a third-party logistics provider, except as otherwise provided in this chapter, is guilty of a misdemeanor.
(c)CA Business & Professions Code § 4331(c) A person licensed as a veterinary food-animal drug retailer that fails to place in charge of that veterinary food-animal drug retailer a pharmacist or designated representative, or any person who, by himself or herself, or by any other person, permits the dispensing of prescriptions, except by a pharmacist or designated representative, or as otherwise provided in this chapter, is guilty of a misdemeanor.
(d)CA Business & Professions Code § 4331(d) A person licensed as a wholesaler that fails to place in charge of that wholesaler a pharmacist or designated representative, or any person who, by himself or herself, or by any other person, permits the furnishing of dangerous drugs or dangerous devices, except by a pharmacist or designated representative, or as otherwise provided in this chapter, is guilty of a misdemeanor.
(e)CA Business & Professions Code § 4331(e) A person licensed as a third-party logistics provider that fails to place in charge of a licensed place of business of the third-party logistics provider a responsible manager, or any person who, by himself or herself, or by any other person, permits the furnishing of dangerous drugs or dangerous devices, except by a facility manager, or as otherwise provided in this chapter, is guilty of a misdemeanor.

Section § 4332

Explanation

This law states that if a person is supposed to keep certain records and they don't, or if they don't show these records to an authorized person when asked, or if they provide fake records, they're committing a misdemeanor, which is a crime.

Any person who fails, neglects, or refuses to maintain the records required by Section 4081 or who, when called upon by an authorized officer or a member of the board, fails, neglects, or refuses to produce or provide the records within a reasonable time, or who willfully produces or furnishes records that are false, is guilty of a misdemeanor.

Section § 4333

Explanation

This law requires pharmacies to keep records of all prescriptions and some other mandatory records at their location for three years, even if they close down. If a pharmacy closes, records must still be kept at a board-approved location for three years. Not following this rule can lead to a misdemeanor charge and a fine. However, the board can grant a waiver, allowing records to be kept off-site without penalty. The board retains its authority even if it grants such a waiver.

(a)CA Business & Professions Code § 4333(a) All prescriptions filled by a pharmacy and all other records required by Section 4081 shall be maintained on the premises and available for inspection by authorized officers of the law for a period of at least three years. In cases where the pharmacy discontinues business, these records shall be maintained in a board-licensed facility for at least three years.
(b)CA Business & Professions Code § 4333(b) Any person who willfully fails to comply with subdivision (a) is guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding two hundred dollars ($200). Any person convicted of a second or subsequent offense shall be punished by a fine of not less than two hundred dollars ($200) and not more than four hundred dollars ($400).
(c)Copy CA Business & Professions Code § 4333(c)
(1)Copy CA Business & Professions Code § 4333(c)(1) Notwithstanding subdivisions (a) and (b), the board may, upon written request, grant a waiver of the requirement that the records described in subdivisions (a) and (b) be maintained on the licensed premises or, in the event the pharmacy discontinues business, that the records be maintained in a board licensed facility. A person who maintains records in compliance with that waiver is not subject to the penalties set forth in subdivision (b).
(2)CA Business & Professions Code § 4333(c)(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.

Section § 4335

Explanation

If someone intentionally breaks the rules outlined in a specific part of Section 4312, they are committing a minor crime, called a misdemeanor.

Any person who knowingly violates subdivision (b) of Section 4312 is guilty of a misdemeanor.

Section § 4336

Explanation

This law states that if someone uses a minor to help with illegal activities involving dangerous drugs, they are committing a felony. However, this rule does not apply to pharmacists who are legally providing these drugs with a valid prescription.

(a)CA Business & Professions Code § 4336(a) Every person who knowingly or willfully violates Section 4055, 4059, 4060, 4061, 4062, 4063, 4064, 4065, 4077, 4080, 4081, 4083, or 4332 with respect to dangerous drugs by use of a minor as an agent is guilty of a felony.
(b)CA Business & Professions Code § 4336(b) Nothing contained in this section shall apply to a pharmacist furnishing dangerous drugs pursuant to a prescription.

Section § 4337

Explanation

This law states that when fines are collected for certain violations related to this chapter, the money is split in two. Half of the fine goes to the State Treasury for the Board of Pharmacy's fund, and the other half goes to the local government where the violation was handled, joining other local misdemeanor fines.

Except as otherwise specified, all fines collected for violations of this chapter shall be paid as follows: one-half into the State Treasury to the credit of the Contingent Fund of the Board of Pharmacy of the State of California and one-half to the treasurer of the jurisdiction in which the misdemeanor is prosecuted, to be deposited in the same fund as fines for other misdemeanors occurring in that jurisdiction are deposited.

Section § 4338

Explanation

This law lets a judge impose an extra fine of up to $70 on someone who breaks certain rules (Sections 4140 or 4142). The money from this fine goes to specific uses as described in another part of the law. Before setting the fine, the judge has to consider whether the person can afford to pay it. Not being able to pay the fine shouldn't stop someone from getting probation.

In addition to any fine assessed under Section 4321, the judge may assess a fine not to exceed seventy dollars ($70) against any person who violates Section 4140 or 4142, with the proceeds of this fine to be used in accordance with Section 1463.23 of the Penal Code. The court shall, however, take into consideration the defendant’s ability to pay and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this section.

Section § 4339

Explanation

This law allows a state board to take legal action to stop anyone from breaking the rules outlined in their specific regulations. They can do this in a local court without having to prove that there's no other solution or that the issue will cause significant harm. However, this doesn't apply to drugs or products that meet certain packaging and labeling rules. Additionally, this law is in addition to other legal actions the board can take, meaning it doesn't limit or replace any other potential legal routes they have.

(a)CA Business & Professions Code § 4339(a) The board may bring an action to enjoin the violation of any provision of this chapter in any superior court in and for the county in which the violation has occurred. Any action shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the board shall not be required to allege facts necessary to show or tending to show lack of adequate remedy at law or irreparable damage or loss. The action shall be brought in the name of the people of the State of California.
(b)CA Business & Professions Code § 4339(b) Nothing in this section shall permit the bringing of any action with respect to any drug or product not subject to Section 4022 that is packaged or bottled in the manufacturer’s or distributor’s container and labeled in accordance with applicable federal and state drug labeling requirements.
(c)CA Business & Professions Code § 4339(c) The authority granted by this section is in addition to the authority of the board to institute any other administrative, civil, or criminal action.

Section § 4340

Explanation

This law makes it illegal for out-of-state pharmacies that aren't properly registered and for California residents to advertise pharmacy services in a way that encourages people in California to use their pharmacy for filling prescriptions.

It is unlawful for any nonresident pharmacy that is not registered pursuant to Section 4112 or for any person who is a resident of this state to advertise the pharmacy services of any pharmacy, with the knowledge that the advertisement will or is likely to induce members of the public in this state to use the pharmacy to fill prescriptions.

Section § 4341

Explanation

This law allows prescription drugs or devices to be advertised, but only if the advertisement follows the specific rules outlined in another section, Section 651.

Notwithstanding any other provision of law, prescription drugs or devices may be advertised if the advertisement conforms with the requirements of Section 651.

Section § 4342

Explanation

This law allows the board to take legal action to stop the sale of drugs that don't meet quality standards or break certain health laws. If someone knowingly breaks related regulations, they will be punished as specified in specific sections.

(a)CA Business & Professions Code § 4342(a) The board may institute any action or actions as may be provided by law and that, in its discretion, are necessary, to prevent the sale of pharmaceutical preparations and drugs that do not conform to the standard and tests as to quality and strength, provided in the latest edition of the United States Pharmacopoeia or the National Formulary, or that violate any provision of the Sherman Food, Drug, and Cosmetic Law (Part 5 (commencing with Section 109875) of Division 104 of the Health and Safety Code).
(b)CA Business & Professions Code § 4342(b) Any knowing or willful violation of any regulation adopted pursuant to Section 4006 shall be subject to punishment in the same manner as is provided in Sections 4321 and 4336.

Section § 4343

Explanation

This law states that you can't use certain words or symbols related to pharmacies or medicine, like 'Pharmacist' or 'Rx,' on or in a building unless a licensed pharmacy actually exists in that building. The license must be issued by the board according to Section 4110.

No building shall have upon it or displayed within it or affixed to or used in connection with it a sign bearing the word or words “Pharmacist,” “Pharmacy,” “Apothecary,” “Drugstore,” “Druggist,” “Drugs,” “Medicine,” “Medicine Store,” “Drug Sundries,” “Remedies,” or any word or words of similar or like import; or the characteristic symbols of pharmacy; or the characteristic prescription sign (Rx) or similar design, unless there is upon or within the building a pharmacy holding a license issued by the board pursuant to Section 4110.