Business and Professions Code — Part 31 | BPC — United States — California law | Esheria

Business and Professions Code

Part 31 of 52 · provisions 6,001–6,200

This section says the act is called the Business and Professions Code.

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This part may be cited as the Real Estate Law. This section says chapter definitions apply only to this part, unless the text says otherwise. “Commissioner” means the Real Estate Commissioner. “Department” means the Department of Real Estate in the Business and Consumer Services Agency. This section says certain references like “bureau” and “Real Estate Division” mean the Department of Real Estate, and it states the section becomes operative on July 1, 2018.

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Provisions of Business and Professions Code

Showing 200 of 10,364

  1. 3700.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 1. General Provisions [3700 - 3706] ( Article 1 added by Stats. 1982, Ch. 1344, Sec. 1. )

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    This chapter may be cited as the “Respiratory Care Practice Act.”

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 1. General Provisions [3700 - 3706] ( Article 1 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3700. This chapter may be cited as the “Respiratory Care Practice Act.” (Added by Stats. 1982, Ch. 1344, Sec. 1. Operative July 1, 1983, by Sec. 3 of Ch. 1344.)
  2. 3701.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 1. General Provisions [3700 - 3706] ( Article 1 added by Stats. 1982, Ch. 1344, Sec. 1. )

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    This section says respiratory care in California is subject to regulation to protect the public, and it recognizes overlapping functions with other health care personnel.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 1. General Provisions [3700 - 3706] ( Article 1 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3701. (a) The Legislature finds and declares that the practice of respiratory care in California affects the public health, safety, and welfare and is to be subject to regulation and control in the public interest to protect the public from the unauthorized and unqualified practice of respiratory care and from unprofessional conduct by persons licensed to practice respiratory care. The Legislature also recognizes the practice of respiratory care to be a dynamic and changing art and science, the practice of which is continually evolving to include newer ideas and more sophisticated techniques in patient care. (b) It is the intent of the Legislature in this chapter to provide clear legal authority for functions and procedures which have common acceptance and usage. It is the intent also to recognize the existence of overlapping functions between physicians and surgeons, registered nurses, physical therapists, respiratory care practitioners, and other licensed health care personnel, and to permit additional sharing of functions within organized health care systems. The organized health care systems include, but are not limited to, health facilities licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code, clinics, home health agencies, physicians’ offices, and public or community health services. (c) For purposes of this section, it is the intent of the Legislature that “overlapping functions” includes, but is not limited to, providing therapy, management, rehabilitation, diagnostic evaluation, and care for nonrespiratory-related diagnoses or conditions provided (1) a health care facility has authorized the respiratory care practitioner to provide these services and (2) the respiratory care practitioner has maintained current competencies in the services provided, as needed. (Amended by Stats. 2015, Ch. 247, Sec. 1. (SB 525) Effective January 1, 2016.)
  3. 3702.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 1. General Provisions [3700 - 3706] ( Article 1 added by Stats. 1982, Ch. 1344, Sec. 1. )

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    This section defines what counts as respiratory care and respiratory care protocols.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 1. General Provisions [3700 - 3706] ( Article 1 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3702. (a) Respiratory care as a practice means a health care profession employed under the supervision of a medical director in the therapy, management, rehabilitation, diagnostic evaluation, and care of patients with deficiencies and abnormalities which affect the pulmonary system and associated aspects of cardiopulmonary and other systems functions, and includes all of the following: (1) Direct and indirect pulmonary care services that are safe, aseptic, preventive, and restorative to the patient. (2) Direct and indirect respiratory care services, including, but not limited to, the administration of pharmacological and diagnostic and therapeutic agents related to respiratory care procedures necessary to implement a treatment, disease prevention, pulmonary rehabilitative, or diagnostic regimen prescribed by a physician and surgeon. (3) Observation and monitoring of signs and symptoms, general behavior, general physical response to respiratory care treatment and diagnostic testing and (A) determination of whether such signs, symptoms, reactions, behavior, or general response exhibits abnormal characteristics; (B) implementation based on observed abnormalities of appropriate reporting or referral or respiratory care protocols, or changes in treatment regimen, pursuant to a prescription by a physician and surgeon or the initiation of emergency procedures. (4) The diagnostic and therapeutic use of any of the following, in accordance with the prescription of a physician and surgeon: administration of medical gases, exclusive of general anesthesia; aerosols; humidification; environmental control systems and baromedical therapy; pharmacologic agents related to respiratory care procedures; mechanical or physiological ventilatory support; bronchopulmonary hygiene; cardiopulmonary resuscitation; maintenance of the natural airways; insertion without cutting tissues and maintenance of artificial airways; diagnostic and testing techniques required for implementation of respiratory care protocols; collection of specimens of blood; collection of specimens from the respiratory tract; analysis of blood gases and respiratory secretions. (5) The transcription and implementation of the written and verbal orders of a physician and surgeon pertaining to the practice of respiratory care. (b) As used in this section, the following apply: (1) “Associated aspects of cardiopulmonary and other systems functions” includes patients with deficiencies and abnormalities affecting the heart and cardiovascular system. (2) “Respiratory care protocols” means policies and protocols developed by a licensed health facility through collaboration, when appropriate, with administrators, physicians and surgeons, registered nurses, physical therapists, respiratory care practitioners, and other licensed health care practitioners. (Amended by Stats. 2015, Ch. 247, Sec. 2. (SB 525) Effective January 1, 2016.)
  4. 3702.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 1. General Provisions [3700 - 3706] ( Article 1 added by Stats. 1982, Ch. 1344, Sec. 1. )

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    A state agency may not define or interpret respiratory care practice, or set standardized procedures or protocols, except as authorized; the board may issue regulations on respiratory tasks and services.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 1. General Provisions [3700 - 3706] ( Article 1 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3702.5. Except for the board, a state agency may not define or interpret the practice of respiratory care for those licensed pursuant to this chapter, or develop standardized procedures or protocols pursuant to this chapter, unless authorized by this chapter or specifically required by state or federal statute. The board may adopt regulations to further define, interpret, or identify all of the following: (a) Basic respiratory tasks and services that do not require a respiratory assessment and only require manual, technical skills, or data collection. (b) Intermediate respiratory tasks, services, and procedures that require formal respiratory education and training. (c) Advanced respiratory tasks, services, and procedures that require supplemental education, training, or additional credentialing consistent with national standards, as applicable. (Added by Stats. 2018, Ch. 180, Sec. 1. (SB 1003) Effective January 1, 2019.)
  5. 3702.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 1. General Provisions [3700 - 3706] ( Article 1 added by Stats. 1982, Ch. 1344, Sec. 1. )

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    This section defines “respiratory care practice” to include several listed activities and services.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 1. General Provisions [3700 - 3706] ( Article 1 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3702.7. The respiratory care practice is further defined and includes, but is not limited to, the following: (a) Mechanical or physiological ventilatory support as used in paragraph (4) of subdivision (a) of Section 3702 includes, but is not limited to, any system, procedure, machine, catheter, equipment, or other device used in whole or in part, to provide ventilatory or oxygenating support. (b) Administration of medical gases and pharmacological agents for the purpose of inducing conscious or deep sedation under physician and surgeon supervision and the direct orders of the physician and surgeon performing the procedure. (c) All forms of extracorporeal life support, including, but not limited to, extracorporeal membrane oxygenation (ECMO) and extracorporeal carbon dioxide removal (ECCO2R). (d) Educating students, health care professionals, or consumers about respiratory care, including, but not limited to, education of respiratory core courses or clinical instruction provided as part of a respiratory educational program and educating health care professionals or consumers about the operation or application of respiratory care equipment and appliances. (e) The treatment, management, diagnostic testing, control, education, and care of patients with sleep and wake disorders as provided in Chapter 7.8 (commencing with Section 3575). (Amended by Stats. 2015, Ch. 247, Sec. 3. (SB 525) Effective January 1, 2016.)
  6. 3703.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 1. General Provisions [3700 - 3706] ( Article 1 added by Stats. 1982, Ch. 1344, Sec. 1. )

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    Respiratory care may be practiced in listed health care settings and may also be provided during patient transport or in emergencies; it must be supervised by a medical director and follow a physician’s prescription or respiratory care protocols.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 1. General Provisions [3700 - 3706] ( Article 1 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3703. (a) The settings in which respiratory care may be practiced include licensed health care facilities, hospitals, clinics, ambulatory or home health care, physicians’ offices, nurse practitioners’ offices, and public or community health services. Respiratory care may also be provided during the transportation of a patient, and under any circumstances where an emergency necessitates respiratory care. (b) The practice of respiratory care shall be performed under the supervision of a medical director in accordance with a prescription of a physician and surgeon or pursuant to respiratory care protocols as specified in Section 3702. (Amended by Stats. 2022, Ch. 413, Sec. 21. (AB 2684) Effective January 1, 2023.)
  7. 3704.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 1. General Provisions [3700 - 3706] ( Article 1 added by Stats. 1982, Ch. 1344, Sec. 1. )

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    This section defines key terms used in the respiratory therapy chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 1. General Provisions [3700 - 3706] ( Article 1 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3704. As used in this chapter, these terms shall be defined as follows: (a) “Board” means the Respiratory Care Board of California. (b) “Department” means the Department of Consumer Affairs. (c) “Medical director” means a physician and surgeon who is a member of a health care facility’s active medical staff and who is knowledgeable in respiratory care. (d) “Respiratory care” includes “respiratory therapy” or “inhalation therapy,” where those terms mean respiratory care. (e) “Respiratory therapy school” means a program reviewed and approved by the board. (f) “State agency” includes every state office, officer, department, division, bureau, board, authority, and commission. (Amended by Stats. 2018, Ch. 180, Sec. 2. (SB 1003) Effective January 1, 2019.)
  8. 3705.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 1. General Provisions [3700 - 3706] ( Article 1 added by Stats. 1982, Ch. 1344, Sec. 1. )

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    A respiratory care practitioner is not authorized by this chapter to practice medicine, surgery, or any other form of healing, except as otherwise authorized by the chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 1. General Provisions [3700 - 3706] ( Article 1 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3705. Nothing in this chapter shall be construed as authorizing a respiratory care practitioner to practice medicine, surgery, or any other form of healing, except as authorized by this chapter. (Added by Stats. 1982, Ch. 1344, Sec. 1. Operative July 1, 1983, by Sec. 3 of Ch. 1344.)
  9. 3706.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 1. General Provisions [3700 - 3706] ( Article 1 added by Stats. 1982, Ch. 1344, Sec. 1. )

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    Licensed respiratory therapy persons who, in good faith, give emergency care at an emergency scene outside their employment are not liable for civil damages for acts or omissions in giving that care, unless they are grossly negligent.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 1. General Provisions [3700 - 3706] ( Article 1 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3706. A person licensed under this chapter who in good faith renders emergency care at the scene of an emergency which occurs outside both the place and the course of employment shall not be liable for any civil damages as the result of acts or omissions by the person in rendering the emergency care. This section does not grant immunity from civil damages when the person is grossly negligent. (Amended by Stats. 1991, Ch. 654, Sec. 8.)
  10. 3710.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 2. Administration [3710 - 3722] ( Article 2 added by Stats. 1982, Ch. 1344, Sec. 1. )

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    The Respiratory Care Board of California must enforce and administer this chapter. The section ends and is repealed on January 1, 2027.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 2. Administration [3710 - 3722] ( Article 2 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3710. (a) The Respiratory Care Board of California, hereafter referred to as the board, shall enforce and administer this chapter. (b) This section shall remain in effect only until January 1, 2027, 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. (Amended by Stats. 2022, Ch. 624, Sec. 3. (SB 1436) Effective January 1, 2023. Repealed as of January 1, 2027, by its own provisions.)
  11. 3710.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 2. Administration [3710 - 3722] ( Article 2 added by Stats. 1982, Ch. 1344, Sec. 1. )

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    The Respiratory Care Board of California must treat protection of the public as its highest priority when licensing, regulating, or disciplining.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 2. Administration [3710 - 3722] ( Article 2 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3710.1. Protection of the public shall be the highest priority for the Respiratory Care Board of California 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. (Added by Stats. 2002, Ch. 107, Sec. 16. Effective January 1, 2003.)
  12. 3711.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 2. Administration [3710 - 3722] ( Article 2 added by Stats. 1982, Ch. 1344, Sec. 1. )

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    The board must be made up of one physician and surgeon, four respiratory care practitioners, and four public members.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 2. Administration [3710 - 3722] ( Article 2 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3711. The members of the board shall be the following: one physician and surgeon, four respiratory care practitioners, each of whom shall have practiced respiratory care and four public members who shall not be licensed by the board. (Amended by Stats. 1998, Ch. 991, Sec. 11. Effective January 1, 1999.)
  13. 3712.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 2. Administration [3710 - 3722] ( Article 2 added by Stats. 1982, Ch. 1344, Sec. 1. )

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    This section sets who appoints respiratory therapy board members, how long they serve, and when they can be removed.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 2. Administration [3710 - 3722] ( Article 2 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3712. The members of the board shall be appointed as follows: (a) Two respiratory care practitioners and one public member shall be appointed by the Speaker of the Assembly. (b) One physician and surgeon, one respiratory care practitioner, and one public member shall be appointed by the Senate Rules Committee. (c) One respiratory care practitioner, and two public members shall be appointed by the Governor. Appointments shall be made for four-year terms, expiring on the first day of June of each year, and vacancies shall be filled for the unexpired term. No member shall serve for more than two consecutive terms. Not more than two members of the board shall be appointed from the full-time faculty of any university, college, or other educational institution. Annually, the board shall elect one of its members as president. The appointing power shall have the authority to remove any member of the board from office for neglect of any duty required by law or for incompetency or unprofessional or dishonorable conduct. (Amended by Stats. 1998, Ch. 991, Sec. 12. Effective January 1, 1999.)
  14. 3713.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 2. Administration [3710 - 3722] ( Article 2 added by Stats. 1982, Ch. 1344, Sec. 1. )

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    This section lists qualifications for public members, respiratory care practitioner members, and the physician and surgeon member of the respiratory therapy board.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 2. Administration [3710 - 3722] ( Article 2 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3713. (a) The public members shall be appointed from persons having the following qualifications: (1) Be a citizen of the United States of America. (2) Be a resident of the State of California. (3) Shall not be an officer or faculty member of any college, school, or institution engaged in respiratory therapy education. (4) Shall not be licensed by the board or by any board under this division. (5) Shall have no pecuniary interests in the provision of health care. (b) The respiratory care practitioner members shall be appointed from persons licensed as respiratory care practitioners having the following qualifications: (1) Be a citizen of the United States of America. (2) Be a resident of the State of California. (3) One respiratory care practitioner shall be an officer or faculty member of any college, school, or institution engaged in respiratory therapy education. (4) Three respiratory care practitioners shall be involved in direct patient care. (5) Have at least five years’ experience in respiratory care or respiratory therapy education, and have been actively engaged therein for at least three years immediately preceding appointment. (c) The physician and surgeon member shall be appointed from persons having the following qualifications: (1) Be a citizen of the United States of America. (2) Be a resident of the State of California. (3) Be a licensed practicing physician and surgeon in the State of California. (4) Be knowledgeable in respiratory care. (Amended by Stats. 1998, Ch. 991, Sec. 13.5. Effective January 1, 1999.)
  15. 3715.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 2. Administration [3710 - 3722] ( Article 2 added by Stats. 1982, Ch. 1344, Sec. 1. )

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    Each board member is entitled to a per diem and expenses as provided in Section 103.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 2. Administration [3710 - 3722] ( Article 2 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3715. Each member of the board shall receive a per diem and expenses as provided in Section 103. (Amended by Stats. 1994, Ch. 1274, Sec. 3.5. Effective January 1, 1995.)
  16. 3716.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 2. Administration [3710 - 3722] ( Article 2 added by Stats. 1982, Ch. 1344, Sec. 1. )

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    The board may hire an executive officer, clerical assistants, and other necessary employees, subject to civil service law and a Section 159.5 exception.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 2. Administration [3710 - 3722] ( Article 2 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3716. (a) The board may employ an executive officer exempt from civil service and, subject to the provisions of law relating to civil service, clerical assistants and, except as provided in Section 159.5, other employees as it may deem necessary to carry out its powers and duties. (b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. (Amended by Stats. 2022, Ch. 624, Sec. 4. (SB 1436) Effective January 1, 2023. Repealed as of January 1, 2027, by its own provisions.)
  17. 3717.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 2. Administration [3710 - 3722] ( Article 2 added by Stats. 1982, Ch. 1344, Sec. 1. )

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    The board and certain authorized respiratory care personnel may inspect, require reports from, and copy certain patient and employment records, with disclosure limits from Section 2225. An employer that fails to provide required documents may be fined up to $10,000 per violation.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 2. Administration [3710 - 3722] ( Article 2 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3717. (a) The board, or any licensed respiratory care practitioner, enforcement staff, or investigative unit appointed by the board, may inspect, or require reports from, a general or specialized hospital or any other facility or corporation providing respiratory care, treatment, or services and the respiratory care staff thereof, with respect to the respiratory care, treatment, services, or facilities provided therein, or the employment of staff providing the respiratory care, treatment, or services, and may inspect and copy respiratory care patient records with respect to that care, treatment, services, or facilities. The authority to make inspections and to require reports as provided by this section is subject to the restrictions against disclosure contained in Section 2225. Those persons may also inspect and copy employment records relevant to an official investigation provided that the written request to inspect the records specifies the portion of the records to be inspected. (b) The failure of an employer to provide documents as required by this section is punishable by an administrative fine not to exceed ten thousand dollars ($10,000) per violation. This penalty shall be in addition to, and not in lieu of, any other civil or criminal remedies. (Amended by Stats. 2002, Ch. 1150, Sec. 24. Effective January 1, 2003.)
  18. 3718.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 2. Administration [3710 - 3722] ( Article 2 added by Stats. 1982, Ch. 1344, Sec. 1. )

    Verify source ↗

    The board may issue, deny, suspend, or revoke respiratory care licenses under this chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 2. Administration [3710 - 3722] ( Article 2 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3718. The board shall issue, deny, suspend, and revoke licenses to practice respiratory care as provided in this chapter. (Amended by Stats. 2002, Ch. 1150, Sec. 25. Effective January 1, 2003.)
  19. 3719.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 2. Administration [3710 - 3722] ( Article 2 added by Stats. 1982, Ch. 1344, Sec. 1. )

    Verify source ↗

    People renewing a respiratory therapy license must provide proof of required continuing education hours. The board may accept an approved exam as part of the credit and sets the credit hours for particular exams.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 2. Administration [3710 - 3722] ( Article 2 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3719. Each person renewing his or her license shall submit proof satisfactory to the board that, during the preceding two-year period, he or she completed the required number of continuing education hours established by regulation of the board. Required continuing education shall not exceed 30 hours every two years. Successful completion of an examination approved by the board may be submitted by a licensee for a designated portion of continuing education credit. The board shall determine the hours of credit to be granted for the passage of particular examinations. (Amended by Stats. 1998, Ch. 553, Sec. 2. Effective January 1, 1999.)
  20. 3719.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 2. Administration [3710 - 3722] ( Article 2 added by Stats. 1982, Ch. 1344, Sec. 1. )

    Verify source ↗

    The board may require completion of one or more approved professional courses.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 2. Administration [3710 - 3722] ( Article 2 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3719.5. The board may require successful completion of one or more professional courses offered by the board, the American Association for Respiratory Care, or the California Society for Respiratory Care in any or all of the following circumstances: (a) As part of continuing education. (b) Prior to initial licensure. (c) Prior to consideration of a reinstatement petition. (Added by Stats. 2004, Ch. 695, Sec. 23. Effective January 1, 2005.)
  21. 3720.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 2. Administration [3710 - 3722] ( Article 2 added by Stats. 1982, Ch. 1344, Sec. 1. )

    Verify source ↗

    The board must hold at least one regular meeting each year and may hold other meetings as specified.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 2. Administration [3710 - 3722] ( Article 2 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3720. The board shall hold at least one regular meeting annually. The board may convene from time to time until its business is concluded. Special meetings may be held at the time and place the board may designate. Additional meetings may be held upon call of the president or at the written request of any two members of the board. (Amended by Stats. 1994, Ch. 1274, Sec. 5. Effective January 1, 1995.)
  22. 3722.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 2. Administration [3710 - 3722] ( Article 2 added by Stats. 1982, Ch. 1344, Sec. 1. )

    Verify source ↗

    The board must adopt regulations needed to carry out this chapter and must follow Government Code Chapter 3.5 when doing so.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 2. Administration [3710 - 3722] ( Article 2 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3722. The board shall adopt any regulations as may be necessary to effectuate this chapter. In adopting rules and regulations, the board shall comply with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 1994, Ch. 1274, Sec. 5.5. Effective January 1, 1995.)
  23. 3730.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 3. Certification of Practitioners [3730 - 3739] ( Article 3 added by Stats. 1982, Ch. 1344, Sec. 1. )

    Verify source ↗

    The board issues respiratory care licenses, and applicants must file applications directly with the board and include the required fee, a signed oath statement, and other information the board needs.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 3. Certification of Practitioners [3730 - 3739] ( Article 3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3730. (a) All licenses for the practice of respiratory care in this state shall be issued by the board, and all applications for those licenses shall be submitted directly to and filed with the board. Except as otherwise required by the director pursuant to Section 164, the license issued by the board shall describe the license holder as a “respiratory care practitioner licensed by the Respiratory Care Board of California.” (b) Each application shall be accompanied by the application fee prescribed in Section 3775, shall be signed by the applicant, and shall contain a statement under oath of the facts entitling the applicant to receive a license without examination or to take one or more examinations. (c) The application shall contain other information as the board deems necessary to determine the qualifications of the applicant. (Amended by Stats. 2014, Ch. 179, Sec. 1. (AB 1972) Effective January 1, 2015.)
  24. 3731.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 3. Certification of Practitioners [3730 - 3739] ( Article 3 added by Stats. 1982, Ch. 1344, Sec. 1. )

    Verify source ↗

    Respiratory care practitioners must use that title or “RCP” and may not use “Dr.”, “doctor,” or “M.D.” unless they are also licensed as a physician and surgeon in this state.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 3. Certification of Practitioners [3730 - 3739] ( Article 3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3731. A person holding a license as a respiratory care practitioner issued by the board shall use the title “respiratory care practitioner” or the letters “RCP”. The license as a respiratory care practitioner shall not authorize the use of the prefix “Dr.”, or the word “doctor”, or any suffix or affix indicating or implying that the licensed person is a doctor or a physician and surgeon. The suffix “M.D.” shall not be used unless the licensed practitioner is licensed as a physician and surgeon in this state. (Amended by Stats. 1994, Ch. 1274, Sec. 7. Effective January 1, 1995.)
  25. 3732.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 3. Certification of Practitioners [3730 - 3739] ( Article 3 added by Stats. 1982, Ch. 1344, Sec. 1. )

    Verify source ↗

    The board must investigate a license applicant before issuing a license and may deny the application or issue the license with conditions for specified disciplinary causes.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 3. Certification of Practitioners [3730 - 3739] ( Article 3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3732. (a) The board shall investigate an applicant for a license, before a license is issued, in order to determine whether or not the applicant has the qualifications required by this chapter. (b) The board may deny an application, or may order the issuance of a license with terms and conditions, for any of the causes specified in this chapter for suspension or revocation of a license, including, but not limited to, those causes specified in Sections 3750, 3750.5, 3752.5, 3752.6, 3755, 3757, 3760, and 3761. (Amended by Stats. 2003, Ch. 586, Sec. 7. Effective January 1, 2004.)
  26. 3735.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 3. Certification of Practitioners [3730 - 3739] ( Article 3 added by Stats. 1982, Ch. 1344, Sec. 1. )

    Verify source ↗

    Applicants cannot receive a respiratory therapy license unless they pass the required examinations, unless they qualify for the prior-exam deemed-satisfied exception.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 3. Certification of Practitioners [3730 - 3739] ( Article 3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3735. (a) Except as otherwise provided in this chapter, an applicant shall not receive a license under this chapter without first successfully passing the National Board for Respiratory Care’s Therapist Multiple-Choice Examination, at the cut-off level required to qualify for the Clinical Simulation Examination, and the Clinical Simulation Examination, or any succeeding examinations. (b) Notwithstanding subdivision (a), any person applying for licensure who provides evidence that he or she passed the national Certified Respiratory Therapist Examination or Written Registry Examination prior to January 1, 2015, shall be deemed to have met the examination requirement of subdivision (a), provided there is no evidence of prior license or job-related discipline, as determined by the board in its discretion. (Amended by Stats. 2018, Ch. 703, Sec. 26. (SB 1491) Effective January 1, 2019.)
  27. 3739.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 3. Certification of Practitioners [3730 - 3739] ( Article 3 added by Stats. 1982, Ch. 1344, Sec. 1. )

    Verify source ↗

    Applicants for respiratory therapy licensure may work temporarily as respiratory care practitioner applicants under direct supervision, subject to board-specified dates and conditions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 3. Certification of Practitioners [3730 - 3739] ( Article 3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3739. (a) Except as otherwise provided in this section, every person who has filed an application for licensure with the board may, between the dates specified by the board, perform as a respiratory care practitioner applicant under the direct supervision of a respiratory care practitioner licensed in this state if he or she has met education requirements for licensure as may be certified by his or her respiratory care program. (b) The board may extend the dates an applicant may perform as a respiratory care practitioner applicant under either of the following circumstances: (1) When the applicant is unable to complete the licensure application due to causes completely outside his or her control. (2) When the applicant provides evidence that he or she has successfully passed the national certified respiratory therapist examination, and the applicant has otherwise completed the application for licensure process and has not previously been authorized to practice as a respiratory care practitioner applicant under this subdivision. (c) Authorization to practice as a respiratory care practitioner applicant pursuant to paragraph (2) of subdivision (b) shall not exceed six months from the date of graduation or the date the application was filed, whenever is later. (d) During this period the applicant shall identify himself or herself only as a “respiratory care practitioner applicant.” (e) If for any reason the license is not issued, all privileges under subdivision (a) shall automatically cease on the date specified by the board. (f) This section shall not be construed to prohibit the board from denying or rescinding the privilege to work as a respiratory care practitioner applicant for any reason, including, but not limited to, failure to pass the registered respiratory therapist examination or if cause exists to deny the license. (g) “Under the direct supervision” means assigned to a respiratory care practitioner who is on duty and immediately available in the assigned patient care area. (Amended by Stats. 2014, Ch. 179, Sec. 4. (AB 1972) Effective January 1, 2015.)
  28. 3740.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 4. Education Standards [3740 - 3742] ( Article 4 added by Stats. 1982, Ch. 1344, Sec. 1. )

    Verify source ↗

    Applicants for licensure in this chapter generally must meet specified respiratory care education requirements, with some alternative ways to qualify and a board waiver option.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 4. Education Standards [3740 - 3742] ( Article 4 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3740. (a) Except as otherwise provided in this chapter, all applicants for licensure under this chapter shall have completed an education program for respiratory care that is accredited by the Commission on Accreditation for Respiratory Care or its successor and been awarded a minimum of an associate degree from an institution or university accredited by a regional accreditation agency or association recognized by the United States Department of Education. (b) Notwithstanding subdivision (a), meeting the following qualifications shall be deemed equivalent to the required education: (1) Enrollment in a baccalaureate degree program in an institution or university accredited by a regional accreditation agency or association recognized by the United States Department of Education. (2) Completion of science, general academic, and respiratory therapy coursework commensurate with the requirements for an associate degree in subdivision (a). (c) An applicant whose application is based on a diploma issued to the applicant by a foreign respiratory therapy school or a certificate or license issued by another state, district, or territory of the United States that does not meet the requirements in subdivision (a) or (b), shall enroll in an advanced standing and approved respiratory educational program for evaluation of his or her education and training and furnish documentary evidence, satisfactory to the board, that he or she satisfies all of the following requirements: (1) Holds an associate degree or higher level degree equivalent to that required in subdivision (a) or (b). (2) Completion of a respiratory therapy educational program equivalent to that required in subdivision (a) or (b). (3) Possession of knowledge and skills to competently and safely practice respiratory care in accordance with national standards. (d) Notwithstanding subdivision (c), an applicant whose application is based on education provided by a Canadian institution or university that does not meet the requirements in subdivision (a) or (b) shall furnish documentary evidence, satisfactory to the board, that he or she satisfies both of the following requirements: (1) Holds a degree equivalent to that required in subdivision (a) or (b). (2) Completion of a respiratory therapy educational program recognized by the Canadian Board of Respiratory Care. (e) A school shall give the director of a respiratory care program adequate release time to perform his or her administrative duties consistent with the established policies of the educational institution. (f) Satisfactory evidence as to educational qualifications shall take the form of certified transcripts of the applicant’s college record mailed directly to the board from the educational institution. However, the board may require an evaluation of educational credentials by an evaluation service approved by the board. (g) At the board’s discretion, it may waive its educational requirements if evidence is presented and the board deems it as meeting the current educational requirements that will ensure the safe and competent practice of respiratory care. This evidence may include, but is not limited to: (1) Work experience. (2) Good standing of licensure in another state. (3) Previous good standing of licensure in the State of California. (h) Nothing contained in this section shall prohibit the board from disapproving any respiratory therapy school, nor from denying the applicant if the instruction, including modalities and advancements in technology, received by the applicant or the courses were not equivalent to that required by the board. (Amended by Stats. 2009, Ch. 307, Sec. 33. (SB 821) Effective January 1, 2010.)
  29. 3741.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 4. Education Standards [3740 - 3742] ( Article 4 added by Stats. 1982, Ch. 1344, Sec. 1. )

    Verify source ↗

    A student in an approved respiratory care training program may render respiratory care services during clinical training if the services are incidental to the course of study, and the student must be identified only as a “student respiratory care practitioner.”

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 4. Education Standards [3740 - 3742] ( Article 4 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3741. (a) During the period of any clinical training, respiratory care services may be rendered by a student enrolled in an approved respiratory care training program when these services are incidental to his or her course of study. (b) A person engaged in a respiratory care training program as a student shall be identified only as a “student respiratory care practitioner.” (Amended by Stats. 1989, Ch. 645, Sec. 5.)
  30. 3742.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 4. Education Standards [3740 - 3742] ( Article 4 added by Stats. 1982, Ch. 1344, Sec. 1. )

    Verify source ↗

    During clinical training, a student respiratory care practitioner must be directly supervised by a person with a valid, current, unrestricted license under this chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 4. Education Standards [3740 - 3742] ( Article 4 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3742. During the period of any clinical training, a student respiratory care practitioner shall be under the direct supervision of a person holding a valid, current, and unrestricted license issued under this chapter. “Under the direct supervision” means assigned to a respiratory care practitioner who is on duty and immediately available in the assigned patient care area. (Amended by Stats. 2012, Ch. 799, Sec. 19. (SB 1575) Effective January 1, 2013.)
  31. 3750.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates [3750 - 3759] ( Article 5 added by Stats. 1982, Ch. 1344, Sec. 1. )

    Verify source ↗

    The board may discipline a respiratory therapy license by denying, suspending, revoking, or placing probationary conditions on it for listed misconduct or other specified causes.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates [3750 - 3759] ( Article 5 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3750. The board may order the denial, suspension, or revocation of, or the imposition of probationary conditions upon, a license issued under this chapter, for any of the following causes: (a) Advertising in violation of Section 651 or Section 17500. (b) Fraud in the procurement of any license under this chapter. (c) Employing an unlicensed person who presents herself or himself as a licensed respiratory care practitioner when the employer knew or should have known the person was not licensed. (d) Conviction of a crime that substantially relates to the qualifications, functions, or duties of a respiratory care practitioner. The record of conviction or a certified copy thereof shall be conclusive evidence of the conviction. (e) Impersonating or acting as a proxy for an applicant in any examination given under this chapter. (f) Negligence in his or her practice as a respiratory care practitioner. (g) Conviction of a violation of this chapter or of Division 2 (commencing with Section 500), or violating, or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate this chapter or Division 2 (commencing with Section 500). (h) The aiding or abetting of any person to violate this chapter or any regulations duly adopted under this chapter. (i) The aiding or abetting of any person to engage in the unlawful practice of respiratory care. (j) The commission of any fraudulent, dishonest, or corrupt act that is substantially related to the qualifications, functions, or duties of a respiratory care practitioner. (k) Falsifying, or making grossly incorrect, grossly inconsistent, or unintelligible entries in any patient, hospital, or other record. (l) Changing the prescription of a physician and surgeon, or falsifying verbal or written orders for treatment or a diagnostic regime received, whether or not that action resulted in actual patient harm. (m) Denial, suspension, or revocation of any license to practice by another agency, state, or territory of the United States for any act or omission that would constitute grounds for the denial, suspension, or revocation of a license in this state. (n) (1) Except for good cause, the knowing failure to protect patients by failing to follow infection control guidelines of the board, thereby risking transmission of bloodborne infectious diseases from licensee to patient, from patient to patient, and from patient to licensee. In administering this subdivision, the board shall consider referencing the standards, regulations, and guidelines of the State Department of Public Health developed pursuant to Section 1250.11 of the Health and Safety Code and the standards, regulations, and guidelines pursuant to the California Occupational Safety and Health Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of the Labor Code) for preventing the transmission of HIV, hepatitis B, and other bloodborne pathogens in health care settings. As necessary, the board shall consult with the California Medical Board, the Board of Podiatric Medicine, the Dental Board of California, the Board of Registered Nursing, and the Board of Vocational Nursing and Psychiatric Technicians, to encourage appropriate consistency in the implementation of this subdivision. (2) The board shall seek to ensure that licensees are informed of the responsibility of licensees and others to follow infection control guidelines, and of the most recent scientifically recognized safeguards for minimizing the risk of transmission of bloodborne infectious diseases. (o) Incompetence in his or her practice as a respiratory care practitioner. (p) A pattern of substandard care or negligence in his or her practice as a respiratory care practitioner, or in any capacity as a health care worker, consultant, supervisor, manager or health facility owner, or as a party responsible for the care of another. (q) Providing false statements or information on any form provided by the board or to any person representing the board during an investigation, probation monitoring compliance check, or any other enforcement-related action when the individual knew or should have known the statements or information was false. (Amended by Stats. 2016, Ch. 253, Sec. 1. (AB 923) Effective January 1, 2017.)
  32. 3750.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates [3750 - 3759] ( Article 5 added by Stats. 1982, Ch. 1344, Sec. 1. )

    Verify source ↗

    The board may discipline an applicant or licenseholder’s license for listed drug-, alcohol-, record-, and conduct-related violations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates [3750 - 3759] ( Article 5 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3750.5. In addition to any other grounds specified in this chapter, the board may deny, suspend, place on probation, or revoke the license of any applicant or licenseholder who has done any of the following: (a) Obtained, possessed, used, or administered to himself or herself in violation of law, or furnished or administered to another, any controlled substances as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code, or any dangerous drug as defined in Article 2 (commencing with Section 4015) of Chapter 9, except as directed by a licensed physician and surgeon, dentist, podiatrist, or other authorized health care provider, or illegally possessed any associated paraphernalia. (b) Used any controlled substance as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code, or any dangerous drug as defined in Article 2 (commencing with Section 4015) of Chapter 9 of this code, or alcoholic beverages, to an extent or in a manner dangerous or injurious to himself or herself, or to others, or that impaired his or her ability to conduct with safety the practice authorized by his or her license. (c) Applied for employment or worked in any health care profession or environment while under the influence of alcohol. (d) Been convicted of a criminal offense involving the consumption or self-administration of any of the substances described in subdivisions (a) and (b), or the possession of, or falsification of a record pertaining to, the substances described in subdivision (a), in which event the record of the conviction is conclusive evidence thereof. (e) Been committed or confined by a court of competent jurisdiction for intemperate use of or addiction to the use of any of the substances described in subdivisions (a), (b), and (c), in which event the court order of commitment or confinement is prima facie evidence of that commitment or confinement. (f) Falsified, or made grossly incorrect, grossly inconsistent, or unintelligible entries in any hospital, patient, or other record pertaining to the substances described in subdivision (a). (Amended by Stats. 2012, Ch. 799, Sec. 21. (SB 1575) Effective January 1, 2013.)
  33. 3750.51.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates [3750 - 3759] ( Article 5 added by Stats. 1982, Ch. 1344, Sec. 1. )

    Verify source ↗

    Most disciplinary accusations against a licensee must be filed within 3 years of discovery or 7 years of the act, whichever comes first, with special tolling and exceptions for fraud, minors, missing reports, and ongoing criminal investigations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates [3750 - 3759] ( Article 5 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3750.51. (a) Except as provided in subdivisions (b), (c), and (e), any accusation filed against a licensee pursuant to Section 11503 of the Government Code shall be filed within three years from the date the board discovers the alleged act or omission that is the basis for disciplinary action, or within seven years from the date the alleged act or omission that is the basis for disciplinary action occurred, whichever occurs first. (b) An accusation filed against a licensee pursuant to Section 11503 of the Government Code alleging the procurement of a license by fraud or misrepresentation is not subject to the limitations set forth in subdivision (a). (c) The limitation provided for by subdivision (a) shall be tolled for the length of time required to obtain compliance when a report required to be filed by the licensee or registrant with the board pursuant to Article 11 (commencing with Section 800) of Chapter 1 is not filed in a timely fashion. (d) If an alleged act or omission involves a minor, the seven-year limitations period provided for by subdivision (a) and the 10-year limitations period provided for by subdivision (e) shall be tolled until the minor reaches the age of majority. (e) An accusation filed against a licensee pursuant to Section 11503 of the Government Code alleging sexual misconduct shall be filed within three years after the board discovers the act or omission alleged as the ground for disciplinary action, or within 10 years after the act or omission alleged as the ground for disciplinary action occurs, whichever occurs first. (f) The limitations period provided by subdivision (a) shall be tolled during any period if material evidence necessary for prosecuting or determining whether a disciplinary action would be appropriate is unavailable to the board due to an ongoing criminal investigation. (Amended by Stats. 2001, Ch. 617, Sec. 3. Effective January 1, 2002.)
  34. 3750.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates [3750 - 3759] ( Article 5 added by Stats. 1982, Ch. 1344, Sec. 1. )

    Verify source ↗

    On request, a pocket license holder or work permit applicant must show the original document issued by the board; copies are not enough.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates [3750 - 3759] ( Article 5 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3750.6. Upon request, every holder of a pocket license shall produce for inspection the original pocket license issued by the board. A facsimile of the license is not sufficient for that purpose. Upon request, every applicant issued a work permit shall produce for inspection the original permit issued by the board. A facsimile of the work permit is not sufficient for that purpose. (Amended by Stats. 2003, Ch. 586, Sec. 12. Effective January 1, 2004.)
  35. 3751.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates [3750 - 3759] ( Article 5 added by Stats. 1982, Ch. 1344, Sec. 1. )

    Verify source ↗

    Certain disciplined respiratory therapy licensees may ask the board to reinstate or modify probation, but only after paying required amounts and meeting stated filing and supporting-document requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates [3750 - 3759] ( Article 5 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3751. (a) A person whose license has been revoked, surrendered, or suspended, or placed on probation, may petition the board for reinstatement, modification, or termination of probation, provided the person has paid all outstanding fees, fines, and cost recovery in full, and monthly probation monitoring payments are current. (b) A person petitioning for reinstatement of his or her license that has been revoked or surrendered for three or more years shall also meet the current education and examination requirements required for initial licensure. (c) A petition may be filed only after a period of time has elapsed, but not less than the following minimum periods from the effective date of the decision ordering that disciplinary action: (1) At least three years for reinstatement of a license that has been revoked or surrendered. (2) At least two years for early termination of probation of three years or more. (3) At least one year for modification of a condition, or reinstatement of a license revoked or surrendered for mental or physical illness, or termination of probation of less than three years. (d) The petition shall state any facts as may be required by the board. The petition shall be accompanied by at least two verified recommendations from licensed health care practitioners who have personal knowledge of the professional activities of the petitioner since the disciplinary penalty was imposed. The board may accept or reject the petition. (e) Written or oral argument may be provided by the petitioner or, at the request of the board, by the Attorney General. Unless the board or the petitioner requests the presentation of oral argument, the petition shall be considered and voted upon by mail. If the petitioner or the board requests the opportunity for oral argument, the petition shall be heard by the board or the board may assign the petition to an administrative law judge. (f) Consideration shall be given to all activities of the petitioner since the disciplinary action was taken, the offense for which the petitioner was disciplined, the petitioner’s activities during the time the license was in good standing, and the petitioner’s rehabilitative efforts, general reputation for truth, and professional ability. (g) The board may deny the petition for reinstatement, reinstate the license without terms and conditions, require an examination for the reinstatement, restoration, or modification of probation, or reinstate the license with terms and conditions as it deems necessary. Where a petition is heard by an administrative law judge, the administrative law judge shall render a proposed decision to the board denying the petition for reinstatement, reinstating the license without terms and conditions, requiring an examination for the reinstatement, or reinstating the license with terms and conditions as he or she deems necessary. The board may take any action with respect to the proposed decision and petition as it deems appropriate. (h) No petition shall be considered under either of the following circumstances: (1) If the petitioner is under sentence for any criminal offense including any period during which the petitioner is on court-imposed probation or parole. (2) If an accusation or a petition to revoke probation is pending against the person. (i) The board may deny without a hearing or argument any petition filed pursuant to this section within a period of three years from the effective date of the prior decision. (j) Petitions for reinstatement shall include a processing fee equal to fees charged pursuant to subdivisions (a) and (h) of Section 3775. In addition, petitions for reinstatement that are granted shall include a fee equal to the fee charged pursuant to subdivision (d) of Section 3775, before the license may be reinstated. (k) Nothing in this section shall be deemed to alter Sections 822 and 823. (Amended by Stats. 2018, Ch. 703, Sec. 27. (SB 1491) Effective January 1, 2019.)
  36. 3751.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates [3750 - 3759] ( Article 5 added by Stats. 1982, Ch. 1344, Sec. 1. )

    Verify source ↗

    A person denied licensure for cause may reapply to the board only after three years have passed from the denial.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates [3750 - 3759] ( Article 5 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3751.5. Notwithstanding Section 489, a person whose application for licensure has been denied for cause may reapply to the board for licensure only after a period of three years has elapsed from the date of the denial. (Added by Stats. 1994, Ch. 1274, Sec. 19.5. Effective January 1, 1995.)
  37. 3752.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates [3750 - 3759] ( Article 5 added by Stats. 1982, Ch. 1344, Sec. 1. )

    Verify source ↗

    The board must suspend or revoke a license, and may refuse to issue one, when the specified conviction-related conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates [3750 - 3759] ( Article 5 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3752. A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge of any offense which substantially relates to the qualifications, functions, or duties of a respiratory care practitioner is deemed to be a conviction within the meaning of this article. The board shall order the license suspended or revoked, or may decline to issue a license, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under Section 1203.4 of the Penal Code allowing the person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment. (Amended by Stats. 1994, Ch. 1274, Sec. 19.7. Effective January 1, 1995.)
  38. 3752.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates [3750 - 3759] ( Article 5 added by Stats. 1982, Ch. 1344, Sec. 1. )

    Verify source ↗

    A crime involving bodily injury or attempted bodily injury is treated as substantially related to a respiratory care practitioner’s qualifications, functions, or duties for this chapter and Division 1.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates [3750 - 3759] ( Article 5 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3752.5. For purposes of Division 1.5 (commencing with Section 475), and this chapter, a crime involving bodily injury or attempted bodily injury shall be considered a crime substantially related to the qualifications, functions, or duties of a respiratory care practitioner. (Added by Stats. 1987, Ch. 839, Sec. 9.)
  39. 3752.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates [3750 - 3759] ( Article 5 added by Stats. 1982, Ch. 1344, Sec. 1. )

    Verify source ↗

    This section treats sexual misconduct or attempted sexual misconduct, whether or not involving a patient, as substantially related to a respiratory care practitioner’s qualifications, functions, or duties.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates [3750 - 3759] ( Article 5 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3752.6. For purposes of Division 1.5 (commencing with Section 475), and this chapter, a crime involving sexual misconduct or attempted sexual misconduct, whether or not with a patient, shall be considered a crime substantially related to the qualifications, functions, or duties of a respiratory care practitioner. (Added by Stats. 1992, Ch. 1289, Sec. 29. Effective January 1, 1993.)
  40. 3752.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates [3750 - 3759] ( Article 5 added by Stats. 1982, Ch. 1344, Sec. 1. )

    Verify source ↗

    If a disciplinary decision finds sexual contact with a patient, or certain sex-offense conduct or convictions, it must include revocation, and the revocation cannot be stayed by the administrative law judge.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates [3750 - 3759] ( Article 5 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3752.7. Notwithstanding Section 3750, any proposed decision or decision issued under this chapter in accordance with the procedures set forth in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, that contains any finding of fact that the licensee or registrant engaged in any act of sexual contact, as defined in Section 729, with a patient, or has committed an act or been convicted of a sex offense as defined in Section 44010 of the Education Code, shall contain an order of revocation. The revocation shall not be stayed by the administrative law judge. For purposes of this section, the patient shall no longer be considered a patient of the respiratory care practitioner when the order for respiratory procedures is terminated, discontinued, or not renewed by the prescribing physician and surgeon. (Added by Stats. 1994, Ch. 1274, Sec. 20. Effective January 1, 1995.)
  41. 3753.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates [3750 - 3759] ( Article 5 added by Stats. 1982, Ch. 1344, Sec. 1. )

    Verify source ↗

    Procedures for license denial, suspension, or revocation under this chapter must follow the Administrative Procedure Act.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates [3750 - 3759] ( Article 5 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3753. The procedure in all matters and proceedings relating to the denial, suspension, or revocation of licenses under this chapter shall be governed by the provisions of the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code). (Amended by Stats. 1991, Ch. 654, Sec. 29.)
  42. 3753.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates [3750 - 3759] ( Article 5 added by Stats. 1982, Ch. 1344, Sec. 1. )

    Verify source ↗

    A probation decision may require the probationer to pay monitoring costs, and the board may not renew or reinstate a license if those ordered costs were not fully paid after probation ends.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates [3750 - 3759] ( Article 5 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3753.1. (a) An administrative disciplinary decision imposing terms of probation may include, among other things, a requirement that the licensee-probationer pay the monetary costs associated with monitoring the probation. (b) The board shall not renew or reinstate the license of any licensee who has failed to pay all of the costs ordered under this section once a licensee has served his or her term of probation. (Amended by Stats. 2002, Ch. 1150, Sec. 31. Effective January 1, 2003.)
  43. 3753.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates [3750 - 3759] ( Article 5 added by Stats. 1982, Ch. 1344, Sec. 1. )

    Verify source ↗

    The board or administrative law judge may order a practitioner or applicant to pay disciplinary costs, but the amount cannot exceed investigation and prosecution costs.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates [3750 - 3759] ( Article 5 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3753.5. (a) In any order issued in resolution of a disciplinary proceeding before the board, the board or the administrative law judge may direct any practitioner or applicant found to have committed a violation or violations of law or any term and condition of board probation to pay to the board a sum not to exceed the costs of the investigation and prosecution of the case. A certified copy of the actual costs, or a good faith estimate of costs where actual costs are not available, signed by the official custodian of the record or his or her designated representative shall be prima facie evidence of the actual costs of the investigation and prosecution of the case. (b) The costs shall be assessed by the administrative law judge and shall not be increased by the board; however, the costs may be imposed or increased by the board if it does not adopt the proposed decision of the case. Where an order for recovery of costs is made and timely payment is not made as directed in the board’s decision the board may enforce the order for repayment in any appropriate court. This right of enforcement shall be in addition to any other rights the board may have as to any practitioner directed to pay costs. (c) In any action for recovery of costs, proof of the board’s decision shall be conclusive proof of the validity of the order of payment and the terms for payment. (d) (1) The board shall not renew or reinstate the license of any licensee who has failed to pay all of the costs ordered under this section. (2) Notwithstanding paragraph (1), the board may, in its discretion, conditionally renew, for a maximum of one year, the license of any licensee who demonstrates financial hardship, through documentation satisfactory to the board, and who enters into a formal agreement with the board to reimburse the board within that one-year period for those unpaid costs. (Amended by Stats. 2009, Ch. 308, Sec. 40. (SB 819) Effective January 1, 2010.)
  44. 3753.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates [3750 - 3759] ( Article 5 added by Stats. 1982, Ch. 1344, Sec. 1. )

    Verify source ↗

    For this chapter, “costs of prosecution” includes attorney general or other prosecuting attorney fees, expert witness fees, and certain administrative, filing, and service fees.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates [3750 - 3759] ( Article 5 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3753.7. For purposes of this chapter, costs of prosecution shall include attorney general or other prosecuting attorney fees, expert witness fees, and other administrative, filing, and service fees. (Added by Stats. 1993, Ch. 1069, Sec. 2. Effective January 1, 1994.)
  45. 3754.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates [3750 - 3759] ( Article 5 added by Stats. 1982, Ch. 1344, Sec. 1. )

    Verify source ↗

    The board may deny a license application, issue a license with terms and conditions, suspend or revoke a license, or impose probationary conditions, but only in a decision made after a hearing and as provided in Section 3753.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates [3750 - 3759] ( Article 5 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3754. The board may deny an application for, or issue with terms and conditions, or suspend or revoke, or impose probationary conditions upon, a license in any decision made after a hearing, as provided in Section 3753. (Amended by Stats. 1994, Ch. 1274, Sec. 21.5. Effective January 1, 1995.)
  46. 3754.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates [3750 - 3759] ( Article 5 added by Stats. 1982, Ch. 1344, Sec. 1. )

    Verify source ↗

    The board must take action against a licensee if the license was obtained by fraud or misrepresentation, or if the license was issued by mistake.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates [3750 - 3759] ( Article 5 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3754.5. The board shall initiate action against any licensee who obtains a license by fraud or misrepresentation. The board shall take action against any licensee whose license was issued by mistake. (Amended by Stats. 1994, Ch. 1274, Sec. 21.7. Effective January 1, 1995.)
  47. 3754.8.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates [3750 - 3759] ( Article 5 added by Stats. 1982, Ch. 1344, Sec. 1. )

    Verify source ↗

    The board keeps jurisdiction over a licensee even if the respiratory care license ends, is suspended, or is voluntarily surrendered.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates [3750 - 3759] ( Article 5 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3754.8. The expiration, cancellation, forfeiture, or suspension of a license, practice privilege, or other authority to practice respiratory care by operation of law or by order or decision of the board or a court of law, the placement of a license on a retired status, or the voluntary surrender of the license by a licensee shall not deprive the board of jurisdiction to commence or proceed with any investigation of, or action or disciplinary proceeding against, the licensee, or to render a decision to suspend or revoke the license. (Added by Stats. 2016, Ch. 253, Sec. 2. (AB 923) Effective January 1, 2017.)
  48. 3755.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates [3750 - 3759] ( Article 5 added by Stats. 1982, Ch. 1344, Sec. 1. )

    Verify source ↗

    The board may discipline respiratory care practitioners for unprofessional conduct in respiratory care, and repeated unprofessional conduct can be a misdemeanor punishable by fine, jail, or both.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates [3750 - 3759] ( Article 5 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3755. (a) The board may take action against a respiratory care practitioner who is charged with unprofessional conduct in administering, or attempting to administer, direct or indirect respiratory care in any care setting. Unprofessional conduct includes, but is not limited to, the following: (1) Repeated acts of clearly administering directly or indirectly inappropriate respiratory care procedures, protocols, therapeutic regimens, or diagnostic testing or monitoring techniques. (2) Any act of administering unsafe respiratory care procedures, protocols, therapeutic regimens, or diagnostic testing or monitoring techniques. (3) Any act of abuse towards a patient. (4) A violation of any provision of Section 3750. (b) The board may determine unprofessional conduct involving any and all aspects of respiratory care performed by anyone licensed as a respiratory care practitioner. (c) Any person who engages in repeated acts of unprofessional conduct shall be guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000), or by imprisonment for a term not to exceed six months, or by both that fine and imprisonment. (Amended by Stats. 2016, Ch. 253, Sec. 3. (AB 923) Effective January 1, 2017.)
  49. 3756.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates [3750 - 3759] ( Article 5 added by Stats. 1982, Ch. 1344, Sec. 1. )

    Verify source ↗

    The board may order a respiratory care practitioner to take a competency exam when there is reasonable cause, and the practitioner gets notice, can oppose the petition, and may be represented at a hearing.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates [3750 - 3759] ( Article 5 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3756. (a) A respiratory care practitioner who provides respiratory care may be ordered to undergo a professional competency examination approved by the board if, after investigation and review by one or more respiratory care practitioner consultants of the board, there is reasonable cause to believe that the person providing respiratory care is unable or unwilling to practice respiratory care with reasonable skill and patient safety. Reasonable cause shall be determined by the board and may include, but shall not be limited to, the following: (1) Negligence. (2) A pattern of inappropriate direct or indirect administration of respiratory care protocols, procedures, therapeutic regimens, or diagnostic testing of monitoring techniques. (3) An act of incompetence or negligence causing death or serious bodily injury. (4) A pattern of substandard care. (5) Violation of any provision of this chapter. (b) The matter shall be presented by the board’s executive officer or designee by way of a written petition detailing the reasonable cause. The petition shall contain all conclusions and facts upon which the presumption of reasonable cause is based. A copy of the petition shall be served on the person who shall have 45 days after receipt of the copy of the petition to file written opposition to the petition. Service of the petition and any order shall be in accordance with the methods of service authorized by subdivision (c) of Section 11505 of the Government Code. (c) The board shall review the petition and any written opposition from the person who has charges brought against him or her, or the board may hold a hearing in accordance with the Administrative Procedure Act to determine if reasonable cause exists, as specified in subdivision (a). The person who has charges brought against him or her shall have the right to be represented at that hearing by a person of his or her choice. If the board is satisfied that reasonable cause exists that is considered by the board as unprofessional conduct, the board shall issue an order compelling the person who has charges brought against him or her to undergo an examination of professional competency, as measured by community standards. For purposes of this section, “community standards” means the statewide standards of the community of licensees. Failure to comply with the order duly served the person charged shall constitute unprofessional conduct for purposes of disciplinary proceedings and failure to pass the examination shall result in denial, suspension, or revocation of the license, or registration which shall be determined by the board in its discretion. (d) If the board proceeds pursuant to Sections 3755 and 3756 and the person charged passes the professional competency examination administered, the board shall be precluded from filing an accusation of incompetency based solely on the circumstances giving rise to the reasonable cause for the examination. (e) If the board determines there is insufficient cause to file an accusation based on the examination results, then all agency records of the proceedings, including the petition and order for the examination, investigative reports, if any, reports of staff or the board’s consultants, and the reports of the examiners, shall be kept confidential and shall not be subject to discovery or subpoena. (f) If no further proceedings are conducted to determine the person’s fitness to practice during a period of five years from the date of the petition under Section 3756, then the agency shall purge and destroy all records pertaining to the proceeding. (Amended by Stats. 1994, Ch. 1274, Sec. 23. Effective January 1, 1995.)
  50. 3757.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates [3750 - 3759] ( Article 5 added by Stats. 1982, Ch. 1344, Sec. 1. )

    Verify source ↗

    The board may refuse to issue a license or authorization for a respiratory care practitioner applicant if the applicant may not be able to practice safely because of mental illness or chemical dependency.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates [3750 - 3759] ( Article 5 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3757. The board may refuse to issue a license or an authorization to work as a “respiratory care practitioner applicant” whenever it appears that the applicant may be unable to practice his or her profession safely due to mental illness or chemical dependency. The procedures set forth in Article 12.5 (commencing with Section 820) of Chapter 1 shall apply to any denial of a license or authorization pursuant to this section. (Amended by Stats. 1994, Ch. 1274, Sec. 23.5. Effective January 1, 1995.)
  51. 3758.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates [3750 - 3759] ( Article 5 added by Stats. 1982, Ch. 1344, Sec. 1. )

    Verify source ↗

    Certain employers and registry or agency managers must report specified leave, resignation, suspension, or termination-for-cause events for respiratory care practitioners to the Respiratory Care Board of California.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates [3750 - 3759] ( Article 5 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3758. (a) Any employer of a respiratory care practitioner shall report to the Respiratory Care Board of California any leave, resignation, suspension, or termination for cause of any practitioner in their employ. The reporting required herein shall not act as a waiver of confidentiality of medical records. The information reported or disclosed shall be kept confidential except as provided in subdivision (c) of Section 800, and shall not be subject to discovery in civil cases. (b) For purposes of the section, “leave, resignation, suspension, or termination for cause” is defined to mean any administrative leave, employee leave, resignation, suspension, or termination from employment for any of the following reasons: (1) Suspected or actual use of controlled substances or alcohol to such an extent that it impairs the ability to safely practice respiratory care. (2) Suspected or actual unlawful sale of controlled substances or other prescription items. (3) Suspected or actual patient neglect, physical harm to a patient, or sexual contact with a patient. (4) Suspected or actual falsification of medical records. (5) Suspected or actual gross incompetence or negligence. (6) Suspected or actual theft from patients, other employees, or the employer. (c) An owner, director, partner, or manager of a registry or agency that places one or more respiratory care practitioners at any facility to practice respiratory care shall report to the Respiratory Care Board of California pursuant to subdivision (a) if either of the following apply: (1) The owner, director, partner, or manager is aware that a respiratory care practitioner is no longer employed at the facility they were placed at by the registry or agency for any behavior described in subdivision (b). (2) The owner, director, partner, or manager is asked to place the practitioner on a “do not call” list or other status indicating the facility does not want that practitioner placed at their facility for any behavior described in subdivision (b). (d) Failure of an employer to make a report required by this section is punishable by an administrative fine not to exceed ten thousand dollars ($10,000) per violation. (Amended by Stats. 2022, Ch. 624, Sec. 5. (SB 1436) Effective January 1, 2023.)
  52. 3758.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates [3750 - 3759] ( Article 5 added by Stats. 1982, Ch. 1344, Sec. 1. )

    Verify source ↗

    A licensee who knows another person may have violated board-administered laws or regulations must report that information to the board in writing and cooperate as required.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates [3750 - 3759] ( Article 5 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3758.5. If a licensee has knowledge that another person may be in violation of, or has violated, any of the statutes or regulations administered by the board, the licensee shall report this information to the board in writing and shall cooperate with the board in furnishing information or assistance as may be required. (Added by Stats. 1998, Ch. 553, Sec. 5. Effective January 1, 1999.)
  53. 3758.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates [3750 - 3759] ( Article 5 added by Stats. 1982, Ch. 1344, Sec. 1. )

    Verify source ↗

    Employers must report certain supervisor information and related employment events to the board, and a failure to report can result in an administrative fine.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates [3750 - 3759] ( Article 5 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3758.6. (a) In addition to the reporting required under Section 3758, an employer shall also report to the board the name, professional licensure type and number, and title of the person supervising the licensee who has been subject to leave, resignation, suspension, or termination for cause, as defined in subdivision (b) of Section 3758. If the supervisor is a licensee under this chapter, the board shall investigate whether due care was exercised by that supervisor in accordance with this chapter. If the supervisor is a health professional, licensed by another licensing board under this division, the employer shall report the name of that supervisor and any and all information pertaining to the leave, resignation, suspension, or termination for cause of the person licensed under this chapter to the appropriate licensing board. (b) The failure of an employer to make a report required by this section is punishable by an administrative fine not to exceed ten thousand dollars ($10,000) per violation. (Amended by Stats. 2022, Ch. 624, Sec. 6. (SB 1436) Effective January 1, 2023.)
  54. 3759.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates [3750 - 3759] ( Article 5 added by Stats. 1982, Ch. 1344, Sec. 1. )

    Verify source ↗

    A person cannot be made to pay a civil penalty for making a report that this chapter requires.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 5. Suspension, Revocation, and Reinstatement of Certificates [3750 - 3759] ( Article 5 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3759. Pursuant to Section 43.8 of the Civil Code, no person shall incur any civil penalty as a result of making any report required by this chapter. (Added by Stats. 1998, Ch. 553, Sec. 7. Effective January 1, 1999.)
  55. 3760.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 6. Offenses and Enforcement [3760 - 3769.3] ( Article 6 added by Stats. 1982, Ch. 1344, Sec. 1. )

    Verify source ↗

    This section forbids unlicensed or otherwise unauthorized respiratory care practice and limits who may claim respiratory therapy titles or use related abbreviations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 6. Offenses and Enforcement [3760 - 3769.3] ( Article 6 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3760. (a) Except as otherwise provided in this chapter, no person shall engage in the practice of respiratory care, respiratory therapy, or inhalation therapy. For purposes of this section, engaging in the practice of respiratory care includes, but is not limited to, representations by a person whether through verbal claim, sign, advertisement, letterhead, business card, or other representation that he or she is able to perform any respiratory care service, or performance of any respiratory care service. (b) No person who is unlicensed or whose respiratory care practitioner license has been revoked or suspended, or whose license is not valid shall engage in the practice of respiratory care during the period of suspension or revocation, even though the person may continue to hold a certificate or registration issued by a private certifying entity. (c) Except as otherwise provided in this chapter, no person may represent himself or herself to be a respiratory care practitioner, a respiratory therapist, a respiratory care technician, or an inhalation therapist, or use the abbreviation or letters “R.C.P.,” “R.P.,” “R.T.,” or “I.T.,” or use any modifications or derivatives of those abbreviations or letters without a current and valid license issued under this chapter. (d) No respiratory care practitioner applicant shall begin practice as a “respiratory care practitioner applicant” pursuant to Section 3739 until the applicant meets the applicable requirements of this chapter and obtains a valid work permit. (Amended by Stats. 2003, Ch. 586, Sec. 14. Effective January 1, 2004.)
  56. 3760.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 6. Offenses and Enforcement [3760 - 3769.3] ( Article 6 added by Stats. 1982, Ch. 1344, Sec. 1. )

    Verify source ↗

    The board must share complaints and investigation information about certain licensed persons with the Board of Vocational Nursing and Psychiatric Technicians of the State of California.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 6. Offenses and Enforcement [3760 - 3769.3] ( Article 6 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3760.5. The board shall share all complaints and information related to investigations involving a person licensed pursuant to Chapter 6.5 (commencing with Section 2840), including, but not limited to, data, findings, interviews, and evidence, with the Board of Vocational Nursing and Psychiatric Technicians of the State of California. (Added by Stats. 2022, Ch. 624, Sec. 7. (SB 1436) Effective January 1, 2023.)
  57. 3761.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 6. Offenses and Enforcement [3760 - 3769.3] ( Article 6 added by Stats. 1982, Ch. 1344, Sec. 1. )

    Verify source ↗

    A person may not practice respiratory care or claim to be a respiratory care practitioner in this state without a valid license, and no person or corporation may knowingly employ someone who falsely holds themself out as such, except as otherwise provided in the chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 6. Offenses and Enforcement [3760 - 3769.3] ( Article 6 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3761. (a) No person may practice respiratory care or represent himself or herself to be a respiratory care practitioner in this state, without a valid license granted under this chapter, except as otherwise provided in this chapter. (b) No person or corporation shall knowingly employ a person who holds himself or herself out to be a respiratory care practitioner without a valid license granted under this chapter, except as otherwise provided in this chapter. (Amended by Stats. 2003, Ch. 586, Sec. 15. Effective January 1, 2004.)
  58. 3762.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 6. Offenses and Enforcement [3760 - 3769.3] ( Article 6 added by Stats. 1982, Ch. 1344, Sec. 1. )

    Verify source ↗

    This section says the chapter is not meant to restrict or interfere with other licensed personnel doing their authorized and customary work.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 6. Offenses and Enforcement [3760 - 3769.3] ( Article 6 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3762. Nothing in this chapter is intended to limit, preclude, or otherwise interfere with the practices of other licensed personnel in carrying out authorized and customary duties and functions. (Amended by Stats. 1994, Ch. 1274, Sec. 25. Effective January 1, 1995.)
  59. 3763.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 6. Offenses and Enforcement [3760 - 3769.3] ( Article 6 added by Stats. 1982, Ch. 1344, Sec. 1. )

    Verify source ↗

    Anyone who violates this chapter commits a misdemeanor and may be fined up to $1,000, jailed up to 6 months, or both, for each offense.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 6. Offenses and Enforcement [3760 - 3769.3] ( Article 6 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3763. Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor punishable by a fine not exceeding one thousand dollars ($1,000) or imprisonment in a county jail not exceeding six months, or both, for each offense. (Amended by Stats. 1994, Ch. 1274, Sec. 26. Effective January 1, 1995.)
  60. 3764.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 6. Offenses and Enforcement [3760 - 3769.3] ( Article 6 added by Stats. 1982, Ch. 1344, Sec. 1. )

    Verify source ↗

    The superior court may issue an injunction or similar order to stop conduct that is, or is about to be, an offense against this chapter, when the board, the Medical Board of California, or 10 or more licensed respiratory care practitioners apply.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 6. Offenses and Enforcement [3760 - 3769.3] ( Article 6 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3764. Whenever any person has engaged or is about to engage in any acts or practices that constitute or will constitute an offense against this chapter, the superior court of any county, on application of the board, the Medical Board of California, or by 10 or more persons holding respiratory care practitioner licenses issued under this chapter, may issue an injunction or other appropriate order restraining that conduct. Proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that no undertaking shall be required in any action commenced by the board. (Amended by Stats. 1995, Ch. 279, Sec. 23. Effective January 1, 1996.)
  61. 3765.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 6. Offenses and Enforcement [3760 - 3769.3] ( Article 6 added by Stats. 1982, Ch. 1344, Sec. 1. )

    Verify source ↗

    This section says the act does not prohibit several listed respiratory-care-related activities, including student training, self-care, family care, emergency care, certain board-authorized temporary services, and specified licensed vocational nurse and other facility-based tasks.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 6. Offenses and Enforcement [3760 - 3769.3] ( Article 6 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3765. This act does not prohibit any of the following activities: (a) The performance of respiratory care that is an integral part of the program of study by students enrolled in approved respiratory therapy training programs. (b) Self-care by the patient or the gratuitous care by a friend or member of the family who does not represent or hold themselves out to be a respiratory care practitioner licensed under the provisions of this chapter. (c) The respiratory care practitioner from performing advances in the art and techniques of respiratory care learned through formal or specialized training. (d) The performance of respiratory care in an emergency situation by paramedical personnel who have been formally trained in these modalities and are duly licensed under the provisions of an act pertaining to their specialty. (e) Temporary performance, by other health care personnel, students, or groups, of respiratory care services, as identified and authorized by the board, in the event of an epidemic, pandemic, public disaster, or emergency. (f) Persons from engaging in cardiopulmonary research. (g) Formally trained licensees and staff of child day care facilities from administering to a child inhaled medication as defined in Section 1596.798 of the Health and Safety Code. (h) The performance by a person employed by a home medical device retail facility or by a home health agency licensed by the State Department of Public Health of specific, limited, and basic respiratory care or respiratory care-related services that have been authorized by the board. (i) The performance, by a vocational nurse licensed by the Board of Vocational Nursing and Psychiatric Technicians of the State of California who is employed by a home health agency licensed by the State Department of Public Health, of respiratory tasks and services identified by the board, if the licensed vocational nurse complies with the following: (1) Before January 1, 2028, the licensed vocational nurse has completed patient-specific training satisfactory to their employer. (2) On or after January 1, 2028, the licensed vocational nurse has completed patient-specific training by the employer in accordance with guidelines that shall be promulgated by the board no later than January 1, 2028, in collaboration with the Board of Vocational Nursing and Psychiatric Technicians of the State of California. (j) The performance of respiratory care services identified by the board by a licensed vocational nurse who satisfies the requirements in paragraph (1) in the settings listed in paragraph (2). (1) (A) The licensed vocational nurse is licensed pursuant to Chapter 6.5 (commencing with Section 2840). (B) The licensed vocational nurse has completed patient-specific training satisfactory to their employer. (C) The licensed vocational nurse holds a current and valid certification of competency for each respiratory task to be performed from the California Association of Medical Product Suppliers, the California Society for Respiratory Care, or another organization identified by the board. (2) A licensed vocational nurse may perform the respiratory care services identified by the board pursuant to this subdivision in the following settings: (A) At a congregate living health facility licensed by the State Department of Public Health that is designated as six beds or fewer. (B) At an intermediate care facility licensed by the State Department of Public Health that is designated as six beds or fewer. (C) At an adult day health care center licensed by the State Department of Public Health. (D) As an employee of a home health agency licensed by the State Department of Public Health or an individual nurse provider working in a residential home. (E) At a pediatric day health and respite care facility licensed by the State Department of Public Health. (F) At a small family home licensed by the State Department of Social Services that is designated as six beds or fewer. (G) As a private duty nurse as part of daily transportation and activities outside a patient’s residence or family respite for home- and community-based patients. (3) This subdivision is operative on January 1, 2028. (k) The performance of pulmonary function testing by persons who are currently employed by Los Angeles County hospitals and have performed pulmonary function testing for at least 15 years. (l) The performance of suctioning and other basic respiratory tasks and services by a vocational nurse licensed by the Board of Vocational Nursing and Psychiatric Technicians of the State of California under the supervision of a credentialed school nurse in accordance with Sections 49423.5 and 49426.5 of the Education Code. (Amended by Stats. 2025, Ch. 582, Sec. 1. (SB 389) Effective January 1, 2026.)
  62. 3766.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 6. Offenses and Enforcement [3760 - 3769.3] ( Article 6 added by Stats. 1982, Ch. 1344, Sec. 1. )

    Verify source ↗

    The board may issue citations with abatement orders and civil penalties against unlicensed respiratory care practitioners and against people who employ or contract with them.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 6. Offenses and Enforcement [3760 - 3769.3] ( Article 6 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3766. (a) The board may issue a citation containing an order of abatement and civil penalties against a person who acts in the capacity of, or engages in the business of, a respiratory care practitioner in this state without having a license in good standing issued pursuant to this chapter. (b) The board may issue a citation containing an order of abatement and civil penalties against a person employing or contracting with a person who acts in the capacity of, or engages in the business of, a respiratory care practitioner in this state without having a license in good standing issued pursuant to this chapter. (Added by Stats. 2002, Ch. 1150, Sec. 34. Effective January 1, 2003.)
  63. 3767.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 6. Offenses and Enforcement [3760 - 3769.3] ( Article 6 added by Stats. 1982, Ch. 1344, Sec. 1. )

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    The board must issue a citation when it has probable cause to believe a person is practicing respiratory care without a license and is not exempt. The citation must be in writing, include an abatement order, and assess a civil penalty of $200 to $15,000.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 6. Offenses and Enforcement [3760 - 3769.3] ( Article 6 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3767. (a) The board shall issue a citation to a person and to his or her employer or contractor, if, upon inspection or investigation, either upon complaint or otherwise, the following conditions are met: (1) The board has probable cause to believe that the person is acting in the capacity of, or engaging in the practice of, a respiratory care practitioner in this state without having a license in good standing issued pursuant to this chapter. (2) The person is not otherwise exempted from the provisions of this chapter. (b) Each citation issued pursuant to subdivision (a) shall meet all of the following requirements: (1) Be in writing and describe with particularity the basis of the citation. (2) Contain an order of abatement and an assessment of a civil penalty in an amount not less than two hundred dollars ($200) nor more than fifteen thousand dollars ($15,000). (c) A person served with a citation may appeal to the board within 15 calendar days after service of the citation with respect to any of the following: (1) The violations alleged. (2) The scope of the order of abatement. (3) The amount of the civil penalty assessed. (d) If, within 15 calendar days after service of the citation, the person cited fails to notify the board that he or she intends to appeal the citation, the citation shall be deemed a final order of the board and not subject to review by any court or agency. The board may extend the 15-day period for good cause. (e) (1) If a person cited under this section notifies the board in a timely manner that he or she intends to contest the citation, the board shall afford an opportunity for a hearing. (2) The board shall thereafter issue a decision, based on findings of fact, affirming, modifying, or vacating the citation, or directing other appropriate relief. (f) With the approval of the board, the executive officer shall prescribe procedures for the issuance and appeal of a citation and procedures for a hearing under this section. The board shall adopt regulations covering the assessment of a civil penalty that shall give due consideration to the gravity of the violation, and any history of previous violations. (g) The sanctions authorized under this section shall be separate from and in addition to, any other civil or criminal remedies. (Added by Stats. 2002, Ch. 1150, Sec. 35. Effective January 1, 2003.)
  64. 3768.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 6. Offenses and Enforcement [3760 - 3769.3] ( Article 6 added by Stats. 1982, Ch. 1344, Sec. 1. )

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    After review procedures are exhausted, the board may go to superior court to seek a civil-penalty judgment and an order enforcing abatement, and it may use collection agencies to collect civil penalties.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 6. Offenses and Enforcement [3760 - 3769.3] ( Article 6 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3768. (a) After the exhaustion of the review procedures provided for in Section 3767, and as adopted by regulation, the board may apply to the appropriate superior court for both of the following: (1) A judgment in the amount of the civil penalty. (2) An order compelling the cited person to comply with the order of abatement. (b) The application described in subdivision (a) shall include a certified copy of the final order of the board. (c) The application described in subdivision (a) shall constitute a sufficient showing to warrant the issuance of the judgment and order. (d) The board may employ collection agencies or other methods in order to collect civil penalties. (Added by Stats. 2002, Ch. 1150, Sec. 36. Effective January 1, 2003.)
  65. 3769.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 6. Offenses and Enforcement [3760 - 3769.3] ( Article 6 added by Stats. 1982, Ch. 1344, Sec. 1. )

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    The board may issue a public reprimand by stipulation with the affected licensee after investigating, instead of filing or prosecuting a formal accusation.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 6. Offenses and Enforcement [3760 - 3769.3] ( Article 6 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3769.3. (a) Notwithstanding any other provision, the board may, by stipulation with the affected licensee, issue a public reprimand, after it has conducted an investigation, in lieu of filing or prosecuting a formal accusation. (b) The stipulation shall contain the authority, grounds, and causes and circumstances for taking such action and by way of waiving the affected licensee’s rights, inform the licensee of his or her rights to have a formal accusation filed and stipulate to a settlement thereafter or have the matter in the statement of issues heard before an administrative law judge in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (c) The stipulation shall be public information and shall be used as evidence in any future disciplinary or penalty action taken by the board. (Amended by Stats. 2011, Ch. 296, Sec. 5. (AB 1023) Effective January 1, 2012.)
  66. 3770.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 7. Fiscal Administration [3770 - 3779] ( Article 7 added by Stats. 1982, Ch. 1344, Sec. 1. )

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    The department must keep records and a register of licensed respiratory care practitioners, update a statewide list every two years, and provide copies of that list to interested persons who apply and pay the department’s set fee.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 7. Fiscal Administration [3770 - 3779] ( Article 7 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3770. The department shall keep a record of its proceedings under this chapter, and a register of all persons licensed under it. The register shall show the name of every living licensed respiratory care practitioner, his or her last known place of residence, or address of record, and the date and number of his or her certificate as a respiratory care practitioner. The department shall, once every two years, compile a list of respiratory care practitioners authorized to practice respiratory care in the state. Any interested person is entitled to obtain a copy of that list upon application to the department and payment of an amount as may be fixed by the department, which amount shall not exceed the cost of the list so furnished. (Amended by Stats. 2002, Ch. 1150, Sec. 37. Effective January 1, 2003.)
  67. 3771.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 7. Fiscal Administration [3770 - 3779] ( Article 7 added by Stats. 1982, Ch. 1344, Sec. 1. )

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    The board must report monthly collections, fines, and forfeitures to the Controller within 10 days after each calendar month begins, and pay those sums into the State Treasury at the same time.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 7. Fiscal Administration [3770 - 3779] ( Article 7 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3771. Within 10 days after the beginning of each calendar month, the board shall report to the Controller the amount and source of all collections made from persons licensed or seeking to be licensed under this chapter, and all fines and forfeitures to which the board is entitled, and at the same time, pay all these sums into the State Treasury, where they shall be credited to the Respiratory Care Fund, which is hereby created to carry out the purposes of this chapter. (Amended by Stats. 2005, Ch. 74, Sec. 12. Effective July 19, 2005.)
  68. 3772.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 7. Fiscal Administration [3770 - 3779] ( Article 7 added by Stats. 1982, Ch. 1344, Sec. 1. )

    Verify source ↗

    The board must place covered collections into the Respiratory Care Fund and report the amount and source of those collections to the Controller at the beginning of each month.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 7. Fiscal Administration [3770 - 3779] ( Article 7 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3772. There is established in the State Treasury the Respiratory Care Fund. All collections from persons licensed or seeking to be licensed under this chapter shall be paid by the board into the fund after the report to the Controller at the beginning of each month of the amount and source of the collections. Moneys in the fund shall be available to the board, upon appropriation by the Legislature. (Amended by Stats. 2017, Ch. 600, Sec. 16. (SB 796) Effective January 1, 2018.)
  69. 3773.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 7. Fiscal Administration [3770 - 3779] ( Article 7 added by Stats. 1982, Ch. 1344, Sec. 1. )

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    A respiratory care practitioner licensee renewing a license must tell the board about certain crimes and current employers, and must provide additional requested information.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 7. Fiscal Administration [3770 - 3779] ( Article 7 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3773. (a) At the time of application for renewal of a respiratory care practitioner license, the licensee shall notify the board of all of the following: (1) Whether he or she has been convicted of any crime subsequent to the licensee’s previous renewal. (2) The name and address of the licensee’s current employer or employers. (b) The licensee shall cooperate in furnishing additional information as requested by the board. If the licensee fails to provide the requested information within 30 days, the license shall be made inactive until the information is received. (Amended by Stats. 2009, Ch. 307, Sec. 35. (SB 821) Effective January 1, 2010.)
  70. 3774.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 7. Fiscal Administration [3770 - 3779] ( Article 7 added by Stats. 1982, Ch. 1344, Sec. 1. )

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    The board must send renewal notices to licensed practitioners, and a license can expire if the renewal fee and compliance evidence are not timely submitted.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 7. Fiscal Administration [3770 - 3779] ( Article 7 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3774. On or before the birthday of a licensed practitioner in every other year, following the initial licensure, the board shall mail to each practitioner licensed under this chapter, at the latest address furnished by the licensed practitioner to the executive officer of the board, a notice stating the amount of the renewal fee and the date on which it is due. The notice shall state that failure to pay the renewal fee on or before the due date and submit evidence of compliance with Sections 3719 and 3773 shall result in expiration of the license. Each license not renewed in accordance with this section shall expire but may within a period of three years thereafter be reinstated upon payment of all accrued and unpaid renewal fees and penalty fees required by this chapter. The board may also require submission of proof of the applicant’s qualifications, except that during the three-year period no examination shall be required as a condition for the reinstatement of any expired license that has lapsed solely by reason of nonpayment of the renewal fee. (Amended by Stats. 2002, Ch. 1150, Sec. 38. Effective January 1, 2003.)
  71. 3775.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 7. Fiscal Administration [3770 - 3779] ( Article 7 added by Stats. 1982, Ch. 1344, Sec. 1. )

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    This section sets the board’s fees for respiratory care licenses, renewals, examinations, duplicate licenses, endorsements, and related charges, and lets the board adjust some fees within stated limits.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 7. Fiscal Administration [3770 - 3779] ( Article 7 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3775. The amount of fees provided in connection with licenses or approvals for the practice of respiratory care shall be as follows: (a) The application fee shall be established by the board at not more than three hundred dollars ($300). The application fee for the applicant under subdivision (c) of Section 3740 shall be established by the board at not more than three hundred fifty dollars ($350). (b) The fees for any examination or reexamination required by the board shall be the actual cost to the board for developing, purchasing, grading, and administering each examination or reexamination. (c) The initial license fee for a respiratory care practitioner shall be no more than three hundred dollars ($300). (d) For any license term beginning on or after January 1, 1999, the renewal fee shall be established at two hundred thirty dollars ($230). The board may increase the renewal fee, by regulation, to an amount not to exceed three hundred thirty dollars ($330). The board shall fix the renewal fee so that, together with the estimated amount from revenue, the reserve balance in the board’s contingent fund shall be equal to approximately six months of annual authorized expenditures. If the estimated reserve balance in the board’s contingent fund will be greater than six months, the board shall reduce the renewal fee. In no case shall the fee in any year be more than 10 percent greater than the amount of the fee in the preceding year. (e) The delinquency fee shall be established by the board at not more than the following amounts: (1) If the license is renewed not more than two years from the date of its expiration, the delinquency fee shall be 100 percent of the renewal fee in effect at the time or renewal. (2) If the license is renewed after two years, but not more than three years, from the date of expiration of the license, the delinquency fee shall be 200 percent of the renewal fee in effect at the time of renewal. (f) The duplicate license fee shall not exceed seventy-five dollars ($75). (g) The endorsement fee shall not exceed one hundred dollars ($100). (h) Costs incurred by the board in order to obtain and review documents or information related to the criminal history of, rehabilitation of, disciplinary actions taken by another state agency against, or acts of negligence in the practice of respiratory care by, an applicant or licensee, shall be paid by the applicant or licensee before a license will be issued or a subsequent renewal processed. (i) Fees paid in any form other than check, money order, or cashier’s check shall be subject to an additional processing charge equal to the board’s actual processing costs. (j) Fees incurred by the board to process return mail shall be paid by the applicant or licensee for whom the charges were incurred. (k) Notwithstanding any other provision of this chapter, the board, in its discretion, may reduce the amount of any fee otherwise prescribed by this section. (Amended by Stats. 2003, Ch. 586, Sec. 16. Effective January 1, 2004.)
  72. 3775.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 7. Fiscal Administration [3770 - 3779] ( Article 7 added by Stats. 1982, Ch. 1344, Sec. 1. )

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    An inactive respiratory care license fee must be the same as the renewal fee set for respiratory care in Section 3775.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 7. Fiscal Administration [3770 - 3779] ( Article 7 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3775.5. The fee for an inactive license shall be the same as the renewal fee for the practice of respiratory care as specified in Section 3775. (Amended by Stats. 1996, Ch. 830, Sec. 13. Effective January 1, 1997.)
  73. 3775.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 7. Fiscal Administration [3770 - 3779] ( Article 7 added by Stats. 1982, Ch. 1344, Sec. 1. )

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    A licensee may ask to place a respiratory care license in retired status if the license has not been canceled and certain fees and costs are paid in full.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 7. Fiscal Administration [3770 - 3779] ( Article 7 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3775.6. (a) A licensee may request that his or her license be placed in a “retired” status at any time, provided the license has not been canceled, and any outstanding fines, cost recovery, and monthly probation monitoring costs are paid in full. (b) An individual with retired status is not subject to any renewal or reporting requirements. (c) Once an individual is placed on retired status, all privileges to practice respiratory care are rescinded. If an individual practices with a “retired” license, the individual will be subject to discipline as prescribed by this chapter for the unlicensed practice of respiratory care. (Added by Stats. 2003, Ch. 586, Sec. 18. Effective January 1, 2004.)
  74. 3776.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 7. Fiscal Administration [3770 - 3779] ( Article 7 added by Stats. 1982, Ch. 1344, Sec. 1. )

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    If a fee check submitted to the board is returned unpaid, the person must pay later required fees by cashier’s check or money order and must also pay an additional processing fee set by the board.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 7. Fiscal Administration [3770 - 3779] ( Article 7 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3776. (a) Any person who submits to the board a check for fees that is returned unpaid shall pay all subsequent required fees by cashier’s check or money order. (b) Any person who submits to the board a check for fees that is returned unpaid shall be assessed an additional processing fee as determined by the board. (Amended by Stats. 1998, Ch. 991, Sec. 14.4. Effective January 1, 1999.)
  75. 3777.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 7. Fiscal Administration [3770 - 3779] ( Article 7 added by Stats. 1982, Ch. 1344, Sec. 1. )

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    A respiratory care license cannot be renewed or reinstated unless all past and current required fees are paid and all required conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 7. Fiscal Administration [3770 - 3779] ( Article 7 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3777. Where an applicant is issued a license to practice respiratory care, and it is later discovered that all required fees have not been paid, approved continuing education is not reported or completed, employer information is not reported, or any other requirements as prescribed by this chapter are not met, the license shall not be renewed or reinstated unless all past and current required fees have been paid and all requirements are met. (Amended by Stats. 2003, Ch. 586, Sec. 19. Effective January 1, 2004.)
  76. 3778.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 7. Fiscal Administration [3770 - 3779] ( Article 7 added by Stats. 1982, Ch. 1344, Sec. 1. )

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    The board may hire a collection service to collect unpaid fees, fines, or cost recovery amounts and may share certain personal information for that purpose, but the contract must bar improper use or disclosure and require safeguards and liability.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 7. Fiscal Administration [3770 - 3779] ( Article 7 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3778. Notwithstanding any other provision of law, the board may contract with a collection service for the purpose of collecting outstanding fees, fines, or cost recovery amounts, and may release personal information, including the birth date, telephone number, and social security number of any applicant or licensee for this purpose. The contractual agreement shall provide that the collection service shall not inappropriately use or release personal information, and shall provide safeguards to ensure that the information is protected from inappropriate disclosure. The contractual agreement shall hold the collection service liable for inappropriate use or disclosure of personal information. (Added by Stats. 2003, Ch. 586, Sec. 20. Effective January 1, 2004.)
  77. 3779.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 7. Fiscal Administration [3770 - 3779] ( Article 7 added by Stats. 1982, Ch. 1344, Sec. 1. )

    Verify source ↗

    For license verification, a person may rely on the licensing information shown on the board’s website.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 8.3. Respiratory Therapy [3700 - 3779] ( Chapter 8.3 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## ARTICLE 7. Fiscal Administration [3770 - 3779] ( Article 7 added by Stats. 1982, Ch. 1344, Sec. 1. ) ## 3779. 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. (Added by Stats. 2005, Ch. 621, Sec. 45. Effective January 1, 2006.)
  78. 4.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. )

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    Actions or proceedings started before the code takes effect, and accrued rights, are not affected; later procedure must conform to the code as far as possible.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. ) ## 4. No action or proceeding commenced before this code takes effect, and no right accrued, is affected by the provisions of this code, but all procedure thereafter taken therein shall conform to the provisions of this code so far as possible. (Enacted by Stats. 1937, Ch. 399.)
  79. 40.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. )

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    Certain boards may hire expert consultants for specified work, must adopt selection-and-use policies, and those executed contracts are exempt from a specified Public Contract Code provision.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. ) ## 40. (a) Subject to the standards described in Section 19130 of the Government Code, any board, as defined in Section 22, the State Board of Chiropractic Examiners, or the Osteopathic Medical Board of California may enter into an agreement with an expert consultant to do any of the following: (1) Provide an expert opinion on enforcement-related matters, including providing testimony at an administrative hearing. (2) Assist the board as a subject matter expert in examination development, examination validation, or occupational analyses. (3) Evaluate the mental or physical health of a licensee or an applicant for a license as may be necessary to protect the public health and safety. (b) An executed contract between a board and an expert consultant shall be exempt from the provisions of Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. (c) Each board shall establish policies and procedures for the selection and use of expert consultants. (d) Nothing in this section shall be construed to expand the scope of practice of an expert consultant providing services pursuant to this section. (Added by Stats. 2011, Ch. 339, Sec. 1. (SB 541) Effective September 26, 2011.)
  80. 400.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 5. Buildings of the Department [400 - 405] ( Chapter 5 added by Stats. 1939, Ch. 909. )

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    The Department of Consumer Affairs may, with approval from the Department of General Services, buy or otherwise acquire real property and build, equip, and improve buildings for department and state use.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 5. Buildings of the Department [400 - 405] ( Chapter 5 added by Stats. 1939, Ch. 909. ) ## 400. The Department of Consumer Affairs may, with the approval of the Department of General Services, purchase or otherwise acquire real property and may construct and equip buildings and make improvements thereon for its use and the use of the boards and commissions comprising the department or subject to its jurisdiction and for the use of other departments, boards and agencies of the state, irrespective of the funds from which appropriations are made for their support. (Amended by Stats. 1971, Ch. 716.)
  81. 4000.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 1. Administration [4000 - 4014] ( Article 1 added by Stats. 1996, Ch. 890, Sec. 3. )

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    This chapter may be cited as the Pharmacy Law.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 1. Administration [4000 - 4014] ( Article 1 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4000. This chapter constitutes, and may be cited as, the Pharmacy Law. (Repealed and added by Stats. 1996, Ch. 890, Sec. 3. Effective January 1, 1997.)
  82. 4001.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 1. Administration [4000 - 4014] ( Article 1 added by Stats. 1996, Ch. 890, Sec. 3. )

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    This section creates the California State Board of Pharmacy, sets its 13-member makeup, and gives appointing authorities power to appoint and remove members.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 1. Administration [4000 - 4014] ( Article 1 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4001. (a) There is in the Department of Consumer Affairs the California State Board of Pharmacy in which the administration and enforcement of this chapter is vested. The board consists of 13 members. (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) 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) 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) Each member of the board shall receive a per diem and expenses as provided in Section 103. (f) This section shall remain in effect only until January 1, 2030, 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. (Amended by Stats. 2025, Ch. 196, Sec. 1. (AB 1503) Effective January 1, 2026. Repealed as of January 1, 2030, by its own provisions.)
  83. 4001.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 1. Administration [4000 - 4014] ( Article 1 added by Stats. 1996, Ch. 890, Sec. 3. )

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    The California State Board of Pharmacy must make public protection its highest priority when carrying out licensing, regulatory, and disciplinary functions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 1. Administration [4000 - 4014] ( Article 1 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4001.1. 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. (Added by Stats. 2002, Ch. 107, Sec. 17. Effective January 1, 2003.)
  84. 4001.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 1. Administration [4000 - 4014] ( Article 1 added by Stats. 1996, Ch. 890, Sec. 3. )

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    The board must establish and appoint a Pharmacy Technician Advisory Committee.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 1. Administration [4000 - 4014] ( Article 1 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4001.5. (a) The board shall establish and appoint a Pharmacy Technician Advisory Committee to advise and make recommendations to the board on matters relating to pharmacy technicians. (b) The committee shall serve only in an advisory capacity to the board and the objectives, duties, and actions of the committee shall not be a substitute for, nor conflict with, any of the powers, duties, and responsibilities of the board. (c) The committee shall consist of the following: (1) Four licensed pharmacy technicians representing a range of practice settings to provide a diversity of perspectives. (2) Two licensed pharmacists, of whom one shall be a member of the board and shall be appointed by the board president. (3) One member of the public. (Added by Stats. 2025, Ch. 196, Sec. 2. (AB 1503) Effective January 1, 2026.)
  85. 4002.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 1. Administration [4000 - 4014] ( Article 1 added by Stats. 1996, Ch. 890, Sec. 3. )

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    The board must elect a president, vice president, and treasurer; hold meetings at least every four months; and keep its principal office in Sacramento.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 1. Administration [4000 - 4014] ( Article 1 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 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) 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. (Amended by Stats. 2021, Ch. 629, Sec. 2. (AB 1533) Effective January 1, 2022.)
  86. 4003.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 1. Administration [4000 - 4014] ( Article 1 added by Stats. 1996, Ch. 890, Sec. 3. )

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    The board may appoint an executive officer with the director’s approval, and that officer has listed duties, pay, and expense rights.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 1. Administration [4000 - 4014] ( Article 1 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 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) 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) 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) 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) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. (Amended by Stats. 2025, Ch. 196, Sec. 3. (AB 1503) Effective January 1, 2026. Repealed as of January 1, 2030, by its own provisions.)
  87. 4004.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 1. Administration [4000 - 4014] ( Article 1 added by Stats. 1996, Ch. 890, Sec. 3. )

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    Board members are generally prohibited from teaching pharmacy, except in two specified teaching settings.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 1. Administration [4000 - 4014] ( Article 1 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4004. 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) A teacher in a public capacity and in a college of pharmacy. (b) A teacher of an approved continuing education class as, or under the control of, an accredited provider of continuing education. (Amended by Stats. 1997, Ch. 549, Sec. 4. Effective January 1, 1998.)
  88. 4005.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 1. Administration [4000 - 4014] ( Article 1 added by Stats. 1996, Ch. 890, Sec. 3. )

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    The board may adopt rules and regulations for pharmacy administration and public protection, including emergency dispensing rules, but must follow the specified rulemaking procedure.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 1. Administration [4000 - 4014] ( Article 1 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 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) 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) 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. (Amended by Stats. 2005, Ch. 621, Sec. 46. Effective January 1, 2006.)
  89. 4006.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 1. Administration [4000 - 4014] ( Article 1 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    The board may make rules to limit or restrict furnishing a particular drug if unrestricted retail sale of that drug is found dangerous to public health or safety.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 1. Administration [4000 - 4014] ( Article 1 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4006. 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. (Repealed and added by Stats. 1996, Ch. 890, Sec. 3. Effective January 1, 1997.)
  90. 4007.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 1. Administration [4000 - 4014] ( Article 1 added by Stats. 1996, Ch. 890, Sec. 3. )

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    The board may require pharmacy work to be done only under a pharmacist’s effective supervision, but it may not adopt rules on price fixing, advertising commodities, or requiring a pharmacist to personally do work that does not reasonably require a pharmacist’s education and expertise.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 1. Administration [4000 - 4014] ( Article 1 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 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) 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. (Amended by Stats. 1997, Ch. 549, Sec. 6. Effective January 1, 1998.)
  91. 4008.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 1. Administration [4000 - 4014] ( Article 1 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    The board may hire legal counsel and pharmacy inspectors, and inspectors have several inspection, arrest, and service powers.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 1. Administration [4000 - 4014] ( Article 1 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 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) 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) (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) 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) 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) 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) Any inspector may serve all processes and notices throughout the state. (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) 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). (Amended by Stats. 2021, Ch. 629, Sec. 4. (AB 1533) Effective January 1, 2022.)
  92. 4009.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 1. Administration [4000 - 4014] ( Article 1 added by Stats. 1996, Ch. 890, Sec. 3. )

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    The board may not adopt or amend any rule or regulation that conflicts with Labor Code Section 1186.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 1. Administration [4000 - 4014] ( Article 1 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4009. The board may not adopt or amend any rule or regulation that thereby would conflict with Section 1186 of the Labor Code. (Added by Stats. 1999, Ch. 190, Sec. 1. Effective January 1, 2000.)
  93. 401.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 5. Buildings of the Department [400 - 405] ( Chapter 5 added by Stats. 1939, Ch. 909. )

    Verify source ↗

    The Controller must transfer certain surplus money from a board or commission fund to the Consumer Affairs Fund when the statutory conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 5. Buildings of the Department [400 - 405] ( Chapter 5 added by Stats. 1939, Ch. 909. ) ## 401. When there is money in the fund of any board or commission comprising the Department of Consumer Affairs or subject to its jurisdiction, which money, the Director of Consumer Affairs finds, is not required to meet any demand which has accrued or may accrue against the fund, the Controller, upon executive order of the Director of Finance, shall transfer the sum designated by the Director of Consumer Affairs from the fund of the board or commission to the Consumer Affairs Fund to be used for the purposes of this chapter. No money may be taken from the fund of any board or commission when it will interfere with the administrative duties imposed upon the board or commission. The unencumbered, unexpended money in the fund of any board in division number one of the department shall never be reduced to less than twenty-five thousand dollars ($25,000) by any transfer ordered by the Director of Consumer Affairs under this chapter. (Amended by Stats. 1971, Ch. 716.)
  94. 4010.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 1. Administration [4000 - 4014] ( Article 1 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    Certain officers of the law, and people working under their direct supervision, are immune from prosecution under this chapter when investigating violations in the course of official duties.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 1. Administration [4000 - 4014] ( Article 1 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4010. 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. (Repealed and added by Stats. 1996, Ch. 890, Sec. 3. Effective January 1, 1997.)
  95. 4011.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 1. Administration [4000 - 4014] ( Article 1 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    The board must administer and enforce this chapter and the Uniform Controlled Substances Act.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 1. Administration [4000 - 4014] ( Article 1 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4011. 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). (Repealed and added by Stats. 1996, Ch. 890, Sec. 3. Effective January 1, 1997.)
  96. 4012.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 1. Administration [4000 - 4014] ( Article 1 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    On request, the board must provide any person a copy of the laws or regulations about dangerous drugs, subject to restrictions in this article or the board’s further rules.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 1. Administration [4000 - 4014] ( Article 1 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4012. 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. (Repealed and added by Stats. 1996, Ch. 890, Sec. 3. Effective January 1, 1997.)
  97. 4013.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 1. Administration [4000 - 4014] ( Article 1 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    Licensed facilities and specified pharmacy licensees must join the board’s email notification list and keep their email address current within set deadlines.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 1. Administration [4000 - 4014] ( Article 1 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 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) 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) 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) (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) 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) The email address provided by a licensee shall not be posted on the board’s online license verification system. (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. (Amended by Stats. 2021, Ch. 629, Sec. 5. (AB 1533) Effective January 1, 2022.)
  98. 4014.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 1. Administration [4000 - 4014] ( Article 1 added by Stats. 1996, Ch. 890, Sec. 3. )

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    The board has exclusive authority over interpreting and enforcing this chapter, deciding violations by its licensees, and handling investigations, hearings, and discipline.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 1. Administration [4000 - 4014] ( Article 1 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4014. (a) The board shall have exclusive authority to interpret and enforce the provisions of this chapter regarding the practice of pharmacy and the licensing of pharmacists and pharmacies. (b) Any violation of this chapter by a licensee of the board shall be determined exclusively by the board. (c) The board shall have the sole authority to conduct investigations, hold hearings, and impose disciplinary actions for violations of this chapter by licensees of the board. (d) Nothing in this section shall be construed to prohibit the board from evaluating or acting regarding unlicensed activity. (Added by Stats. 2025, Ch. 196, Sec. 4. (AB 1503) Effective January 1, 2026.)
  99. 4015.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    The definitions in this article control how this chapter is read, unless the chapter says otherwise.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4015. For purposes of this chapter, the definitions of the terms in this article shall govern the construction of this chapter, unless otherwise indicated. (Added by Stats. 1996, Ch. 890, Sec. 3. Effective January 1, 1997.)
  100. 4016.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

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    This section defines “administer” as directly applying a drug or device to a patient or research subject by injection, inhalation, ingestion, or other means.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4016. “Administer” means the direct application of a drug or device to the body of a patient or research subject by injection, inhalation, ingestion, or other means. (Repealed and added by Stats. 1997, Ch. 549, Sec. 10. Effective January 1, 1998.)
  101. 4016.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

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    The section defines an “advanced pharmacist practitioner” as a licensed pharmacist recognized by the board, and says that person may practice advanced practice pharmacy within or outside a licensed pharmacy as authorized by the chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4016.5. “Advanced pharmacist practitioner” means a licensed pharmacist who has been recognized as an advanced pharmacist practitioner by the board, pursuant to Section 4210. A board-recognized advanced pharmacist practitioner is entitled to practice advanced practice pharmacy, as described in Section 4052.6, within or outside of a licensed pharmacy as authorized by this chapter. (Amended by Stats. 2025, Ch. 196, Sec. 5. (AB 1503) Effective January 1, 2026.)
  102. 4017.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

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    “Authorized officers of the law” means certain pharmacy and public health inspectors, investigators, and peace officers engaged in official investigations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4017. “Authorized officers of the law” means inspectors of the California State Board of Pharmacy, inspectors of the Food and Drug Branch of the State Department of Public Health, and investigators of the department’s Division of Investigation or peace officers engaged in official investigations. (Amended by Stats. 2010, Ch. 653, Sec. 20. (SB 1489) Effective January 1, 2011.)
  103. 4017.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    This section defines three pharmacy system types and requires an ADDS to collect, control, and maintain transaction information about drug movement.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4017.3. (a) An “automated drug delivery system” (ADDS) means a mechanical system that performs operations or activities, other than compounding or administration, relative to the storage, dispensing, or distribution of drugs. An ADDS 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. (b) An “automated unit dose system” (AUDS) is an ADDS for storage and retrieval of unit doses of drugs for administration to patients by persons authorized to perform these functions. (c) An “automated patient dispensing system” (APDS) is an ADDS for storage and dispensing of prescribed drugs directly to patients pursuant to prior authorization by a pharmacist. (Amended by Stats. 2021, Ch. 629, Sec. 6. (AB 1533) Effective January 1, 2022.)
  104. 4018.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

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    “Board” means the California State Board of Pharmacy.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4018. “Board” means the California State Board of Pharmacy. (Amended by Stats. 1997, Ch. 549, Sec. 12. Effective January 1, 1998.)
  105. 4019.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

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    This section defines when a hospital order counts as authorization to give a drug, and when that order is treated as a prescription.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4019. An “order,” entered on the chart or medical record of a patient registered in a hospital or a patient under emergency treatment in the hospital, by or on the order of a practitioner authorized by law to prescribe drugs, shall be authorization for the administration of the drug from hospital floor or ward stocks furnished by the hospital pharmacy or under licensure granted under Section 4056, and shall be considered to be a prescription if the medication is to be furnished directly to the patient by the hospital pharmacy or another pharmacy furnishing prescribed drugs for hospital patients; provided that the chart or medical record of the patient contains all of the information required by Sections 4040 and 4070 and the order is signed by the practitioner authorized by law to prescribe drugs, if he or she is present when the drugs are given. If he or she is not present when the drugs are given, the order shall be signed either by the attending physician responsible for the patient’s care at the time the drugs are given to the patient or by the practitioner who ordered the drugs for the patient on the practitioner’s next visit to the hospital. (Amended by Stats. 2000, Ch. 858, Sec. 1. Effective January 1, 2001.)
  106. 402.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 5. Buildings of the Department [400 - 405] ( Chapter 5 added by Stats. 1939, Ch. 909. )

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    The Department of Finance may transfer certain available money to the Consumer Affairs Fund, if the transfer is authorized by law.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 5. Buildings of the Department [400 - 405] ( Chapter 5 added by Stats. 1939, Ch. 909. ) ## 402. The Department of Finance, from funds at its disposal for office and housing facilities for any other department, board, or agency, and any other department, board or agency, supported in whole or in part from the General Fund or special funds, may transfer in the manner authorized by law any money appropriated or made available for their use or investment to the Consumer Affairs Fund for expenditure by the Department of Consumer Affairs for the purposes of this chapter. (Amended by Stats. 1971, Ch. 716.)
  107. 4021.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

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    “Controlled substance” means any substance listed in Chapter 2 of Division 10 of the Health and Safety Code, starting with Section 11053.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4021. “Controlled substance” means any substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code. (Amended by Stats. 1997, Ch. 549, Sec. 14. Effective January 1, 1998.)
  108. 4021.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

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    A “correctional pharmacy” is a board-licensed pharmacy serving Department of Corrections and Rehabilitation inmates, and it may dispense or administer medication under a chart order or other valid prescription consistent with the chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4021.5. (a) “Correctional pharmacy” means a pharmacy, licensed by the board, for the purpose of providing drugs and pharmaceutical care to inmates of the Department of Corrections and Rehabilitation. (b) As part of its pharmaceutical care, a correctional pharmacy may dispense or administer medication pursuant to a chart order, as defined in Section 4019, or other valid prescription consistent with this chapter. (Amended by Stats. 2020, Ch. 29, Sec. 1. (SB 118) Effective August 6, 2020.)
  109. 4022.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

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    This section defines “dangerous drug” and “dangerous device” as drugs or devices unsafe for self-use, including certain prescription-only items.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4022. “Dangerous drug” or “dangerous device” means any drug or device unsafe for self-use in humans or animals, and includes the following: (a) Any drug that bears the legend: “Caution: federal law prohibits dispensing without prescription,” “Rx only,” or words of similar import. (b) Any device that bears the statement: “Caution: federal law restricts this device to sale by or on the order of a ____,” “Rx only,” or words of similar import, the blank to be filled in with the designation of the practitioner licensed to use or order use of the device. (c) Any other drug or device that by federal or state law can be lawfully dispensed only on prescription or furnished pursuant to Section 4006. (Amended by Stats. 2003, Ch. 250, Sec. 1. Effective January 1, 2004.)
  110. 4022.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    This section defines “designated representative” and “designated representative-in-charge,” and says a pharmacist doing the duties of Section 4053 does not need a designated representative license.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4022.5. (a) “Designated representative” means an individual to whom a license has been granted pursuant to Section 4053. A pharmacist fulfilling the duties of Section 4053 shall not be required to obtain a license as a designated representative. (b) “Designated representative-in-charge” means a designated representative or designated representative-reverse distributor, or a pharmacist licensed in the home state proposed by a wholesaler or veterinary food-animal drug retailer and approved by the board as the supervisor or manager responsible for ensuring the wholesaler’s or veterinary food-animal drug retailer’s compliance with all state and federal laws and regulations pertaining to practice in the applicable license category. (Amended by Stats. 2021, Ch. 629, Sec. 7. (AB 1533) Effective January 1, 2022.)
  111. 4022.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    This section defines “designated representative-reverse distributor” and exempts certain pharmacists from needing that license.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4022.6. “Designated representative-reverse distributor” means an individual to whom a license has been granted pursuant to Section 4053.2, who is responsible for supervision over a licensed wholesaler that only acts as a reverse distributor. A pharmacist fulfilling the duties of Section 4053.2 shall not be required to obtain a license as a designated representative-reverse distributor. (Added by Stats. 2017, Ch. 598, Sec. 2. (SB 752) Effective January 1, 2018.)
  112. 4022.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    This section defines “designated representative-3PL” and “responsible manager,” and exempts a pharmacist performing Section 4053.1 duties from needing a designated representative-3PL license.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4022.7. (a) “Designated representative-3PL” means an individual to whom a license has been granted pursuant to Section 4053.1. A pharmacist fulfilling the duties of Section 4053.1 shall not be required to obtain a license as a designated representative-3PL. (b) “Responsible manager” means a designated representative-3PL selected by a third-party logistics provider and approved by the board as responsible for ensuring compliance of the licensed place of business with state and federal laws with respect to dangerous drugs and dangerous devices received by, stored in, or shipped from the licensed place of business of the third-party logistics provider. (Amended by Stats. 2021, Ch. 629, Sec. 8. (AB 1533) Effective January 1, 2022.)
  113. 4023.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    This section defines “device” for the chapter and excludes contact lenses and non-prescription prosthetic or orthopedic devices.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4023. “Device” means any instrument, apparatus, machine, implant, in vitro reagent, or contrivance, including its components, parts, products, or the byproducts of a device, and accessories that are used or intended for either of the following: (a) Use in the diagnosis, cure, mitigation, treatment, or prevention of disease in a human or any other animal. (b) To affect the structure or any function of the body of a human or any other animal. For purposes of this chapter, “device” does not include contact lenses, or any prosthetic or orthopedic device that does not require a prescription. (Amended by Stats. 1997, Ch. 549, Sec. 16. Effective January 1, 1998.)
  114. 4023.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    This section defines “direct supervision and control” to mean a pharmacist is always on the premises and aware of all activities by a pharmacy technician or intern pharmacist.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4023.5. For the purposes of this chapter, “direct supervision and control” means that a pharmacist is on the premises at all times and is fully aware of all activities performed by either a pharmacy technician or intern pharmacist. (Added by Stats. 2005, Ch. 621, Sec. 47. Effective January 1, 2006.)
  115. 4024.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    This section defines “dispense” to include furnishing drugs or devices on certain prescriptions or orders, and also direct furnishing to a patient by specified practitioners in scope.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4024. (a) Except as provided in subdivision (b), “dispense” means the furnishing of drugs or devices upon a prescription from a physician, nurse practitioner practicing pursuant to Section 2837.103 or 2837.104, dentist, optometrist, podiatrist, veterinarian, or naturopathic doctor pursuant to Section 3640.7, or upon an order to furnish drugs or transmit a prescription from a certified nurse-midwife, nurse practitioner practicing pursuant to Section 2836.1, physician assistant, naturopathic doctor pursuant to Section 3640.5, or pharmacist acting within the scope of their practice. (b) “Dispense” also means and refers to the furnishing of drugs or devices directly to a patient by a physician, nurse practitioner practicing pursuant to Section 2837.103 or 2837.104, dentist, optometrist, podiatrist, or veterinarian, or by a certified nurse-midwife, nurse practitioner practicing pursuant to Section 2836.1, naturopathic doctor, or physician assistant acting within the scope of their practice. (Amended by Stats. 2022, Ch. 413, Sec. 22. (AB 2684) Effective January 1, 2023.)
  116. 4025.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    This section defines “drug” for the pharmacy chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4025. “Drug” means any of the following: (a) Articles recognized in the official United States Pharmacopoeia, official National Formulary or official Homeopathic Pharmacopoeia of the United States, or any supplement of any of them. (b) Articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals. (c) Articles (other than food) intended to affect the structure or any function of the body of humans or other animals. (d) Articles intended for use as a component of any article specified in subdivision (a), (b), or (c). (Amended by Stats. 1997, Ch. 549, Sec. 18. Effective January 1, 1998.)
  117. 4025.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    “Nonprescription drug” means a drug that may be sold without a prescription and is labeled for consumer use under state and federal requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4025.1. “Nonprescription drug” means a drug which may be sold without a prescription and which is labeled for use by the consumer in accordance with the requirements of the laws and rules of this state and the federal government. (Added by Stats. 1997, Ch. 549, Sec. 19. Effective January 1, 1998.)
  118. 4025.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    This section defines “nonprescription diabetes test device.”

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4025.2. “Nonprescription diabetes test device” means a glucose meter or test strip for use in the treatment of prediabetic or diabetic individuals that may be sold without a prescription and that is labeled for use by the consumer in accordance with the requirements of the laws and rules of this state and the federal government. (Added by Stats. 2017, Ch. 139, Sec. 1. (AB 602) Effective July 31, 2017.)
  119. 4026.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    “Furnish” means to supply by any means, including by sale or otherwise.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4026. “Furnish” means to supply by any means, by sale or otherwise. (Added by Stats. 1996, Ch. 890, Sec. 3. Effective January 1, 1997.)
  120. 4026.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    “Good standing” means a board-issued license that is not restricted by certain disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4026.5. “Good standing” means a license issued by the board that is unrestricted by disciplinary action taken pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 2004, Ch. 695, Sec. 27. Effective January 1, 2005.)
  121. 4027.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    This section defines several health-care facility terms for use in other sections of the chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4027. (a) As used in this chapter, the terms “skilled nursing facility,” “intermediate care facility,” and other references to health facilities shall be construed with respect to the definitions contained in Article 1 (commencing with Section 1250) of Chapter 2 of Division 2 of the Health and Safety Code. (b) As used in Section 4052.1, “licensed health care facility” means a facility licensed pursuant to Article 1 (commencing with Section 1250) of Chapter 2 of Division 2 of the Health and Safety Code or a facility, as defined in Section 1250 of the Health and Safety Code, operated by a health care service plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code. (c) As used in Section 4052.2, “health care facility” means a facility, other than a facility licensed under Division 2 (commencing with Section 1200) of the Health and Safety Code, that is owned or operated by a health care service plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of the Health and Safety Code, or by an organization under common ownership or control of the health care service plan; “licensed home health agency” means a private or public organization licensed by the State Department of Public Health pursuant to Chapter 8 (commencing with Section 1725) of Division 2 of the Health and Safety Code, as further defined in Section 1727 of the Health and Safety Code; and “licensed clinic” means a clinic licensed pursuant to Article 1 (commencing with Section 1200) of Chapter 1 of Division 2 of the Health and Safety Code. (d) “Licensed health care facility” or “facility,” as used in Section 4065, means a health facility licensed pursuant to Article 1 (commencing with Section 1250) of Chapter 2 of Division 2 of the Health and Safety Code or a facility that is owned or operated by a health care service plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code or by an organization under common ownership or control with the health care service plan. (Amended by Stats. 2009, Ch. 308, Sec. 42. (SB 819) Effective January 1, 2010.)
  122. 4028.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    A “licensed hospital” is a facility that provides organized diagnosis, care, and treatment for human illness and allows overnight admission, with certain hospital classifications included and several institution types excluded.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4028. “Licensed hospital” means an institution, place, building, or agency that maintains and operates organized facilities for one or more persons for the diagnosis, care, and treatment of human illnesses to which persons may be admitted for overnight stay, and includes any institution classified under regulations issued by the State Department of Public Health as a general or specialized hospital, as a maternity hospital, or as a tuberculosis hospital, but does not include a sanitarium, rest home, a nursing or convalescent home, a maternity home, or an institution for treating alcoholics. (Amended by Stats. 2010, Ch. 653, Sec. 21. (SB 1489) Effective January 1, 2011.)
  123. 4029.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    This section defines “hospital pharmacy” and “hospital satellite compounding pharmacy,” and limits certain pharmacies in another physical plant to serving only registered hospital patients on the same premises unless Article 7.6 applies.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4029. (a) “Hospital pharmacy” means and includes a pharmacy, licensed by the board, located within any licensed hospital, institution, or establishment that maintains and operates organized facilities for the diagnosis, care, and treatment of human illnesses to which persons may be admitted for overnight stay and that meets all of the requirements of this chapter and the rules and regulations of the board. (b) A hospital pharmacy may include a pharmacy that is located in any physical plant that is regulated under the license of a general acute care hospital as defined in subdivision (a) of Section 1250 of the Health and Safety Code. As a condition of licensure by the board, the pharmacy in another physical plant shall provide pharmaceutical services only to registered hospital patients who are on the premises of the same physical plant in which the pharmacy is located, except as provided in Article 7.6 (commencing with Section 4128). The pharmacy services provided shall be directly related to the services or treatment plan administered in the physical plant. Nothing in this subdivision shall be construed to restrict or expand the services that a hospital pharmacy may provide. (c) “Hospital satellite compounding pharmacy” means an area licensed by the board to perform sterile compounding that is separately licensed by the board pursuant to Section 4127.15 to perform that compounding and is located outside of the hospital in another physical plant that is regulated as a general acute care hospital as defined in subdivision (a) of Section 1250 of the Health and Safety Code. (Amended by Stats. 2017, Ch. 623, Sec. 1. (SB 351) Effective January 1, 2018.)
  124. 403.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 5. Buildings of the Department [400 - 405] ( Chapter 5 added by Stats. 1939, Ch. 909. )

    Verify source ↗

    Buildings built by the Department of Consumer Affairs under this chapter are supervised by that department, and the department may rent space with approval from the Department of General Services.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 5. Buildings of the Department [400 - 405] ( Chapter 5 added by Stats. 1939, Ch. 909. ) ## 403. Any building constructed by the Department of Consumer Affairs under this chapter shall be subject to the supervision of the Department of Consumer Affairs in accordance with rules and regulations established by the Department of Consumer Affairs and the Department of General Services. The Department of Consumer Affairs may, with the approval of the Department of General Services, rent the space therein to any other department and to any board or agency for such rentals and upon such terms and conditions as the Department of Consumer Affairs deems fit. The costs of operation, maintenance, repairs, and other reasonable and necessary expenses shall be paid from rentals. Thereafter, from such net rentals there shall be returned to the General Fund of the state and to such other funds from which contributions were made to the cost of the facilities, amounts commensurate with the financial requirements of the various funds from which contributions were made; the returnable amounts to be determined by the Department of Consumer Affairs, with the approval of the Department of General Services, and not to exceed the amount of the original contributions from the respective funds; provided, however, that interest may be paid on the contributions in the manner and amount determined by the Department of Consumer Affairs with the approval of the Director of General Services. (Amended by Stats. 1971, Ch. 716.)
  125. 4030.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    “Intern pharmacist” means a person issued a license under Section 4208.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4030. “Intern pharmacist” means a person issued a license pursuant to Section 4208. (Amended by Stats. 2004, Ch. 695, Sec. 28. Effective January 1, 2005.)
  126. 4031.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    A laboratory must keep an established place of business and purchase records, and it is subject to the board’s jurisdiction.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4031. “Laboratory” means a research, teaching, or testing laboratory not engaged in the dispensing or furnishing of drugs or devices but using dangerous drugs or dangerous devices for scientific or teaching purposes. Every laboratory shall maintain an established place of business and keep purchase records. Every laboratory shall be subject to the jurisdiction of the board. (Amended by Stats. 1997, Ch. 549, Sec. 23. Effective January 1, 1998.)
  127. 4032.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    This section defines “license” broadly to include permits, registrations, certificates, exemptions issued by the board, and the process of applying for or renewing them.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4032. “License” means and includes any license, permit, registration, certificate, or exemption issued by the board and includes the process of applying for and renewing the same. (Added by Stats. 1996, Ch. 890, Sec. 3. Effective January 1, 1997.)
  128. 4033.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    This section defines who counts as a “manufacturer” for this article, including certain people and businesses that prepare, produce, compound, or repackage drugs, devices, or cosmetics, with specific pharmacy exceptions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4033. (a) (1) “Manufacturer” means and includes every person who prepares, derives, produces, compounds, or repackages any drug or device except a pharmacy that manufactures on the immediate premises where the drug or device is sold to the ultimate consumer. (2) Notwithstanding paragraph (1), “manufacturer” shall not mean a pharmacy compounding a drug for parenteral therapy, pursuant to a prescription, for delivery to another pharmacy for the purpose of delivering or administering the drug to the patient or patients named in the prescription, provided that neither the components for the drug nor the drug are compounded, fabricated, packaged, or otherwise prepared prior to receipt of the prescription. (3) Notwithstanding paragraph (1), “manufacturer” shall not mean a pharmacy that, at a patient’s request, repackages a drug previously dispensed to the patient, or to the patient’s agent, pursuant to a prescription. (b) Notwithstanding subdivision (a), “manufacturer” also means a person who prepares, derives, manufactures, produces, or repackages a dangerous drug, as defined in Section 4022, device, or cosmetic. Manufacturer also means the holder or holders of a New Drug Application (NDA), an Abbreviated New Drug Application (ANDA), or a Biologics License Application (BLA), provided that such application has been approved; a private label distributor (including colicensed partners) for whom the private label distributor’s prescription drugs are originally manufactured and labeled for the distributor and have not been repackaged; or the distributor agent for the manufacturer, contract manufacturer, or private label distributor, whether the establishment is a member of the manufacturer’s affiliated group (regardless of whether the member takes title to the drug) or is a contract distributor site. (Amended by Stats. 2014, Ch. 492, Sec. 1. (SB 600) Effective January 1, 2015.)
  129. 4034.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    This section defines “outsourcing facility” as a facility that satisfies four listed conditions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4034. “Outsourcing facility” means a facility that meets all of the following: (a) Is located within the United States of America at one address that is engaged in the compounding of sterile drugs and nonsterile drugs. (b) Has registered as an outsourcing facility with the federal Food and Drug Administration under Section 503B of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 353b). (c) Is doing business within or into California. (d) Is licensed with the board as an outsourcing facility pursuant to Article 7.7 (commencing with Section 4129). (Added by Stats. 2016, Ch. 484, Sec. 15. (SB 1193) Effective January 1, 2017.)
  130. 4034.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    This section defines “emergency medical services automated drug delivery system” (EMSADDS).

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4034.5. An “emergency medical services automated drug delivery system” or “EMSADDS” means an automated drug delivery system that stores and distributes drugs for the sole purpose of restocking a secured emergency pharmaceutical supplies container that is used by an emergency medical services agency to provide emergency medical services. (Added by Stats. 2017, Ch. 647, Sec. 1. (SB 443) Effective January 1, 2018.)
  131. 4035.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    This section defines “person” to include several entity types and public bodies.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4035. “Person” includes, but is not limited to, firm, association, partnership, corporation, limited liability company, state governmental agency, trust, or political subdivision. (Amended by Stats. 2016, Ch. 484, Sec. 16. (SB 1193) Effective January 1, 2017.)
  132. 4036.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    This section defines “pharmacist” and says an active, unexpired pharmacist license issued by the board entitles the holder to practice pharmacy, even outside a licensed pharmacy.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4036. “Pharmacist” means a natural person to whom a license has been issued by the board, under Section 4200, except as specifically provided otherwise in this chapter. The holder of an unexpired and active pharmacist license issued by the board is entitled to practice pharmacy as defined by this chapter, within or outside of a licensed pharmacy. (Amended by Stats. 2025, Ch. 196, Sec. 6. (AB 1503) Effective January 1, 2026.)
  133. 4036.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    This section defines “pharmacist-in-charge” as a pharmacist proposed by a pharmacy and approved by the board to supervise or manage pharmacy compliance.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4036.5. “Pharmacist-in-charge” means a pharmacist proposed by a pharmacy and approved by the board as the supervisor or manager responsible for ensuring the pharmacy’s compliance with all state and federal laws and regulations pertaining to the practice of pharmacy. (Added by Stats. 2009, Ch. 308, Sec. 43. (SB 819) Effective January 1, 2010.)
  134. 4037.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    This section defines “pharmacy” and carves out a specific exclusion.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4037. (a) “Pharmacy” means an area, place, or premises licensed by the board in which the profession of pharmacist is practiced and where prescriptions are compounded. “Pharmacy” includes, but is not limited to, any area, place, or premises described in a license issued by the board wherein controlled substances, dangerous drugs, or dangerous devices are stored, possessed, prepared, manufactured, derived, compounded, or repackaged, and from which the controlled substances, dangerous drugs, or dangerous devices are furnished, sold, or dispensed at retail. (b) “Pharmacy” shall not include any area in a facility licensed by the State Department of Public Health where floor supplies, ward supplies, operating room supplies, or emergency room supplies of dangerous drugs or dangerous devices are stored or possessed solely for treatment of patients registered for treatment in the facility or for treatment of patients receiving emergency care in the facility. (Amended by Stats. 2025, Ch. 196, Sec. 7. (AB 1503) Effective January 1, 2026.)
  135. 4038.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    This section defines “pharmacy technician” and “pharmacy technician trainee.”

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4038. (a) “Pharmacy technician” means an individual who assists a pharmacist in a pharmacy in the performance of their pharmacy related duties, as specified in Section 4115. (b) A “pharmacy technician trainee” is a person who is enrolled in a pharmacy technician training program operated by a California public postsecondary education institution or by a private postsecondary vocational institution approved by the Bureau for Private Postsecondary and Vocational Education or an accredited employer-based pharmacy technician training program. (Amended by Stats. 2025, Ch. 196, Sec. 8. (AB 1503) Effective January 1, 2026.)
  136. 4039.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    This section defines several healing-arts professions as people with a currently valid, unrevoked license in California, and defines “physician” more specifically.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4039. “Physicians,” “dentists,” “optometrists,” “pharmacists,” “doctors of podiatric medicine,” “veterinarians,” “veterinary surgeons,” “registered nurses,” “naturopathic doctors,” and “physician assistants” are persons authorized by a currently valid and unrevoked license to practice their respective professions in this state. “Physician” means and includes any person holding a valid and unrevoked physician’s and surgeon’s certificate or certificate to practice medicine and surgery, issued by the Medical Board of California or the Osteopathic Medical Board of California, and includes an unlicensed person lawfully practicing medicine pursuant to Section 2065, when acting within the scope of that section. (Amended by Stats. 2021, Ch. 629, Sec. 9. (AB 1533) Effective January 1, 2022.)
  137. 404.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 5. Buildings of the Department [400 - 405] ( Chapter 5 added by Stats. 1939, Ch. 909. )

    Verify source ↗

    The Department of Consumer Affairs and the Department of General Services may make rules and regulations to administer buildings built under this chapter.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 5. Buildings of the Department [400 - 405] ( Chapter 5 added by Stats. 1939, Ch. 909. ) ## 404. The Department of Consumer Affairs and the Department of General Services may establish rules and regulations for the administration of any building constructed under this chapter. (Amended by Stats. 1971, Ch. 716.)
  138. 4040.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    This section defines what counts as a prescription and related electronic prescription types, and lists the information a prescription must contain.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4040. (a) “Prescription” means an oral, written, or electronic transmission order that is both of the following: (1) Given individually for the person or persons for whom ordered that includes all of the following: (A) The name or names and address of the patient or patients. (B) The name and quantity of the drug or device prescribed and the directions for use. (C) The date of issue. (D) Either rubber stamped, typed, or printed by hand or typeset, the name, address, and telephone number of the prescriber, the prescriber’s license classification, and the prescriber’s federal registry number, if a controlled substance is prescribed. (E) A legible, clear notice of the condition or purpose for which the drug is being prescribed, if requested by the patient or patients. (F) If in writing, signed by the prescriber issuing the order, or the certified nurse-midwife, nurse practitioner, physician assistant, or naturopathic doctor who issues a drug order pursuant to Section 2746.51, 2836.1, 3502.1, or 3640.5, respectively, or the pharmacist who issues a drug order pursuant to Section 4052, 4052.1, 4052.2, or 4052.6. (2) Issued by a physician, dentist, optometrist, doctor of podiatric medicine, veterinarian, nurse practitioner practicing pursuant to Section 2837.103 or 2837.104, or naturopathic doctor pursuant to Section 3640.7 or, if a drug order is issued pursuant to Section 2746.51, 2836.1, 3502.1, or 3460.5, by a certified nurse-midwife, nurse practitioner, physician assistant, or naturopathic doctor licensed in this state, or pursuant to Section 4052, 4052.1, 4052.2, or 4052.6 by a pharmacist licensed in this state. (b) Notwithstanding subdivision (a), a written order of the prescriber for a dangerous drug, except for any Schedule II controlled substance, that contains at least the name and signature of the prescriber, the name and address of the patient in a manner consistent with paragraph (2) of subdivision (a) of Section 11164 of the Health and Safety Code, the name and quantity of the drug prescribed, directions for use, and the date of issue may be treated as a prescription by the dispensing pharmacist as long as any additional information required by subdivision (a) is readily retrievable in the pharmacy. In the event of a conflict between this subdivision and Section 11164 of the Health and Safety Code, Section 11164 of the Health and Safety Code shall prevail. (c) “Electronic transmission prescription” includes both image and data prescriptions. “Electronic image transmission prescription” means any prescription order for which a facsimile of the order is received by a pharmacy from a licensed prescriber. “Electronic data transmission prescription” means any prescription order, other than an electronic image transmission prescription, that is electronically transmitted from a licensed prescriber to a pharmacy. (d) The use of commonly used abbreviations shall not invalidate an otherwise valid prescription. (Amended by Stats. 2025, Ch. 196, Sec. 9. (AB 1503) Effective January 1, 2026.)
  139. 4040.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    This section defines “reverse distributor” as a person acting as an agent for certain pharmacy-related entities to receive, inventory, warehouse, and manage outdated or nonsaleable dangerous drugs or devices.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4040.5. “Reverse distributor” means every person who acts as an agent for pharmacies, drug wholesalers, third-party logistics providers, manufacturers, and other entities by receiving, inventorying, warehousing, and managing the disposition of outdated or nonsaleable dangerous drugs or dangerous devices. (Amended by Stats. 2017, Ch. 598, Sec. 3. (SB 752) Effective January 1, 2018.)
  140. 4040.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    “Self-assessment process” means a facility self-evaluation process for compliance with state and federal laws. It must be performed on a board-approved form, with stakeholder consultation, and posted on the board’s internet website.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4040.6. “Self-assessment process” means the process of self-evaluation of a facility’s compliance with state and federal laws as a means to promote compliance through self-examination and education. The self-assessment process shall be performed on a form approved by the board in consultation with stakeholders and posted on its internet website. (Added by Stats. 2025, Ch. 196, Sec. 10. (AB 1503) Effective January 1, 2026.)
  141. 4041.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    This section defines “veterinary food-animal drug retailer” and “veterinary food-animal retailer.”

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4041. “Veterinary food-animal drug retailer” is an area, place, or premises, other than a pharmacy, that holds a valid license from the Board of Pharmacy of the State of California as a wholesaler and, in and from which veterinary drugs for food-producing animals are dispensed pursuant to a prescription from a licensed veterinarian. “Veterinary food-animal retailer” includes, but is not limited to, any area, place, or premises described in a permit issued by the board wherein veterinary food-animal drugs, as defined in Section 4042, are stored, possessed, or repackaged, and from which veterinary drugs are furnished, sold, or dispensed at retail pursuant to a prescription from a licensed veterinarian. (Repealed and added by Stats. 1996, Ch. 890, Sec. 3. Effective January 1, 1997.)
  142. 4042.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    This section defines “veterinary food-animal drugs” for this chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4042. “Veterinary food-animal drugs” as used in this chapter shall include the following: (a) Any drug to be used in food-producing animals bearing the legend, “Caution, federal law restricts this drug to use by or on the order of a licensed veterinarian” or words of similar import. (b) Any other drug as defined in Section 14206 of the Food and Agricultural Code that is used in a manner that would require a veterinary prescription. (Added by Stats. 1996, Ch. 890, Sec. 3. Effective January 1, 1997.)
  143. 4043.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    This section defines “wholesaler” and says a wholesaler may not store or warehouse drugs, or allow them to be stored or warehoused, with an unlicensed person or at an unlicensed location unless otherwise authorized by law.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4043. “Wholesaler” means and includes a person who acts as a wholesale merchant, broker, jobber, customs broker, reverse distributor, agent, or a nonresident wholesaler, who sells for resale, or negotiates for distribution, or takes possession of, any drug or device included in Section 4022. Unless otherwise authorized by law, a wholesaler may not store, warehouse, or authorize the storage or warehousing of drugs with any person or at any location not licensed by the board. (Amended by Stats. 2014, Ch. 507, Sec. 4. (AB 2605) Effective January 1, 2015.)
  144. 4044.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    This section defines “repackager” for this part of the code.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4044. “Repackager” means a person or entity that is registered with the federal Food and Drug Administration as a repackager and operates an establishment that packages finished drugs from bulk or that repackages dangerous drugs into different containers, excluding shipping containers. (Added by Stats. 2008, Ch. 713, Sec. 4. Effective January 1, 2009.)
  145. 4044.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    A remote dispensing site pharmacy is a licensed California pharmacy overseen by a supervising pharmacy and staffed by qualified registered pharmacy technicians; it must comply with state and federal pharmacy laws unless this chapter says otherwise.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4044.3. (a) “Remote dispensing site pharmacy” means a licensed pharmacy located in this state that is exclusively overseen and operated by a supervising pharmacy and staffed by one or more qualified registered pharmacy technicians, as defined in Section 4132, where pharmaceutical care services, including, but not limited to, the storage and dispensing of prescription drugs and controlled substances, drug regimen review, and patient counseling, are remotely monitored or provided, or both, by a licensed pharmacist through the use of telepharmacy technology. (b) Unless otherwise specified in this chapter, a remote dispensing site pharmacy shall comply with all state and federal laws regulating the practice of pharmacy. (Added by Stats. 2017, Ch. 548, Sec. 2. (AB 401) Effective January 1, 2018.)
  146. 4044.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    This section defines “reverse third-party logistics provider” and says chapter provisions that apply to third-party logistics providers also apply to reverse third-party logistics providers unless the chapter says otherwise.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4044.5. “Reverse third-party logistics provider” means an entity that processes or manages the disposition of an outdated or nonsaleable dangerous drug or dangerous device on behalf of a manufacturer, wholesaler, or dispenser of the dangerous drug or dangerous device, but does not take ownership of the dangerous drug or dangerous device nor have the responsibility to direct its sale or disposition. Unless otherwise specified in this chapter, every provision of this chapter that applies to a third-party logistics provider shall also apply to a reverse third-party logistics provider. (Added by Stats. 2014, Ch. 507, Sec. 5. (AB 2605) Effective January 1, 2015.)
  147. 4044.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    This section defines “supervising pharmacy” and says it must be responsible for the remote dispensing site pharmacy and its employees.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4044.6. (a) “Supervising pharmacy” means a licensed pharmacy located in this state that is owned and operated by a person or persons where the majority of the beneficial interest in, as well as the management and control, resides with at least one board-licensed pharmacist, as defined in Section 4036, that exclusively oversees the operations of a remote dispensing site pharmacy. (b) A supervising pharmacy shall be exclusively responsible for the operation of the remote dispensing site pharmacy and its employees pursuant to Section 4131. (Added by Stats. 2017, Ch. 548, Sec. 3. (AB 401) Effective January 1, 2018.)
  148. 4044.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    Telepharmacy means a system used by a supervising pharmacy to monitor prescription dispensing at a remote site and provide related drug regimen review and patient counseling electronically.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4044.7. “Telepharmacy” means a system that is used by a supervising pharmacy for the purpose of monitoring the dispensing of prescription drugs by a remote dispensing site pharmacy and provides for related drug regimen review and patient counseling by an electronic method, including, but not limited to, the use of audio, visual, still image capture, and store and forward technology. (Added by Stats. 2017, Ch. 548, Sec. 4. (AB 401) Effective January 1, 2018.)
  149. 4045.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    This section defines “third-party logistics provider” as an entity that arranges warehousing or other logistics services for a dangerous drug or dangerous device without taking ownership or controlling its sale or disposition.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4045. “Third-party logistics provider” means an entity that provides or coordinates warehousing or other logistics services for a dangerous drug or dangerous device in intrastate or interstate commerce on behalf of a manufacturer, wholesaler, or dispenser of the dangerous drug or dangerous device, but does not take ownership of the dangerous drug or dangerous device, nor have responsibility to direct its sale or disposition. (Repealed and added by Stats. 2014, Ch. 507, Sec. 7. (AB 2605) Effective January 1, 2015.)
  150. 4046.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    This section defines “surplus medication collection and distribution intermediary.”

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 2. Definitions [4015 - 4046] ( Article 2 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4046. “Surplus medication collection and distribution intermediary” means a firm, association, partnership, corporation, limited liability company, state governmental agency, or political subdivision that performs the functions specified in Section 4169.5 for the purpose of a program established pursuant to Division 116 (commencing with Section 150200) of the Health and Safety Code. (Added by Stats. 2014, Ch. 10, Sec. 1. (AB 467) Effective April 9, 2014.)
  151. 405.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 5. Buildings of the Department [400 - 405] ( Chapter 5 added by Stats. 1939, Ch. 909. )

    Verify source ↗

    Rentals received under Section 403 must be deposited in the Consumer Affairs Fund and spent under Section 403.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 5. Buildings of the Department [400 - 405] ( Chapter 5 added by Stats. 1939, Ch. 909. ) ## 405. Rentals received under Section 403 shall be deposited in and disbursed pursuant to that section from the Consumer Affairs Fund. (Amended by Stats. 1971, Ch. 716.)
  152. 4050.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. )

    Verify source ↗

    This section defines “state agency” broadly and says only the board, or a state agency specifically authorized by this chapter or required by law, may define or interpret this chapter and its regulations or develop standardized procedures or protocols for licensed persons under it.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4050. (a) For the purposes of this section, “state agency” includes every state office, officer, department, division, bureau, board, authority, and commission. (b) In recognition of and consistent with the decisions of the appellate courts of this state, the Legislature hereby declares the practice of pharmacy to be a profession. (c) Pharmacist practice is a dynamic, patient-oriented health service that applies a scientific body of knowledge to improve and promote patient health by means of patient-care activities to optimize appropriate drug use, drug-related therapy, disease management and prevention, and communication for clinical and consultative purposes. Pharmacist practice is continually evolving to include more sophisticated and comprehensive patient care activities. (d) The Legislature further declares that pharmacists are health care providers who have the authority to provide health care services. (e) No state agency other than the board may define or interpret this chapter and its regulations for those licensed pursuant to this chapter or develop standardized procedures or protocols pursuant to this chapter, unless so authorized by this chapter, or specifically required under state or federal law. (Amended by Stats. 2025, Ch. 196, Sec. 11. (AB 1503) Effective January 1, 2026.)
  153. 4051.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. )

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    This section defines “accepted standard of care,” prohibits non-pharmacists from manufacturing, compounding, furnishing, selling, or dispensing dangerous drugs or devices (and certain prescriptions), and allows pharmacists to initiate prescriptions and provide related clinical services if specified conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4051. (a) For the purposes of this section, “accepted standard of care” means the degree of care a prudent and reasonable pharmacist licensed pursuant to this chapter, with similar education, training, experience, resources, and setting, would exercise in a similar situation. (b) Except as otherwise provided in this chapter, it is unlawful for any person to manufacture, compound, furnish, sell, or dispense a dangerous drug or dangerous device, or to dispense or compound a prescription pursuant to Section 4040 of a prescriber unless they are a pharmacist under this chapter. (c) Notwithstanding any other law, a pharmacist may authorize the initiation of a prescription, pursuant to Section 4052, 4052.1, 4052.2, or 4052.6, and otherwise provide clinical advice, services, information, or patient consultation, as set forth in this chapter, if all of the following conditions are met: (1) The clinical advice, services, information, or patient consultation is provided to a health care professional or to a patient or a patient’s agent. (2) The pharmacist has access to prescription, patient profile, or other relevant medical information for purposes of patient and clinical consultation and advice. (3) Access to the information described in paragraph (2) is secure from unauthorized access and use. (4) The pharmacist provides the service or activity consistent with the accepted standard of care. (Amended by Stats. 2025, Ch. 196, Sec. 12. (AB 1503) Effective January 1, 2026.)
  154. 4052.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. )

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    This section lets pharmacists perform a listed set of pharmacy and patient-care activities, and it requires registration with the DEA for certain controlled-substance orders and patient notification to the primary care provider in some cases.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4052. (a) Notwithstanding any other law, a pharmacist may do all of the following: (1) Furnish a reasonable quantity of compounded drug product to a prescriber for office use by the prescriber. (2) Transmit a valid prescription to another pharmacist. (3) Administer drugs and biological products that have been ordered by a prescriber. (4) Perform procedures or functions as authorized by Sections 4052.1 and 4052.2. (5) Furnish epinephrine. (6) Perform procedures or functions as authorized by Section 4052.6. (7) Furnish, manufacture, measure, fit to the patient, or sell and repair dangerous devices, or furnish instructions to the patient or the patient’s representative concerning the use of those devices. (8) Provide consultation, training, and education to patients about drug therapy, disease management, and disease prevention, and furnish over-the-counter medications if requested. (9) Provide professional information, including clinical or pharmacological information, advice, or consultation to patients and health care professionals, and participate in multidisciplinary review of patient progress, including appropriate access to medical records. (10) (A) Furnish FDA-approved or authorized medications as part of preventative health care services that do not require a diagnosis, including any of the following: (i) Emergency contraception. A pharmacist shall not require a patient to provide individually identifiable medical information that is not specified in Section 1707.1 of Title 16 of the California Code of Regulations before initiating emergency contraception drug therapy pursuant to this subdivision. (ii) Contraception. (iii) Smoking cessation. (iv) Travel medication. (v) Anti-viral or anti-infective medications. (B) The pharmacist shall notify the patient’s primary care provider of any drugs or devices furnished to the patient, or enter the appropriate information in a patient record system shared with the primary care provider, as permitted by that primary care provider. If the patient does not have a primary care provider, the pharmacist shall provide the patient with a written record of the drugs or devices furnished and advise the patient to consult a physician of the patient’s choice. (C) Nothing in this section shall be construed as establishing an obligation on a pharmacist to report an over-the-counter medication sold to a patient that was not captured as a prescription. (11) Order and interpret tests. (12) Initiate, adjust, or discontinue drug therapy for a patient under either of the following: (A) A collaborative practice agreement with any health care provider with prescriptive authority. The collaborative practice agreement may be between a single or multiple pharmacists and a single or multiple health care providers with prescriptive authority. (B) An order or authorization made by the patient’s prescriber and in accordance with the policies, procedures, or protocols of the entity providing health care services, unless a patient’s treating prescriber otherwise prohibits the action. (13) Furnish medication used to reverse opioid overdose and medication used to treat substance use disorder to the extent authorized by federal law. (14) Complete missing information on a prescription for a noncontrolled medication if there is evidence to support the change. (15) Initiate and administer immunizations for persons three years of age and older pursuant to this article. (b) A pharmacist who is authorized to issue an order to initiate or adjust a controlled substance therapy pursuant to this section shall personally register with the federal Drug Enforcement Administration. (c) This section does not affect the applicable requirements of law relating to either of the following: (1) Maintaining the confidentiality of medical records. (2) The licensing of a health care facility. (d) Nothing in this section shall be construed as establishing an obligation on a pharmacist to perform or provide a service or function authorized by subdivision (a) if the pharmacist has made a professional determination that any of the following apply: (1) The pharmacist lacks sufficient education, training, or expertise, or access to sufficient patient medical information, to perform the service or function properly or safely. (2) Performing or providing the service or function would place a patient at risk. (3) Pharmacist staffing at the pharmacy is insufficient to facilitate comprehensive patient care. (e) A pharmacist shall notify a patient’s primary care provider of any drugs or devices furnished to the patient, or enter the appropriate information in a patient record system shared with the primary care provider, as permitted by that primary care provider. If the patient does not have a primary care provider or requests not to notify the primary care provider, the pharmacist shall provide the patient with a written or electronic record of the drugs or devices furnished and advise the patient to consult a physician of the patient’s choice. (f) Nothing in this section shall be construed as establishing an obligation on a pharmacist to perform or provide authorized services without payment for the services, including payment directly by the patient, payment through a third-party payer, or payment of any required copayment by the patient. (Amended by Stats. 2025, Ch. 196, Sec. 13. (AB 1503) Effective January 1, 2026.)
  155. 4052.04.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. )

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    A pharmacist may furnish COVID-19 oral therapeutics after a positive SARS-CoV-2 test, but must follow FDA-published evidence-based clinical guidelines and meet patient-notification, documentation, and record-retention requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4052.04. (a) In addition to the authority provided in Section 4052, a pharmacist may furnish COVID-19 oral therapeutics following a positive test for SARS-CoV-2, the virus that causes COVID-19. (b) Prior to furnishing COVID-19 oral therapeutics pursuant to subdivision (a), a pharmacist shall utilize relevant and appropriate evidence-based clinical guidelines published by the federal Food and Drug Administration in providing these patient care services. (c) A pharmacist who furnishes COVID-19 oral therapeutics shall notify the patient’s primary care provider, or enter the appropriate information in a patient record system shared with the primary care provider, as permitted by that primary care provider. If the patient does not have a primary care provider, the pharmacist shall provide the patient with a written record of the drugs furnished and advise the patient to consult a physician of the patient’s choice. (d) A pharmacist shall document, to the extent possible, the kind and amounts of COVID-19 oral therapeutics furnished pursuant to subdivision (a), as well as information regarding any testing services provided, in the patient’s record in the record system maintained by the pharmacy. The records shall be maintained for three years and shall be available for inspection by all properly authorized personnel of the board. (e) For purposes of this section, “COVID-19 oral therapeutics” means drugs that are approved or authorized by the United States Food and Drug Administration for the treatment of COVID-19 and administered orally. (Amended by Stats. 2025, Ch. 196, Sec. 17. (AB 1503) Effective January 1, 2026.)
  156. 4052.05.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. )

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    A pharmacist may independently initiate and administer certain immunizations to people age 3 or older.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4052.05. A pharmacist may independently initiate and administer an immunization that, on January 1, 2025, had in effect a recommendation from the Advisory Committee on Immunization Practices of the federal Centers for Disease Control and Prevention, regardless of whether the immunization is recommended for routine use, or as modified or supplemented by the State Department of Public Health pursuant to Section 120164 of the Health and Safety Code, to individuals three years of age or older. (Added by Stats. 2025, Ch. 105, Sec. 9. (AB 144) Effective September 17, 2025.)
  157. 4052.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. )

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    A pharmacist may perform specified procedures in a licensed health care facility if they follow facility protocols and have facility-required training first.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4052.1. (a) Notwithstanding any other provision of law, a pharmacist may perform the following procedures or functions in a licensed health care facility in accordance with policies, procedures, or protocols developed by health professionals, including physicians, pharmacists, and registered nurses, with the concurrence of the facility administrator: (1) Ordering or performing routine drug therapy-related patient assessment procedures including temperature, pulse, and respiration. (2) Ordering drug therapy-related laboratory tests. (3) Administering drugs and biologicals by injection pursuant to a prescriber’s order. (4) Initiating or adjusting the drug regimen of a patient pursuant to an order or authorization made by the patient’s prescriber and in accordance with the policies, procedures, or protocols of the licensed health care facility. (b) Prior to performing any procedure authorized by this section, a pharmacist shall have received appropriate training as prescribed in the policies and procedures of the licensed health care facility. (Added by Stats. 2006, Ch. 777, Sec. 5. Effective January 1, 2007.)
  158. 4052.10.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. )

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    A pharmacist may partially fill a Schedule II controlled substance if requested by the patient or prescriber, but the pharmacy must keep the original prescription and required records, and dispensing is time-limited.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4052.10. (a) A pharmacist may dispense a Schedule II controlled substance, as listed in Section 11055 of the Health and Safety Code, as a partial fill if requested by the patient or the prescriber. (b) If a pharmacist dispenses a partial fill on a prescription pursuant to this section, the pharmacy shall retain the original prescription, with a notation of how much of the prescription has been filled, until the prescription has been fully dispensed. The total quantity dispensed shall not exceed the total quantity prescribed. (c) Subsequent fills, until the original prescription is completely dispensed, shall occur at the pharmacy where the original prescription was partially filled. The full prescription shall be dispensed not more than 30 days after the date on which the prescription was written. Thirty-one days after the date on which the prescription was written, the prescription shall expire and no more of the drug shall be dispensed without a subsequent prescription. (d) The pharmacist shall record in the state prescription drug monitoring program only the actual amounts of the drug dispensed. (e) The pharmacist shall record the date and amount of each partial fill in a readily retrievable form and on the original prescription, and shall include the initials of the pharmacist who dispensed each partial fill. (f) A pharmacist may charge a professional dispensing fee to cover the actual supply and labor costs associated with dispensing each partial fill associated with the original prescription. (g) This section shall not be construed to limit the authority of the Department of Managed Health Care, pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code. (h) This section is not intended to conflict with or supersede any other requirement established for the prescription of a Schedule II controlled substance. (i) For purposes of this section, the following definitions apply: (1) “Original prescription” means the prescription presented by the patient to the pharmacy or submitted electronically to the pharmacy. (2) “Partial fill” means a part of a prescription filled that is of a quantity less than the entire prescription. (j) This section shall become operative on July 1, 2018. (Added by Stats. 2017, Ch. 615, Sec. 1. (AB 1048) Effective January 1, 2018. Section operative July 1, 2018, by its own provisions.)
  159. 4052.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. )

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    A pharmacist may perform specified patient-care and drug-therapy functions only under listed care settings, policies, and protocols, and must notify the treating prescriber in writing within 24 hours after certain drug-regimen changes.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4052.2. (a) Notwithstanding any other law, a pharmacist may perform the following procedures or functions as part of the care provided by a health care facility, a licensed home health agency, licensed correctional clinic, a licensed clinic in which there is physician oversight, a provider who contracts with a licensed health care service plan with regard to the care or services provided to the enrollees of that health care service plan, or a physician, in accordance with the policies, procedures, or protocols of that facility, home health agency, licensed correctional clinic, licensed clinic, health care service plan, or physician, and in accordance with subdivision (c): (1) Ordering or performing routine drug therapy-related patient assessment procedures including temperature, pulse, and respiration. (2) Ordering drug therapy-related laboratory tests. (3) Administering drugs and biologicals by injection pursuant to a prescriber’s order. (4) Initiating or adjusting the drug regimen of a patient pursuant to a specific written order or authorization made by the individual patient’s treating prescriber, and in accordance with the policies, procedures, or protocols of the health care facility, home health agency, licensed correctional clinic, licensed clinic, health care service plan, or physician. Adjusting the drug regimen does not include substituting or selecting a different drug, except as authorized by the protocol. The pharmacist shall provide written notification to the patient’s treating prescriber, or enter the appropriate information in an electronic patient record system shared by the prescriber, of any drug regimen initiated pursuant to this paragraph within 24 hours. (b) A patient’s treating prescriber may prohibit, by written instruction, any adjustment or change in the patient’s drug regimen by the pharmacist. (c) The policies, procedures, or protocols referred to in this subdivision shall be developed by health care professionals, including physicians, pharmacists, and registered nurses, and shall, at a minimum, do all of the following: (1) Require that the pharmacist function as part of a multidisciplinary group that includes physicians and direct care registered nurses. The multidisciplinary group shall determine the appropriate participation of the pharmacist and the direct care registered nurse. (2) Require that the medical records of the patient be available to both the patient’s treating prescriber and the pharmacist. (3) Require that the procedures to be performed by the pharmacist relate to a condition for which the patient has first been seen by a physician. (4) Except for procedures or functions provided by a health care facility, a licensed correctional clinic, as defined in Section 4187, a licensed clinic in which there is physician oversight, or a provider who contracts with a licensed health care plan with regard to the care or services provided to the enrollees of that health care service plan, require the procedures to be performed in accordance with a written, patient-specific protocol approved by the treating or supervising physician. Any change, adjustment, or modification of an approved preexisting treatment or drug therapy shall be provided in writing to the treating or supervising physician within 24 hours. (d) Prior to performing any procedure authorized by this section, a pharmacist shall have done either of the following: (1) Successfully completed clinical residency training. (2) Demonstrated clinical experience in direct patient care delivery. (Amended by Stats. 2019, Ch. 497, Sec. 5. (AB 991) Effective January 1, 2020.)
  160. 4052.4.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. )

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    A pharmacist may do skin punctures and certain waived FDA-approved or authorized tests if the stated conditions are met, and must report test results to the patient and any physician the patient designates.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4052.4. (a) Notwithstanding Section 2038 or any other provision of law, a pharmacist may perform skin puncture in the course of performing routine patient assessment procedures or in the course of performing any procedure authorized under Section 1206.5 or 1206.6. For purposes of this section, “routine patient assessment procedures” means: (a) procedures that a patient could, with or without a prescription, perform for themselves, or (b) clinical laboratory tests that are classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration, as authorized by paragraph (11) of subdivision (a) of Section 1206.5 or Section 1206.6. A pharmacist performing these functions shall report the results obtained from a test to the patient and any physician designated by the patient. Any pharmacist who performs the service authorized by this section shall not be in violation of Section 2052. (b) A pharmacist may perform any aspect of any FDA-approved or -authorized test that is classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration, under all of the following conditions: (1) The test meets the criteria in subparagraph (A) or (B) and does not require the use of specimens collected by vaginal swab, venipuncture, or the collection of seminal fluid. (A) The test is used to detect or screen for any of the following illnesses, conditions, or diseases: (i) SARS-CoV-2 or other respiratory illness, condition or disease. (ii) Mononucleosis. (iii) Sexually transmitted infection. (iv) Strep throat. (v) Anemia. (vi) Cardiovasular health. (vii) Conjunctivitis. (viii) Urinary tract infection. (ix) Liver and kidney function or infection. (x) Thyroid function. (xi) Substance use disorder. (xii) Diabetes. (B) Other tests classified as waived under the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration and approved by the board by regulation, in conjunction with the Medical Board of California and Laboratory Field Services in the State Department of Public Health. (2) The pharmacist completes the testing in a pharmacy laboratory that is appropriately licensed in California as a laboratory pursuant to Section 1265, unless otherwise authorized in law. (3) The pharmacist has completed necessary training as specified in the pharmacy’s policies and procedures maintained pursuant to subdivision (b) of Section 4119.10, and that allows the pharmacist to demonstrate sufficient knowledge of the illness, condition, or disease being tested, as applicable. (Amended by Stats. 2021, Ch. 604, Sec. 3. (SB 409) Effective January 1, 2022.)
  161. 4052.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. )

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    A pharmacist may substitute a different medication form in limited cases, but must not do so if the prescriber says “Do not substitute.”

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4052.5. (a) In addition to the authority allowed under Section 4073, a pharmacist filling a prescription order for a drug product may select a different form of medication with the same active chemical ingredients of equivalent strength and duration of therapy as the prescribed drug product when the change will improve the ability of the patient to comply with the prescribed drug therapy. (b) In no case shall a selection be made pursuant to this section if the prescriber personally indicates, either orally or in his or her own handwriting, “Do not substitute” or words of similar meaning. Nothing in this subdivision shall prohibit a prescriber from checking a box on a prescription marked “Do not substitute” if the prescriber personally initials the box or checkmark. (c) Selection pursuant to this section is within the discretion of the pharmacist, except as provided in subdivision (b). The pharmacist who selects the drug product to be dispensed pursuant to this section shall assume the same responsibility for selecting the dispensed drug product as would be incurred in filling a prescription for a drug product using the prescribed form of medication. There shall be no liability on the prescriber for an act or omission by a pharmacist in selecting, preparing, or dispensing a drug product pursuant to this section. (d) This section shall apply to all prescriptions, including those presented by or on behalf of persons receiving assistance from the federal government or pursuant to the California Medical Assistance Program set forth in Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code. (e) When a substitution is made pursuant to this section, the use of the different form of medication shall be communicated to the patient, and the name of the dispensed drug product shall be indicated on the prescription label, unless the prescriber orders otherwise. (f) This section shall not permit substitution between long-acting and short-acting forms of a medication with the same chemical ingredients or between one drug product and two or more drug products with the same chemical ingredients. (Added by Stats. 2001, Ch. 631, Sec. 1. Effective January 1, 2002.)
  162. 4052.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. )

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    An advanced pharmacist practitioner may perform specified clinical tasks. Related notification and registration duties apply when therapy is initiated, adjusted, or discontinued.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4052.6. (a) A pharmacist recognized by the board as an advanced pharmacist practitioner may do all of the following: (1) Perform patient assessments. (2) Order and interpret drug therapy-related tests. (3) Refer patients to other health care providers. (4) Participate in the evaluation and management of diseases and health conditions in collaboration with other health care providers. (5) Initiate, adjust, or discontinue drug therapy. (b) A pharmacist who adjusts or discontinues drug therapy shall promptly transmit written notification to the patient’s diagnosing prescriber or enter the appropriate information in a patient record system shared with the prescriber, as permitted by that prescriber. A pharmacist who initiates drug therapy shall promptly transmit written notification to, or enter the appropriate information into, a patient record system shared with the patient’s primary care provider or diagnosing provider, as permitted by that provider. (c) This section shall not interfere with a physician’s order to dispense a prescription drug as written, or other order of similar meaning. (d) Prior to initiating or adjusting a controlled substance therapy pursuant to this section, a pharmacist shall personally register with the federal Drug Enforcement Administration. (e) A pharmacist who orders and interprets tests pursuant to paragraph (2) of subdivision (a) shall ensure that the ordering of those tests is done in coordination with the patient’s primary care provider or diagnosing prescriber, as appropriate, including promptly transmitting written notification to the patient’s diagnosing prescriber or entering the appropriate information in a patient record system shared with the prescriber, when available and as permitted by that prescriber. (Amended by Stats. 2025, Ch. 196, Sec. 19. (AB 1503) Effective January 1, 2026.)
  163. 4053.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. )

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    The board may issue designated representative licenses, but applicants and licensees must meet training, experience, and education requirements, and wholesalers or veterinary food-animal drug retailers must have a pharmacist or designated representative on site.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4053. (a) Notwithstanding Section 4051, the board may issue a license as a designated representative to provide sufficient and qualified supervision in a wholesaler or veterinary food-animal drug retailer. The designated representative shall protect the public health and safety in the handling, storage, and shipment of dangerous drugs and dangerous devices in the wholesaler or veterinary food-animal drug retailer. (b) An individual who is at least 18 years of age may apply for a designated representative license. In order to obtain and maintain that license, the individual shall meet all of the following requirements: (1) The individual shall be a high school graduate, possess a general education development certificate equivalent, or have earned a degree from an accredited postsecondary institution. (2) The individual shall have a minimum of one year of paid work experience in a licensed pharmacy, or with a drug wholesaler, drug distributor, or drug manufacturer, in the past three years, related to the distribution or dispensing of dangerous drugs or dangerous devices or meet all of the prerequisites to take the examination required for licensure as a pharmacist by the board. (3) The individual shall complete a training program approved by the board that, at a minimum, addresses each of the following subjects: (A) Knowledge and understanding of California law and federal law relating to the distribution of dangerous drugs and dangerous devices. (B) Knowledge and understanding of California law and federal law relating to the distribution of controlled substances. (C) Knowledge and understanding of quality control systems. (D) Knowledge and understanding of the United States Pharmacopoeia standards relating to the safe storage and handling of drugs. (E) Knowledge and understanding of prescription terminology, abbreviations, dosages, and format. (4) The board may, by regulation, require training programs to include additional material. (5) The board shall not issue a license as a designated representative until the applicant provides proof of completion of the required training to the board. (c) The veterinary food-animal drug retailer or wholesaler shall not operate without a pharmacist or a designated representative on its premises. (d) Only a pharmacist or a designated representative shall prepare and affix the label to veterinary food-animal drugs. (e) Section 4051 shall not apply to any laboratory licensed under Section 351 of Title III of the Public Health Service Act (Public Law 78-410). (Amended by Stats. 2021, Ch. 629, Sec. 13. (AB 1533) Effective January 1, 2022.)
  164. 4053.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. )

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    The board may license qualified individuals as designated representative-3PLs, but applicants must meet age, education, experience or exam, and training requirements before a license is issued.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4053.1. (a) Notwithstanding Section 4051, the board may issue a license to a qualified individual as a designated representative-3PL to provide sufficient and qualified supervision of a third-party logistics provider’s place of business. The designated representative-3PL shall protect the public health and safety in the handling, storage, warehousing, distribution, and shipment of dangerous drugs and dangerous devices in the third-party logistics provider’s place of business. (b) An individual who is at least 18 years of age may apply for a designated representative-3PL license. In order to obtain and maintain that license, the individual shall meet all of the following requirements: (1) The individual shall be a high school graduate, possess a general education development certificate equivalent, or have earned a degree from an accredited postsecondary institution. (2) The individual shall meet one of the following requirements: (A) Have a minimum of one year of paid work experience in the past three years with a third-party logistics provider. (B) Have a minimum of one year of paid work experience in the past three years in a licensed pharmacy, or with a drug wholesaler, drug distributor, or drug manufacturer, performing duties related to the distribution or dispensing of dangerous drugs or dangerous devices. (C) Meet all of the prerequisites to take the examination required for licensure as a pharmacist by the board. (3) (A) The individual shall complete a training program approved by the board that, at a minimum, addresses each of the following subjects: (i) Knowledge and understanding of California law and federal law relating to the distribution of dangerous drugs and dangerous devices. (ii) Knowledge and understanding of California law and federal law relating to the distribution of controlled substances. (iii) Knowledge and understanding of quality control systems. (iv) Knowledge and understanding of the United States Pharmacopoeia or federal Food and Drug Administration standards relating to the safe storage, handling, and transport of dangerous drugs and dangerous devices. (B) The board may, by regulation, require the training program required under this paragraph to include additional material. (C) The board shall not issue a license as a designated representative-3PL until the applicant provides proof of completion of the training required by this paragraph to the board. (c) A third-party logistics provider shall not operate without at least one designated representative-3PL present at each of its licensed places of business as required under Section 4160. (Amended by Stats. 2021, Ch. 629, Sec. 14. (AB 1533) Effective January 1, 2022.)
  165. 4053.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. )

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    The board may license qualified individuals as designated representative-reverse distributors, and applicants must meet age, education, experience or exam, and training requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4053.2. (a) Notwithstanding Sections 4051 and 4053, the board may issue a designated representative-reverse distributor license to a qualified individual who shall provide sufficient and qualified supervision over a licensed wholesaler that only acts as a reverse distributor. The designated representative-reverse distributor shall protect the public health and safety in the handling, storage, warehousing, and destruction of outdated or nonsaleable dangerous drugs and dangerous devices. (b) An individual who is at least 18 years of age may apply for a designated representative-reverse distributor license. In order to obtain and maintain that license, the individual shall meet all of the following requirements: (1) The individual shall be a high school graduate, possess a general education development certificate equivalent, or have earned a degree from an accredited postsecondary institution. (2) The individual shall meet one of the following requirements: (A) Have a minimum of one year of paid work experience in the past three years with a licensed wholesaler, third-party logistics provider, or pharmacy performing duties related to the distribution, dispensing, or destruction of dangerous drugs or dangerous devices. (B) Have a minimum of one year of paid work experience in the destruction of outdated or nonsaleable dangerous drugs or dangerous devices pharmaceutical waste. (C) Meet all of the prerequisites to take the examination required for licensure as a pharmacist by the board. (3) (A) The individual shall complete a training program approved by the board that, at a minimum, addresses each of the following subjects: (i) Knowledge and understanding of California law and federal law relating to the distribution of dangerous drugs and dangerous devices. (ii) Knowledge and understanding of California law and federal law relating to the distribution of controlled substances. (iii) Knowledge and understanding of California law and federal law relating to the removal and destruction of dangerous drugs, dangerous devices, and pharmaceutical waste. (iv) Knowledge and understanding of the United States Pharmacopoeia or federal Food and Drug Administration standards relating to the safe storage, handling, and transport of dangerous drugs and dangerous devices. (B) The board may, by regulation, require the training program required under this paragraph to include additional material. (C) The board shall not issue a license as a designated representative-reverse distributor until the applicant provides proof of completion of the training required by this paragraph to the board. (c) A reverse distributor shall not operate without at least one designated representative or designated representative-reverse distributor present at each of its licensed places of business as required under Section 4160. (Amended by Stats. 2021, Ch. 629, Sec. 15. (AB 1533) Effective January 1, 2022.)
  166. 4054.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. )

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    Section 4051 does not apply to manufacturers or wholesalers that provide dialysis drugs and devices directly to patients.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4054. Section 4051 shall not apply to a manufacturer or wholesaler that provides dialysis drugs and devices directly to patients. (Amended by Stats. 2004, Ch. 857, Sec. 9. Effective January 1, 2005.)
  167. 4055.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. )

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    This section allows devices to be sold to certain licensed clinics and care facilities if the devices are furnished only on the prescription or order of a physician, dentist, or podiatrist.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4055. Nothing in this chapter, nor any other law, shall prohibit the sale of devices to clinics that have been issued a clinic license pursuant to Article 13 (commencing with Section 4180) of this chapter, or to skilled nursing facilities or intermediate care facilities licensed pursuant to Chapter 2 (commencing with Section 1250) of, or to home health agencies licensed pursuant to Chapter 8 (commencing with Section 1725) of, or to hospices licensed pursuant to Chapter 8.5 (commencing with Section 1745) of, Division 2 of, the Health and Safety Code, as long as the devices are furnished only upon the prescription or order of a physician, dentist, or podiatrist. (Amended by Stats. 1997, Ch. 549, Sec. 33. Effective January 1, 1998.)
  168. 4056.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. )

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    Certain small licensed hospitals without a full-time pharmacist may buy drugs wholesale and use or dispense them only under stated conditions, but they must keep records and meet licensing and consultant requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4056. (a) Notwithstanding any provision of this chapter, a licensed hospital that contains 100 beds or fewer, and that does not employ a full-time pharmacist, may purchase drugs at wholesale for administration, under the direction of a physician, or for dispensation by a physician, to persons registered as inpatients of the hospital, to emergency cases under treatment in the hospital, or, under the conditions described in subdivision (f), to persons registered as outpatients in a rural hospital as defined in Section 124840 of the Health and Safety Code. The hospital shall keep records of the kind and amounts of drugs so purchased and administered or dispensed, and the records shall be available for inspection by all properly authorized personnel of the board. (b) No hospital shall be entitled to the benefits of subdivision (a) until it has obtained a license from the board. Each license shall be issued to a specific hospital and for a specific location. (c) Each application for a license under this section shall be made on a form furnished by the board. Upon the filing of the application and payment of the fee prescribed in subdivision (a) of Section 4400, the executive officer of the board shall issue a license authorizing the hospital to which it is issued to purchase drugs at wholesale pursuant to subdivision (a). The license shall be renewed annually on or before November 1 of each year upon payment of the renewal fee prescribed in subdivision (b) of Section 4400 and shall not be transferable. (d) The form of application for a license under this section shall contain the name and address of the applicant, the number of beds, whether the applicant is a licensed hospital, whether it does or does not employ a full-time pharmacist, the name of its chief medical officer, and the name of its administrator. (e) The board may deny, revoke, or suspend a license issued under this section in the manner and for the grounds specified in Article 19 (commencing with Section 4300). (f) A physician himself or herself may dispense drugs to outpatients directly pursuant to subdivision (a) only if the physician determines that it is in the best interest of the patient that a particular drug regimen be immediately commenced or continued, and the physician reasonably believes that a pharmacy located outside the hospital is not available and accessible at the time of dispensation to the patient within 30 minutes of the hospital pharmaceutical services or within a 30-mile radius from the hospital pharmaceutical services by means of the method of transportation the patient states that he or she intends to use. The quantity of drugs dispensed to any outpatient pursuant to this subdivision shall be limited to that amount necessary to maintain uninterrupted therapy during the period when pharmaceutical services outside the hospital are not readily available or accessible, but shall not exceed a 72-hour supply. The physician shall ensure that the label on the drug contains all the information required by Section 4076. (g) A rural hospital, as defined in Section 124840 of the Health and Safety Code, shall obtain information regarding the hours of operation of each pharmacy located within the 30 minute or 30-mile radius of the hospital. The hospital shall update this information annually, and shall make this information available to its medical staff. (h) A licensed hospital that contains 100 beds or fewer, does not employ a full-time pharmacist, and purchases drugs at wholesale for administration or dispensation pursuant to subdivision (a), shall retain the services of a pharmacist consultant to monitor and review the pharmaceutical services provided by the hospital to inpatients of the hospital, and the dispensing of drugs by physicians to outpatients pursuant to subdivision (f). (i) This section shall not be construed to eliminate the requirements of Section 11164 or 11167 of the Health and Safety Code. (Amended by Stats. 1999, Ch. 900, Sec. 1. Effective October 10, 1999.)
  169. 4057.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. )

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    This section lists several situations where this chapter does not apply to certain drug and device sales, storage, furnishing, transport, or training use.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4057. (a) Except as provided in Section 4006, subdivision (d) of Section 4081, Section 4240, subdivisions (t) and (u) of Section 4301, and Section 4342, this chapter does not apply to the retail sale of nonprescription drugs that are not subject to Section 4022 and that are packaged or bottled in the manufacturer’s or distributor’s container and labeled in accordance with applicable federal and state drug labeling requirements. (b) This chapter does not apply to specific dangerous drugs and dangerous devices listed in board regulations, where the sale or furnishing is made to any of the following: (1) A physician, dentist, podiatrist, pharmacist, medical technician, medical technologist, optometrist, or chiropractor holding a currently valid and unrevoked license and acting within the scope of his or her profession. (2) A clinic, hospital, institution, or establishment holding a currently valid and unrevoked license or permit under Division 2 (commencing with Section 1200) of the Health and Safety Code, or Chapter 2 (commencing with Section 3300) of Division 3 of, or Part 2 (commencing with Section 6250) of Division 6 of, the Welfare and Institutions Code. (3) A correctional clinic, as defined in Section 4187, holding a currently valid and unrevoked license or permit under Article 13.5 (commencing with Section 4187). (c) This chapter shall not apply to a home health agency licensed under Chapter 8 (commencing with Section 1725) of, or a hospice licensed under Chapter 8.5 (commencing with Section 1745) of, Division 2 of, the Health and Safety Code, when it purchases, stores, furnishes, or transports specific dangerous drugs and dangerous devices listed in board regulations in compliance with applicable law and regulations including: (1) Dangerous devices described in subdivision (b) of Section 4022, as long as these dangerous devices are furnished only upon the prescription or order of a physician, dentist, or podiatrist. (2) Hypodermic needles and syringes. (3) Irrigation solutions of 50 cubic centimeters or greater. (d) This chapter does not apply to the storage of devices in secure central or ward supply areas of a clinic, hospital, institution, or establishment holding a currently valid and unrevoked license or permit pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code, or pursuant to Chapter 2 (commencing with Section 3300) of Division 3 of, or Part 2 (commencing with Section 6250) of Division 6 of, the Welfare and Institutions Code. (e) This chapter does not apply to the retail sale of vitamins, mineral products, or combinations thereof or to foods, supplements, or nutrients used to fortify the diet of humans or other animals or poultry and labeled as such that are not subject to Section 4022 and that are packaged or bottled in the manufacturer’s or distributor’s container and labeled in accordance with applicable federal and state labeling requirements. (f) This chapter does not apply to the furnishing of dangerous drugs and dangerous devices to recognized schools of nursing. These dangerous drugs and dangerous devices shall not include controlled substances. The dangerous drugs and dangerous devices shall be used for training purposes only, and not for the cure, mitigation, or treatment of disease in humans. Recognized schools of nursing for purposes of this subdivision are those schools recognized as training facilities by the California Board of Registered Nursing. (Amended by Stats. 2018, Ch. 36, Sec. 4. (AB 1812) Effective June 27, 2018.)
  170. 4058.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. )

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    License holders operating a premises must display the original license and current renewal license on the premises where the public can clearly read them.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4058. Every person holding a license issued under this chapter to operate a premises shall display the original license and current renewal license upon the licensed premises in a place where it may be clearly read by the public. (Amended by Stats. 1997, Ch. 549, Sec. 36. Effective January 1, 1998.)
  171. 4059.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. )

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    This section generally prohibits furnishing dangerous drugs or devices except on specified prescriptions, but creates several limited exceptions and related recordkeeping and training rules.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4059. (a) A person may not furnish any dangerous drug, except upon the prescription of a physician, dentist, podiatrist, optometrist, veterinarian, or naturopathic doctor pursuant to Section 3640.7. A person may not furnish any dangerous device, except upon the prescription of a physician, dentist, podiatrist, optometrist, veterinarian, or naturopathic doctor pursuant to Section 3640.7. (b) This section does not apply to the furnishing of any dangerous drug or dangerous device by a manufacturer, wholesaler, or pharmacy to each other or to a physician, dentist, podiatrist, optometrist, veterinarian, or naturopathic doctor pursuant to Section 3640.7, or to a laboratory under sales and purchase records that correctly give the date, the names and addresses of the supplier and the buyer, the drug or device, and its quantity. This section does not apply to the furnishing of any dangerous device by a manufacturer, wholesaler, or pharmacy to a physical therapist acting within the scope of his or her license under sales and purchase records that correctly provide the date the device is provided, the names and addresses of the supplier and the buyer, a description of the device, and the quantity supplied. (c) A pharmacist, or a person exempted pursuant to Section 4054, may distribute dangerous drugs and dangerous devices directly to dialysis patients pursuant to regulations adopted by the board. The board shall adopt any regulations as are necessary to ensure the safe distribution of these drugs and devices to dialysis patients without interruption thereof. A person who violates a regulation adopted pursuant to this subdivision shall be liable upon order of the board to surrender his or her personal license. These penalties shall be in addition to penalties that may be imposed pursuant to Section 4301. If the board finds any dialysis drugs or devices distributed pursuant to this subdivision to be ineffective or unsafe for the intended use, the board may institute immediate recall of any or all of the drugs or devices distributed to individual patients. (d) Home dialysis patients who receive any drugs or devices pursuant to subdivision (c) shall have completed a full course of home training given by a dialysis center licensed by the State Department of Public Health. The physician prescribing the dialysis products shall submit proof satisfactory to the manufacturer or wholesaler that the patient has completed the program. (e) A pharmacist may furnish a dangerous drug authorized for use pursuant to Section 2620.3 to a physical therapist. A record containing the date, name and address of the buyer, and name and quantity of the drug shall be maintained. This subdivision shall not be construed to authorize the furnishing of a controlled substance. (f) A pharmacist may furnish electroneuromyographic needle electrodes or hypodermic needles used for the purpose of placing wire electrodes for kinesiological electromyographic testing to physical therapists who are certified by the Physical Therapy Board of California to perform tissue penetration in accordance with Section 2620.5. (g) Nothing in this section shall be construed as permitting a licensed physical therapist to dispense or furnish a dangerous device without a prescription of a physician, dentist, podiatrist, optometrist, or veterinarian. (h) A veterinary food-animal drug retailer shall dispense, furnish, transfer, or sell veterinary food-animal drugs only to another veterinary food-animal drug retailer, a pharmacy, a veterinarian, or to a veterinarian’s client pursuant to a prescription from the veterinarian for food-producing animals. (Amended by Stats. 2010, Ch. 653, Sec. 24. (SB 1489) Effective January 1, 2011.)
  172. 4059.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. )

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    This section controls how dangerous drugs and dangerous devices may be ordered, received, delivered, stored, and documented.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4059.5. (a) Except as otherwise provided in this chapter, dangerous drugs or dangerous devices may only be ordered by an entity licensed by the board and shall be delivered to the licensed premises and signed for and received by a pharmacist. Where a licensee is permitted to operate through a designated representative, or in the case of a reverse distributor a designated representative-reverse distributor, that individual shall sign for and receive the delivery. (b) A dangerous drug or dangerous device transferred, sold, or delivered to a person within this state shall be transferred, sold, or delivered only to an entity licensed by the board, to a manufacturer, or to an ultimate user or the ultimate user’s agent. (c) Notwithstanding subdivisions (a) and (b), deliveries to a hospital pharmacy may be made to a central receiving location within the hospital. However, the dangerous drugs or dangerous devices shall be delivered to the licensed pharmacy premises within one working day following receipt by the hospital, and the pharmacist on duty at that time shall immediately inventory the dangerous drugs or dangerous devices. (d) Notwithstanding any other law, a dangerous drug or dangerous device may be ordered by and provided to a manufacturer, physician, dentist, podiatrist, optometrist, veterinarian, naturopathic doctor pursuant to Section 3640.7, or laboratory, or a physical therapist acting within the scope of his or her license. A person or entity receiving delivery of a dangerous drug or dangerous device, or a duly authorized representative of the person or entity, shall sign for the receipt of the dangerous drug or dangerous device. (e) A dangerous drug or dangerous device shall not be transferred, sold, or delivered to a person outside this state, whether foreign or domestic, unless the transferor, seller, or deliverer does so in compliance with the laws of this state and of the United States and of the state or country to which the dangerous drugs or dangerous devices are to be transferred, sold, or delivered. Compliance with the laws of this state and the United States and of the state or country to which the dangerous drugs or dangerous devices are to be delivered shall include, but not be limited to, determining that the recipient of the dangerous drugs or dangerous devices is authorized by law to receive the dangerous drugs or dangerous devices. (f) Notwithstanding subdivision (a), a pharmacy may take delivery of dangerous drugs and dangerous devices when the pharmacy is closed and no pharmacist is on duty if all of the following requirements are met: (1) The drugs are placed in a secure storage facility in the same building as the pharmacy. (2) Only the pharmacist-in-charge or a pharmacist designated by the pharmacist-in-charge has access to the secure storage facility after dangerous drugs or dangerous devices have been delivered. (3) The secure storage facility has a means of indicating whether it has been entered after dangerous drugs or dangerous devices have been delivered. (4) The pharmacy maintains written policies and procedures for the delivery of dangerous drugs and dangerous devices to a secure storage facility. (5) The agent delivering dangerous drugs and dangerous devices pursuant to this subdivision leaves documents indicating the name and amount of each dangerous drug or dangerous device delivered in the secure storage facility. The pharmacy shall be responsible for the dangerous drugs and dangerous devices delivered to the secure storage facility. The pharmacy shall also be responsible for obtaining and maintaining records relating to the delivery of dangerous drugs and dangerous devices to a secure storage facility. (g) Notwithstanding subdivision (a), dangerous drugs and devices and controlled substances may be ordered by a remote dispensing site pharmacy licensed by the board and may be signed for and received by a registered pharmacy technician, who meets the qualifications of Section 4132, at the remote site. A controlled substance signed for by a pharmacy technician under this section shall be stored separately from existing inventory until the time the controlled substance is reviewed and countersigned by a pharmacist. Any receipt and storage of a controlled substance by a pharmacy technician pursuant to this section shall be captured on video, and that video shall be made accessible to the supervising pharmacy and maintained by the remote dispensing site pharmacy for 120 days. (Amended by Stats. 2017, Ch. 598, Sec. 5.5. (SB 752) Effective January 1, 2018.)
  173. 4060.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. )

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    Generally, a person may not possess controlled substances, subject to listed prescription and stock-labeling exceptions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4060. A person shall not possess any controlled substance, except that furnished to a person upon the prescription of a physician, dentist, podiatrist, optometrist, veterinarian, nurse practitioner practicing pursuant to Section 2837.103 or 2837.104, or naturopathic doctor pursuant to Section 3640.7, or furnished pursuant to a drug order issued by a certified nurse-midwife pursuant to Section 2746.51, a nurse practitioner practicing pursuant to Section 2836.1, a physician assistant pursuant to Section 3502.1, a naturopathic doctor pursuant to Section 3640.5, or a pharmacist pursuant to Section 4052.1, 4052.2, or 4052.6. This section does not apply to the possession of any controlled substance by a manufacturer, wholesaler, third-party logistics provider, pharmacy, pharmacist, physician, podiatrist, dentist, optometrist, veterinarian, naturopathic doctor, certified nurse-midwife, nurse practitioner, or physician assistant, if in stock in containers correctly labeled with the name and address of the supplier or producer. This section does not authorize a certified nurse-midwife, a nurse practitioner practicing pursuant to Section 2836.1, a physician assistant, or a naturopathic doctor, to order their own stock of dangerous drugs and devices. (Amended by Stats. 2022, Ch. 413, Sec. 24. (AB 2684) Effective January 1, 2023.)
  174. 4061.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. )

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    A manufacturer’s sales representative may not give away dangerous drugs or devices as complimentary samples unless there is a written request from specified licensed practitioners. The request must include required identifying details, and the supplier must keep the records.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4061. (a) No manufacturer’s sales representative shall distribute any dangerous drug or dangerous device as a complimentary sample without the written request of a physician, dentist, podiatrist, optometrist, veterinarian, nurse practitioner practicing pursuant to Section 2837.103 or 2837.104, or naturopathic doctor pursuant to Section 3640.7. However, a certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51, a nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1, or protocol, a physician assistant who functions pursuant to a protocol described in Section 3502.1, or a naturopathic doctor who functions pursuant to a standardized procedure or protocol described in Section 3640.5, may sign for the request and receipt of complimentary samples of a dangerous drug or dangerous device that has been identified in the standardized procedure, protocol, or practice agreement. Standardized procedures, protocols, and practice agreements shall include specific approval by a physician. A review process, consistent with the requirements of Section 2725, 3502.1, or 3640.5, of the complimentary samples requested and received by a nurse practitioner practicing pursuant to Section 2836.1, certified nurse-midwife, physician assistant, or naturopathic doctor, shall be defined within the standardized procedure, protocol, or practice agreement. (b) Each written request shall contain the names and addresses of the supplier and the requester, the name and quantity of the specific dangerous drug desired, the name of the certified nurse-midwife, nurse practitioner, physician assistant, or naturopathic doctor, if applicable, receiving the samples pursuant to this section, the date of receipt, and the name and quantity of the dangerous drugs or dangerous devices provided. These records shall be preserved by the supplier with the records required by Section 4059. (c) Nothing in this section is intended to expand the scope of practice of a certified nurse-midwife, nurse practitioner, physician assistant, or naturopathic doctor. (Amended by Stats. 2022, Ch. 413, Sec. 25. (AB 2684) Effective January 1, 2023.)
  175. 4062.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. )

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    During an emergency, pharmacists or clinics licensed under Section 4180 may furnish certain drugs or devices without a prescription, and the board may waive or relax some chapter requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4062. (a) Notwithstanding Section 4059 or any other law, a pharmacist or a clinic licensed and acting under Section 4180 may, in good faith, furnish a dangerous drug or dangerous device in reasonable quantities without a prescription during a federal, state, or local emergency, to further the health and safety of the public. A record containing the date, name, and address of the person to whom the drug or device is furnished, and the name, strength, and quantity of the drug or device furnished shall be maintained. The pharmacist or clinic shall communicate this information to the patient’s attending physician as soon as possible. Notwithstanding Section 4060 or any other law, a person may possess a dangerous drug or dangerous device furnished without prescription pursuant to this section. (b) During a declared federal, state, or local emergency, the board may waive application of any provisions of this chapter or the regulations adopted pursuant to it if, in the board’s opinion, the waiver will aid in the protection of public health or the provision of patient care. (c) During a declared federal, state, or local emergency, the board shall allow for the employment of a mobile pharmacy or clinic in impacted areas in order to ensure the continuity of patient care, if all of the following conditions are met: (1) The mobile pharmacy or clinic shares common ownership with at least one currently licensed pharmacy or clinic in good standing. (2) The mobile pharmacy or clinic retains records of dispensing, as required by subdivision (a). (3) A licensed pharmacist, or, in the case of a clinic, a professional director, is on the premises and the mobile pharmacy is under the control and management of a pharmacist, or, in the case of a clinic, a professional director, while the drugs are being dispensed. (4) Reasonable security measures are taken to safeguard the drug supply maintained in the mobile pharmacy or clinic. (5) The mobile pharmacy or clinic is located within the declared emergency area or affected areas. (6) The mobile pharmacy or clinic ceases the provision of services within 48 hours following the termination of the declared emergency. (d) Notwithstanding any other law, the board may elect to continue to waive application of any provision of this chapter for up to 90 days following the termination of the declared emergency if, in the board’s opinion, the continued waiver will aid in the protection of the public health or in the provision of patient care. (e) (1) A pharmacy that is destroyed or severely damaged as a result of a natural disaster or due to events that led to a declared federal, state, or local emergency, may be relocated. The relocation shall not be considered a transfer of ownership or location under Section 4110, if no changes are made to the management and control, or ownership, of the pharmacy and all applicable laws and regulations are followed. Notification of the relocation shall be provided to the board immediately upon identification of the new location. (2) For purposes of this section, “severely damaged” means damage that renders the premises unsafe or unfit for entry or occupation. (Amended by Stats. 2019, Ch. 679, Sec. 1. (AB 690) Effective October 9, 2019.)
  176. 4063.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. )

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    Dangerous drugs and dangerous devices may be refilled only if the prescriber authorizes the refill; controlled substances cannot be labeled refillable as needed.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4063. No prescription for any dangerous drug or dangerous device may be refilled except upon authorization of the prescriber. The authorization may be given orally or at the time of giving the original prescription. No prescription for any dangerous drug that is a controlled substance may be designated refillable as needed. (Amended by Stats. 1997, Ch. 549, Sec. 43. Effective January 1, 1998.)
  177. 4064.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. )

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    A pharmacist may refill a dangerous drug or device prescription without the prescriber’s authorization if the prescriber is unavailable and the pharmacist thinks not refilling could harm the patient; the pharmacist must notify the patient and later tell the prescriber. The prescriber is not liable for the refill, and a person may possess the drug or device if it was furnished without prescription under this section.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4064. (a) A prescription for a dangerous drug or dangerous device may be refilled without the prescriber’s authorization if the prescriber is unavailable to authorize the refill and if, in the pharmacist’s professional judgment, failure to refill the prescription might interrupt the patient’s ongoing care and have a significant adverse effect on the patient’s well-being. (b) The pharmacist shall inform the patient that the prescription was refilled pursuant to this section. (c) The pharmacist shall inform the prescriber within a reasonable period of time of any refills dispensed pursuant to this section. (d) The prescriber shall not incur any liability as the result of a refilling of a prescription pursuant to this section. (e) Notwithstanding Section 4060 or any other law, a person may possess a dangerous drug or dangerous device furnished without prescription pursuant to this section. (Amended by Stats. 2025, Ch. 196, Sec. 23. (AB 1503) Effective January 1, 2026.)
  178. 4064.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. )

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    A pharmacist may dispense up to a 90-day supply of certain dangerous drugs, and must notify the prescriber when increasing the quantity dispensed. The section also requires dispensing up to a 12-month supply of FDA-approved self-administered hormonal contraceptives at a patient’s request, subject to the stated prescription requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4064.5. (a) A pharmacist may dispense not more than a 90-day supply of a dangerous drug other than a controlled substance pursuant to a valid prescription that specifies an initial quantity of less than a 90-day supply followed by periodic refills of that amount if all of the following requirements are satisfied: (1) The patient has completed an initial 30-day supply of the dangerous drug. (2) The total quantity of dosage units dispensed does not exceed the total quantity of dosage units authorized by the prescriber on the prescription, including refills. (3) The prescriber has not specified on the prescription that dispensing the prescription in an initial amount followed by periodic refills is medically necessary. (4) The pharmacist is exercising their professional judgment. (b) For purposes of this section, if the prescription continues the same medication as previously dispensed in a 90-day supply, the initial 30-day supply under paragraph (1) of subdivision (a) is not required. (c) A pharmacist dispensing an increased supply of a dangerous drug pursuant to this section shall notify the prescriber of the increase in the quantity of dosage units dispensed. (d) This section shall not apply to psychotropic medication or psychotropic drugs as described in subdivision (d) of Section 369.5 of the Welfare and Institutions Code. (e) This section does not apply to FDA-approved, self-administered hormonal contraceptives. (1) A pharmacist shall furnish or dispense, at a patient’s request, up to a 12-month supply of an FDA-approved, self-administered hormonal contraceptive pursuant to a valid prescription that specifies an initial quantity followed by periodic refills. (2) Nothing in this subdivision shall be construed to require a pharmacist to dispense or furnish a drug if it would result in a violation of Section 733. (f) Nothing in this section shall be construed to require a health care service plan, health insurer, workers’ compensation insurance plan, pharmacy benefits manager, or any other person or entity, including, but not limited to, a state program or state employer, to provide coverage for a dangerous drug in a manner inconsistent with a beneficiary’s plan benefit. (Amended by Stats. 2025, Ch. 196, Sec. 24. (AB 1503) Effective January 1, 2026.)
  179. 4065.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. )

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    A licensed health care facility may use an injection card system for controlled substances, but any facility using one must have a written protocol and follow detailed recordkeeping and review requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4065. (a) “Injection card system,” as used in this section, means a system that enables a facility to authorize an outpatient to receive injections of controlled substances at the facility pursuant to a prior written order by a physician, through the use of a card that is maintained at the location in the facility where the injections are administered. (1) The injection card shall include, at a minimum, the following information: the date of authorization, the number and frequency of injections authorized, the name of the drug including the strength and amount authorized, the names of the prescribing physician and the patient, the date and time of each injection, and the signature of the person administering the injection. (2) In addition, the patient’s medical record maintained by the facility shall contain all of the information required under Sections 4040 and 4070 and Chapter 1 (commencing with Section 70001) of Division 5 of Title 22 of the California Code of Regulations. (b) Notwithstanding any other provision of law, a licensed health care facility may provide for the administration of controlled substances through the use of an injection card system for controlled substances. (c) A facility that employs an injection card system shall have a written protocol for the use of this system. The protocol shall be developed by a team of health care professionals, including at least one physician, one registered nurse, and one pharmacist. The protocol shall provide for, but not be limited to, the following: (1) Identification of drugs to be included in the injection card system. (2) Distinction among classes of drugs. (3) Periodic review of the efficacy of the injection card system, including, but not limited to, its effectiveness and safety for different classes of drugs. (4) Determination as to whether each drug included in the injection card system requires the presence of a physician or only the ready availability of a physician. (5) Implementation of recordkeeping systems that, at a minimum, record each injection and each visit, provide for the immediate entry of the injection in the patient’s medical record, provide a system for discontinuance of the order by the prescribing physician, and allow for ready identification of patterns of possible or actual patient abuse of controlled substances and other potential adverse drug interactions. (6) Retention of the injection card by the facility at all times when a controlled substance is being administered. (7) Adequate initial evaluation of patients, including, but not limited to, a determination as to whether each patient is a proper subject for the injection card system. (8) Ongoing medical evaluation of the patient’s response to the injection card system. (9) That all injection cards shall become a permanent part of the patient’s medical record within 15 days from the date the last authorized dose is administered. (d) Nothing in this section shall be construed to prohibit the use, or impose new requirements on the use, of an injection card system for noncontrolled substances. (Repealed and added by Stats. 1996, Ch. 890, Sec. 3. Effective January 1, 1997.)
  180. 4066.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. )

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    Wholesalers or pharmacies may furnish dangerous drugs for an ocean vessel under a written prescription, and they must notify the board within 30 days if they engage in these activities.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4066. (a) Notwithstanding Section 4059, a wholesaler or pharmacy may furnish dangerous drugs to the master or first officer of an ocean vessel, pursuant to a written prescription. The requisition shall be on the vessel’s official stationery, signed by the vessel’s first officer. The drugs shall be maintained on board the vessel and dispensed from medicine chests, first aid packets, or dispensaries, pursuant to standardized procedures established by a registered medical officer. (b) Dangerous drugs shall be furnished in a sealed container to the vessel’s first officer, on proper identification, or delivered aboard the vessel. (c) Wholesalers or pharmacies engaging in the activities authorized by this section shall give notice to the board within 30 days of undertaking the activity. (d) Distribution of controlled substances shall be in accordance with federal requirements contained in Section 1301.28 of Title 21 of the Code of Federal Regulations. (Added by Stats. 1996, Ch. 890, Sec. 3. Effective January 1, 1997.)
  181. 4067.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. )

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    People or entities may not sell or furnish dangerous drugs or devices online for delivery in this state without a prescription based on an appropriate prior examination, and violations can trigger fines or civil penalties.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4067. (a) No person or entity shall dispense or furnish, or cause to be dispensed or furnished, dangerous drugs or dangerous devices, as defined in Section 4022, on the internet for delivery to any person in this state without a prescription issued pursuant to an appropriate prior examination of the human or animal for whom the prescription is meant if the person or entity either knew or reasonably should have known that the prescription was not issued pursuant to an appropriate prior examination of the human or animal, or if the person or entity did not act in accordance with Section 1761 of Title 16 of the California Code of Regulations. (b) Notwithstanding any other provision of law, a violation of this section may subject the person or entity that has committed the violation to either a fine of up to twenty-five thousand dollars ($25,000) per occurrence pursuant to a citation issued by the board or a civil penalty of twenty-five thousand dollars ($25,000) per occurrence. (c) The Attorney General may bring an action to enforce this section and to collect the fines or civil penalties authorized by subdivision (b). (d) For notifications made on and after January 1, 2002, the Franchise Tax Board, upon notification by the Attorney General or the board of a final judgment in an action brought under this section, shall subtract the amount of the fine or awarded civil penalties from any tax refunds or lottery winnings due to the person who is a defendant in the action using the offset authority under Section 12419.5 of the Government Code, as delegated by the Controller, and the processes as established by the Franchise Tax Board for this purpose. That amount shall be forwarded to the board for deposit in the Pharmacy Board Contingent Fund. (e) Nothing in this section shall be construed to permit the unlicensed practice of pharmacy, or to limit the authority of the board to enforce any other provision of this chapter. (f) For the purposes of this section, “appropriate prior examination” includes the requirements for a physician and surgeon in Section 2242 and the requirements for a veterinarian in Section 4826.6. (Amended by Stats. 2025, Ch. 196, Sec. 25. (AB 1503) Effective January 1, 2026.)
  182. 4068.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. )

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    A prescriber may dispense certain dangerous drugs to an emergency room patient if the listed conditions are met, and must ensure the label includes required information.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4068. (a) Notwithstanding any provision of this chapter, except as provided in subdivision (b), a prescriber may dispense a dangerous drug, including a controlled substance, to an emergency room patient if all of the following apply: (1) The hospital pharmacy is closed and there is no pharmacist available in the hospital. (2) The dangerous drug is acquired by the hospital pharmacy. (3) The dispensing information is recorded and provided to the pharmacy when the pharmacy reopens. (4) The hospital pharmacy retains the dispensing information and, if the drug is a schedule II, schedule III, or schedule IV controlled substance, reports the dispensing information to the Department of Justice pursuant to Section 11165 of the Health and Safety Code. (5) The prescriber determines that it is in the best interest of the patient that a particular drug regimen be immediately commenced or continued, and the prescriber reasonably believes that a pharmacy located outside the hospital is not available and accessible at the time of dispensing to the patient. (6) The quantity of drugs dispensed to any patient pursuant to this section are limited to that amount necessary to maintain uninterrupted therapy during the period when pharmacy services outside the hospital are not readily available or accessible, but shall not exceed a 72-hour supply. (7) The prescriber shall ensure that the label on the drug contains all the information required by Section 4076. (b) Notwithstanding any provision of this chapter, including subdivision (a), a prescriber may dispense an unused portion of a dangerous drug acquired by the hospital pharmacy to an emergency room patient upon discharge under all of the following conditions: (1) The dangerous drug is not a controlled substance. (2) The dangerous drug has been ordered and administered to the emergency room patient. (3) The dangerous drug was administered from single patient use multidose packaging and can be self-administered by the patient, including, but not limited to, an inhaler, eye drop, ear drop, nose drop or spray, topical product, or liquid product. (4) Dispensing the unused portion of the dangerous drug is required to continue treatment of the emergency room patient. (5) The prescriber shall ensure that the label on the drug contains all of the information required by Section 4076. (c) The prescriber shall be responsible for any error or omission related to the drugs dispensed. (Amended by Stats. 2025, Ch. 363, Sec. 1. (AB 447) Effective January 1, 2026.)
  183. 4069.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. )

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    A pharmacist filling a veterinary prescription for a dangerous drug must offer the animal patient’s representative the option to receive veterinary drug documentation during the consultation.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 3. Scope of Practice and Exemptions [4050 - 4069] ( Article 3 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4069. A pharmacist who dispenses or furnishes a dangerous drug, as defined in Section 4022, pursuant to a veterinary prescription shall include, as part of the consultation, the option for a representative of an animal patient to also receive drug documentation specifically designed for veterinary drugs. (Added by Stats. 2024, Ch. 481, Sec. 15. (SB 1451) Effective January 1, 2025.)
  184. 4070.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 4. Requirements for Prescriptions [4070 - 4079] ( Article 4 added by Stats. 1996, Ch. 890, Sec. 3. )

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    Pharmacists must promptly reduce oral or electronic prescriptions to writing and fill them, with limited exceptions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 4. Requirements for Prescriptions [4070 - 4079] ( Article 4 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4070. (a) Except as provided in Section 4019 and subdivision (b), an oral or an electronic data transmission prescription as defined in subdivision (c) of Section 4040 shall as soon as practicable be reduced to writing by the pharmacist and shall be filled by, or under the direction of, the pharmacist. The pharmacist need not reduce to writing the address, telephone number, license classification, federal registry number of the prescriber or the address of the patient or patients if the information is readily retrievable in the pharmacy. (b) A pharmacy receiving an electronic transmission prescription shall not be required to reduce that prescription to writing or to hard copy form if, for three years from the last date of furnishing pursuant to that prescription or order, the pharmacy is able, upon request by the board, to immediately produce a hard copy report that includes for each date of dispensing of a dangerous drug or dangerous device pursuant to that prescription or order: (1) all of the information described in subparagraphs (A) to (E), inclusive, of paragraph (1) of subdivision (a) of Section 4040, and (2) the name or identifier of the pharmacist who dispensed the dangerous drug or dangerous device. This subdivision shall not apply to prescriptions for controlled substances classified in Schedule II, III, IV, or V, except as permitted pursuant to Section 11164.5 of the Health and Safety Code. (c) If only recorded and stored electronically, on magnetic media, or in any other computerized form, the pharmacy’s computer system shall not permit the received information or the dangerous drug or dangerous device dispensing information required by this section to be changed, obliterated, destroyed, or disposed of, for the record maintenance period required by law once the information has been received by the pharmacy and once the dangerous drug or dangerous device has been dispensed. Once a dangerous drug or dangerous device has been dispensed, if the previously created record is determined to be incorrect, a correcting addition may be made only by or with the approval of a pharmacist. After a pharmacist enters the change or enters his or her approval of the change into the computer, the resulting record shall include the correcting addition and the date it was made to the record, the identity of the person or pharmacist making the correction, and the identity of the pharmacist approving the correction. (d) Nothing in this section shall impair the requirement to have an electronically transmitted prescription transmitted only to the pharmacy of the patient’s choice or to have a written prescription. This requirement shall not apply to orders for medications to be administered in an acute care hospital. (Amended by Stats. 2000, Ch. 293, Sec. 2. Effective January 1, 2001.)
  185. 4071.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 4. Requirements for Prescriptions [4070 - 4079] ( Article 4 added by Stats. 1996, Ch. 890, Sec. 3. )

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    A prescriber may let an agent transmit a prescription to the furnisher, and the furnisher must try to verify the transmitter’s authority and record the agent’s name.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 4. Requirements for Prescriptions [4070 - 4079] ( Article 4 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4071. Notwithstanding any other provision of law, a prescriber may authorize his or her agent on his or her behalf to orally or electronically transmit a prescription to the furnisher. The furnisher shall make a reasonable effort to determine that the person who transmits the prescription is authorized to do so and shall record the name of the authorized agent of the prescriber who transmits the order. This section shall not apply to orders for Schedule II controlled substances. (Amended by Stats. 1997, Ch. 549, Sec. 46. Effective January 1, 1998.)
  186. 4071.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 4. Requirements for Prescriptions [4070 - 4079] ( Article 4 added by Stats. 1996, Ch. 890, Sec. 3. )

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    This section lets certain prescribers, their authorized agents, and pharmacists enter prescriptions or orders electronically from outside a pharmacy or hospital if the facility permits it, and it lets in-state pharmacists verify medication chart orders for a licensed health care facility under specified conditions. It also requires health care facilities to keep verification records and bars dispensing a dangerous drug or device on an electronically entered prescription without prior pharmacist approval.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 4. Requirements for Prescriptions [4070 - 4079] ( Article 4 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4071.1. (a) A prescriber, a prescriber’s authorized agent, or a pharmacist may electronically enter a prescription or an order, as defined in Section 4019, into a pharmacy’s or hospital’s computer from any location outside of the pharmacy or hospital with the permission of the pharmacy or hospital. For purposes of this section, a “prescriber’s authorized agent” is a person licensed or registered under Division 2 (commencing with Section 500). (b) This section does not reduce the existing authority of other hospital personnel to enter medication orders or prescription orders into a hospital’s computer. (c) A dangerous drug or dangerous device shall not be dispensed pursuant to a prescription that has been electronically entered into a pharmacy’s computer without the prior approval of a pharmacist. (d) (1) A pharmacist located and licensed in the state may, on behalf of a health care facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code, from a location outside of the facility, verify medication chart orders for appropriateness before administration consistent with federal requirements, as established in the health care facility’s policies and procedures. (2) (A) A health care facility shall maintain a record of a pharmacist’s verification of medication chart orders pursuant to this subdivision. (B) A record maintained pursuant to subparagraph (A) shall meet the same requirements as those described in Sections 4081 and 4105. (Amended by Stats. 2023, Ch. 141, Sec. 1. (AB 1557) Effective September 1, 2023.)
  187. 4072.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 4. Requirements for Prescriptions [4070 - 4079] ( Article 4 added by Stats. 1996, Ch. 890, Sec. 3. )

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    Certain licensed health care personnel may transmit a prescription to a furnisher by voice or electronic means if authorized and working with a licensed health care facility; the furnisher must verify the transmitter and record their name.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 4. Requirements for Prescriptions [4070 - 4079] ( Article 4 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4072. (a) Notwithstanding any other provision of law, a pharmacist, registered nurse, licensed vocational nurse, licensed psychiatric technician, or other healing arts licentiate, if so authorized by administrative regulation, who is employed by or serves as a consultant for a licensed skilled nursing, intermediate care, or other health care facility, may orally or electronically transmit to the furnisher a prescription lawfully ordered by a person authorized to prescribe drugs or devices pursuant to Sections 4040 and 4070. The furnisher shall take appropriate steps to determine that the person who transmits the prescription is authorized to do so and shall record the name of the person who transmits the order. This section shall not apply to orders for Schedule II controlled substances. (b) In enacting this section, the Legislature recognizes and affirms the role of the State Department of Public Health in regulating drug order processing requirements for licensed health care facilities as set forth in Title 22 of the California Code of Regulations as they may be amended from time to time. (Amended by Stats. 2010, Ch. 653, Sec. 25. (SB 1489) Effective January 1, 2011.)
  188. 4073.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 4. Requirements for Prescriptions [4070 - 4079] ( Article 4 added by Stats. 1996, Ch. 890, Sec. 3. )

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    A pharmacist may substitute a different drug product for a brand-name prescription if the products match on active ingredients, strength, quantity, dosage form, and generic drug name, but must not substitute when the prescriber says “Do not substitute” or when the substitute costs the patient more.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 4. Requirements for Prescriptions [4070 - 4079] ( Article 4 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4073. (a) A pharmacist filling a prescription order for a drug product prescribed by its trade or brand name may select another drug product with the same active chemical ingredients of the same strength, quantity, and dosage form, and of the same generic drug name as determined by the United States Adopted Names (USAN) and accepted by the federal Food and Drug Administration (FDA), of those drug products having the same active chemical ingredients. (b) In no case shall a selection be made pursuant to this section if the prescriber personally indicates, either orally or in his or her own handwriting, “Do not substitute,” or words of similar meaning. Nothing in this subdivision shall prohibit a prescriber from checking a box on a prescription marked “Do not substitute”; provided that the prescriber personally initials the box or checkmark. To indicate that a selection shall not be made pursuant to this section for an electronic data transmission prescription as defined in subdivision (c) of Section 4040, a prescriber may indicate “Do not substitute,” or words of similar meaning, in the prescription as transmitted by electronic data, or may check a box marked on the prescription “Do not substitute.” In either instance, it shall not be required that the prohibition on substitution be manually initialed by the prescriber. (c) Selection pursuant to this section is within the discretion of the pharmacist, except as provided in subdivision (b). The person who selects the drug product to be dispensed pursuant to this section shall assume the same responsibility for selecting the dispensed drug product as would be incurred in filling a prescription for a drug product prescribed by generic name. There shall be no liability on the prescriber for an act or omission by a pharmacist in selecting, preparing, or dispensing a drug product pursuant to this section. In no case shall the pharmacist select a drug product pursuant to this section unless the drug product selected costs the patient less than the prescribed drug product. Cost, as used in this subdivision, is defined to include any professional fee that may be charged by the pharmacist. (d) This section shall apply to all prescriptions, including those presented by or on behalf of persons receiving assistance from the federal government or pursuant to the California Medical Assistance Program set forth in Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code. (e) When a substitution is made pursuant to this section, the use of the cost-saving drug product dispensed shall be communicated to the patient and the name of the dispensed drug product shall be indicated on the prescription label, except where the prescriber orders otherwise. (Amended by Stats. 2006, Ch. 659, Sec. 6. Effective January 1, 2007.)
  189. 4073.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 4. Requirements for Prescriptions [4070 - 4079] ( Article 4 added by Stats. 1996, Ch. 890, Sec. 3. )

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    A pharmacist may substitute an interchangeable biological product only if the prescriber has not marked it “Do not substitute,” and the substitute costs the patient the same or less. The pharmacist or designee must notify the prescriber and patient, and the board must keep a public link to FDA-interchangeable products.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 4. Requirements for Prescriptions [4070 - 4079] ( Article 4 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4073.5. (a) A pharmacist filling a prescription order for a prescribed biological product may select an alternative biological product only if all of the following: (1) The alternative biological product is interchangeable. (2) The prescriber does not personally indicate “Do not substitute,” or words of similar meaning, in the manner provided in subdivision (d). (b) Within five days following the dispensing of a biological product, a dispensing pharmacist or the pharmacists’ designee shall make an entry of the specific biological product provided to the patient, including the name of the biological product and the manufacturer. The communication shall be conveyed by making an entry that can be electronically accessed by the prescriber through one or more of the following electronic records systems: (1) An interoperable electronic medical records system. (2) An electronic prescribing technology. (3) A pharmacy benefit management system. (4) A pharmacy record. (c) Entry into an electronic records system as described in subdivision (b) is presumed to provide notice to the prescriber. (d) If the pharmacy does not have access to one or more of the entry systems in subdivision (b), the pharmacist or the pharmacist’s designee shall communicate the name of the biological product dispensed to the prescriber using facsimile, telephone, electronic transmission, or other prevailing means, except that communication shall not be required in this instance to the prescriber when either of the following apply: (1) There is no interchangeable biological product approved by the federal Food and Drug Administration for the product prescribed. (2) A refill prescription is not changed from the product dispensed on the prior filling of the prescription. (e) In no case shall a selection be made pursuant to this section if the prescriber personally indicates, either orally or in his or her own handwriting, “Do not substitute,” or words of similar meaning. (1) This subdivision shall not prohibit a prescriber from checking a box on a prescription marked “Do not substitute,” provided that the prescriber personally initials the box or checkmark. (2) To indicate that a selection shall not be made pursuant to this section for an electronic data transmission prescription, as defined in subdivision (c) of Section 4040, a prescriber may indicate “Do not substitute,” or words of similar meaning, in the prescription as transmitted by electronic data, or may check a box marked on the prescription “Do not substitute.” In either instance, it shall not be required that the prohibition on substitution be manually initialed by the prescriber. (f) Selection pursuant to this section is within the discretion of the pharmacist, except as provided in subdivision (e). A pharmacist who selects an alternative biological product to be dispensed pursuant to this section shall assume the same responsibility for substituting the biological product as would be incurred in filling a prescription for a biological product prescribed by name. There shall be no liability on the prescriber for an act or omission by a pharmacist in selecting, preparing, or dispensing a biological product pursuant to this section. In no case shall the pharmacist select a biological product that meets the requirements of subdivision (a) unless the cost to the patient of the biological product selected is the same or less than the cost of the prescribed biological product. Cost, as used in this subdivision, includes any professional fee that may be charged by the pharmacist. (g) This section shall apply to all prescriptions, including those presented by or on behalf of persons receiving assistance from the federal government or pursuant to the Medi-Cal Act set forth in Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code. (h) When a selection is made pursuant to this section, the substitution of a biological product shall be communicated to the patient. (i) The board shall maintain on its public Internet Web site a link to the current list, if available, of biological products determined by the federal Food and Drug Administration to be interchangeable. (j) For purposes of this section, the following terms shall have the following meanings: (1) “Biological product” has the same meaning that applies to that term under Section 351 of the federal Public Health Service Act (42 U.S.C. Sec. 262(i)). (2) “Interchangeable” means a biological product that the federal Food and Drug Administration has determined meets the standards set forth in Section 262(k)(4) of Title 42 of the United States Code, or has been deemed therapeutically equivalent by the federal Food and Drug Administration as set forth in the latest addition or supplement of the Approved Drug Products with Therapeutic Equivalence Evaluations. (3) “Prescription,” with respect to a biological product, means a prescription for a product that is subject to Section 503(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 353(b)). (k) This section shall not prohibit the administration of immunizations, as permitted in Sections 4052 and 4052.8. (l) This section shall not prohibit a disability insurer or health care service plan from requiring prior authorization or imposing other appropriate utilization controls in approving coverage for any biological product. (Added by Stats. 2015, Ch. 545, Sec. 1. (SB 671) Effective January 1, 2016.)
  190. 4074.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 4. Requirements for Prescriptions [4070 - 4079] ( Article 4 added by Stats. 1996, Ch. 890, Sec. 3. )

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    Pharmacists must warn patients about certain prescription drugs, and health facilities must have written discharge-information policies.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 4. Requirements for Prescriptions [4070 - 4079] ( Article 4 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4074. (a) A pharmacist shall inform a patient orally or in writing of the harmful effects of a drug dispensed by prescription if both of the following apply: (1) The drug poses substantial risk to the person consuming the drug when taken in combination with alcohol or the drug may impair a person’s ability to drive a motor vehicle, whichever is applicable. (2) The drug is determined by the board pursuant to subdivision (c) to be a drug or drug type for which this warning shall be given. (b) In addition to the requirement described in subdivision (a), on and after July 1, 2014, if a pharmacist exercising his or her professional judgment determines that a drug may impair a person’s ability to operate a vehicle or vessel, the pharmacist shall include a written label on the drug container indicating that the drug may impair a person’s ability to operate a vehicle or vessel. The label required by this subdivision may be printed on an auxiliary label that is affixed to the prescription container. (c) The board may by regulation require additional information or labeling. (d) This section shall not apply to a drug furnished to a patient in conjunction with treatment or emergency services provided in a health facility or, except as provided in subdivision (e), to a drug furnished to a patient pursuant to subdivision (a) of Section 4056. (e) A health facility shall establish and implement a written policy to ensure that each patient shall receive information regarding each drug given at the time of discharge and each drug given pursuant to subdivision (a) of Section 4056. This information shall include the use and storage of each drug, the precautions and relevant warnings, and the importance of compliance with directions. This information shall be given by a pharmacist or registered nurse, unless already provided by a patient’s prescriber, and the written policy shall be developed in collaboration with a physician, a pharmacist, and a registered nurse. The written policy shall be approved by the medical staff. Nothing in this subdivision or any other law shall be construed to require that only a pharmacist provide this consultation. (Amended by Stats. 2013, Ch. 304, Sec. 1. (AB 1136) Effective January 1, 2014.)
  191. 4075.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 4. Requirements for Prescriptions [4070 - 4079] ( Article 4 added by Stats. 1996, Ch. 890, Sec. 3. )

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    The board may create regulations to stop unauthorized people from getting prescription drugs, and prescriptions for controlled substances transmitted orally or electronically must not be furnished to anyone who cannot properly prove identity.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 4. Requirements for Prescriptions [4070 - 4079] ( Article 4 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4075. No prescription for a controlled substance transmitted by means of an oral or electronically transmitted order shall be furnished to any person unknown and unable to properly establish his or her identity. The board may by regulation establish procedures to prevent unauthorized persons from receiving prescription drugs furnished to a patient or a representative of the patient. (Added by Stats. 1996, Ch. 890, Sec. 3. Effective January 1, 1997.)
  192. 4076.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 4. Requirements for Prescriptions [4070 - 4079] ( Article 4 added by Stats. 1996, Ch. 890, Sec. 3. )

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    A pharmacist may dispense prescriptions only in compliant, correctly labeled containers, and must follow special labeling, recordkeeping, and notice rules for EPT and medication-abortion drugs.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 4. Requirements for Prescriptions [4070 - 4079] ( Article 4 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4076. (a) A pharmacist shall not dispense a prescription except in a container that meets the requirements of state and federal law and is correctly labeled with all of the following: (1) Except when the prescriber or the certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51, the nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1 or protocol, the physician assistant who functions pursuant to Section 3502.1, the naturopathic doctor who functions pursuant to a standardized procedure or protocol described in Section 3640.5, or the pharmacist who functions pursuant to Section 4052 or pursuant to a policy, procedure, or protocol pursuant to Section 4052.1, 4052.2, or 4052.6 orders otherwise, either the manufacturer’s trade name of the drug or the generic name and the name of the manufacturer. Commonly used abbreviations may be used. Preparations containing two or more active ingredients may be identified by the manufacturer’s trade name or the commonly used name or the principal active ingredients. (2) The directions for the use of the drug. (3) The name of the patient or patients. (4) The name of the prescriber or, if applicable, the name of the certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51, the nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1 or protocol, the physician assistant who functions pursuant to Section 3502.1, the naturopathic doctor who functions pursuant to a standardized procedure or protocol described in Section 3640.5, or the pharmacist who functions pursuant to Section 4052 or pursuant to a policy, procedure, or protocol pursuant to Section 4052.1, 4052.2, or 4052.6. (5) The date of issue. (6) The name and address of the pharmacy, and prescription number or other means of identifying the prescription. (7) The strength of the drug or drugs dispensed. (8) The quantity of the drug or drugs dispensed. (9) The expiration date of the effectiveness of the drug dispensed. (10) The condition or purpose for which the drug was prescribed if the condition or purpose is indicated on the prescription. (11) (A) Commencing January 1, 2006, the physical description of the dispensed medication, including its color, shape, and any identification code that appears on the tablets or capsules, except as follows: (i) Prescriptions dispensed by a veterinarian. (ii) An exemption from the requirements of this paragraph shall be granted to a new drug for the first 120 days that the drug is on the market and for the 90 days during which the national reference file has no description on file. (iii) Dispensed medications for which no physical description exists in a commercially available database. (B) This paragraph applies to outpatient pharmacies only. (C) The information required by this paragraph may be printed on an auxiliary label that is affixed to the prescription container. (D) This paragraph shall not become operative if the board, prior to January 1, 2006, adopts regulations that mandate the same labeling requirements set forth in this paragraph. (b) If a pharmacist dispenses a prescribed drug by means of a unit dose medication system, as defined by administrative regulation, for a patient in a skilled nursing, intermediate care, or other health care facility, the requirements of this section will be satisfied if the unit dose medication system contains the aforementioned information or the information is otherwise readily available at the time of drug administration. (c) If a pharmacist dispenses a dangerous drug or device in a facility licensed pursuant to Section 1250 of the Health and Safety Code, it is not necessary to include on individual unit dose containers for a specific patient, the name of the certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51, the nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1 or protocol, the physician assistant who functions pursuant to Section 3502.1, the naturopathic doctor who functions pursuant to a standardized procedure or protocol described in Section 3640.5, or the pharmacist who functions pursuant to Section 4052 or pursuant to a policy, procedure, or protocol pursuant to Section 4052.1, 4052.2, or 4052.6. (d) If a pharmacist dispenses a prescription drug for use in a facility licensed pursuant to Section 1250 of the Health and Safety Code, it is not necessary to include the information required in paragraph (11) of subdivision (a) when the prescription drug is administered to a patient by a person licensed under the Medical Practice Act (Chapter 5 (commencing with Section 2000)), the Nursing Practice Act (Chapter 6 (commencing with Section 2700)), or the Vocational Nursing Practice Act (Chapter 6.5 (commencing with Section 2840)), who is acting within the scope of practice. (e) A pharmacist shall use professional judgment to provide a patient with directions for use that enhance the patient’s understanding of those directions, consistent with the prescriber’s instructions. (f) (1) Notwithstanding subdivision (a) or any other law, a pharmacist may dispense a drug prescribed pursuant to Section 120582 of the Health and Safety Code and label the drug without the name of an individual for whom the drug is intended if the prescription includes the words “expedited partner therapy” or the letters “EPT.” (2) A pharmacist who prescribes, dispenses, furnishes, or otherwise renders EPT, as authorized in subdivision (f), shall not be liable in, and shall not be subject to, a civil, criminal, or administrative action, sanction, or penalty for rendering EPT, if the use of EPT is in compliance with this section, except in cases of intentional misconduct, gross negligence, or wanton or reckless activity. (3) A pharmacist who provides EPT under this section shall provide written notification that describes the right of an individual who receives EPT to consult with a pharmacist about the medication dispensed and additional information regarding possible drug interactions. (g) (1) Notwithstanding subdivision (a) or any other law, a pharmacist may, at their discretion, dispense brand name or generic mifepristone or any drug used for medication abortion without the name of the patient as required in paragraph (3) of subdivision (a), the name of the prescriber as required in paragraph (4) of subdivision (a), or the name and address of the pharmacy as required in paragraph (6) of subdivision (a) if the prescription is labeled with a prescription number or other means of identifying the prescription. (2) A pharmacist who dispenses, furnishes, or otherwise renders brand name or generic mifepristone or any drug used for medication abortion, as authorized in paragraph (1), shall maintain a log with the prescription numbers and the information required in paragraphs (1) to (10), inclusive, of subdivision (a). (3) Notwithstanding Section 4081, all records maintained under paragraph (2) shall not be open to inspection by law enforcement without a valid, court-issued subpoena. (4) This subdivision does not prohibit the investigation of an activity that is punishable as a crime under the laws of this state, provided that records maintained under paragraph (2) are not shared with an individual or entity from another state. (5) A pharmacist shall inform the patient that the pharmacist is dispensing brand name or generic mifepristone or any drug used for medication abortion as authorized by this subdivision. (Amended by Stats. 2025, Ch. 196, Sec. 26.5. (AB 1503) Effective January 1, 2026.)
  193. 4076.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 4. Requirements for Prescriptions [4070 - 4079] ( Article 4 added by Stats. 1996, Ch. 890, Sec. 3. )

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    The board must adopt regulations for a standardized, patient-centered prescription drug label and may exempt certain prescriptions under specified conditions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 4. Requirements for Prescriptions [4070 - 4079] ( Article 4 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4076.5. (a) The board shall promulgate regulations that require, on or before January 1, 2011, a standardized, patient-centered, prescription drug label on all prescription medicine dispensed to patients in California. (b) To ensure maximum public comment, the board shall hold public meetings statewide that are separate from its normally scheduled hearings in order to seek information from groups representing consumers, seniors, pharmacists or the practice of pharmacy, other health care professionals, and other interested parties. (c) When developing the requirements for prescription drug labels, the board shall consider all of the following factors: (1) Medical literacy research that points to increased understandability of labels. (2) Improved directions for use. (3) Improved font types and sizes. (4) Placement of information that is patient-centered. (5) The needs of patients with limited English proficiency. (6) The needs of senior citizens. (7) Technology requirements necessary to implement the standards. (d) The board may exempt from the requirements of regulations promulgated pursuant to subdivision (a) prescriptions dispensed to a patient in a health facility, as defined in Section 1250 of the Health and Safety Code, if the prescriptions are administered by a licensed health care professional. Prescriptions dispensed to a patient in a health facility that will not be administered by a licensed health care professional or that are provided to the patient upon discharge from the facility shall be subject to the requirements of this section and the regulations promulgated pursuant to subdivision (a). Nothing in this subdivision shall alter or diminish existing statutory and regulatory informed consent, patients’ rights, or pharmaceutical labeling and storage requirements, including, but not limited to, the requirements of Section 1418.9 of the Health and Safety Code or Section 72357, 72527, or 72528 of Title 22 of the California Code of Regulations. (e) (1) The board may exempt from the requirements of regulations promulgated pursuant to subdivision (a) a prescription dispensed to a patient if all of the following apply: (A) The drugs are dispensed by a JCAHO-accredited home infusion or specialty pharmacy. (B) The patient receives health-professional-directed education prior to the beginning of therapy by a nurse or pharmacist. (C) The patient receives weekly or more frequent followup contacts by a nurse or pharmacist. (D) Care is provided under a formal plan of care based upon a physician and surgeon’s orders. (2) For purposes of paragraph (1), home infusion and specialty therapies include parenteral therapy or other forms of administration that require regular laboratory and patient monitoring. (Amended by Stats. 2012, Ch. 728, Sec. 9. (SB 71) Effective January 1, 2013.)
  194. 4076.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 4. Requirements for Prescriptions [4070 - 4079] ( Article 4 added by Stats. 1996, Ch. 890, Sec. 3. )

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    A dispenser must provide translated directions for use when a patient or representative asks, and must ensure the English directions are accurate.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 4. Requirements for Prescriptions [4070 - 4079] ( Article 4 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4076.6. (a) Upon the request of a patient or patient’s representative, a dispenser shall provide translated directions for use, which shall be printed on the prescription container, label, or on a supplemental document. If translated directions for use appear on a prescription container or label, the English-language version of the directions for use shall also appear on the container or label, whenever possible, and may appear on other areas of the label outside the patient-centered area. When it is not possible for the English-language directions for use to appear on the container or label, it shall be provided on a supplemental document. (b) A dispenser may use translations made available by the board pursuant to subdivision (b) of Section 1707.5 of Title 16 of the California Code of Regulations to comply with this section. (c) A dispenser shall provide translated directions for use in the languages the board has made available, but shall not be required to provide translated directions for use beyond the languages that the board has made available or beyond the directions that the board has made available in translated form. (d) A dispenser may provide their own translated directions for use to comply with the requirements of this section, and nothing in this section shall be construed to prohibit a dispenser from providing translated directions for use in languages beyond those that the board has made available or beyond the directions that the board has made available in translated form. (e) A dispenser shall be responsible for the accuracy of the English-language directions for use provided to the patient. This section shall not affect a dispenser’s existing responsibility to correctly label a prescription pursuant to Section 4076. (f) This section does not include prescriptions issued by a veterinarian. (Amended by Stats. 2024, Ch. 330, Sec. 1. (AB 1902) Effective January 1, 2025.)
  195. 4076.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 4. Requirements for Prescriptions [4070 - 4079] ( Article 4 added by Stats. 1996, Ch. 890, Sec. 3. )

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    When an opioid prescription drug is dispensed for outpatient use, the pharmacy or practitioner must attach a prominent warning label or notification.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 4. Requirements for Prescriptions [4070 - 4079] ( Article 4 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4076.7. In addition to the requirements of Sections 4076 and 4076.5, whenever a prescription drug containing an opioid is dispensed to a patient for outpatient use, the pharmacy or practitioner dispensing the drug shall prominently display on the label or container, by means of a flag or other notification mechanism attached to the container, a notice that states “Caution: Opioid. Risk of overdose and addiction.” (Added by Stats. 2018, Ch. 693, Sec. 11. (SB 1109) Effective January 1, 2019.)
  196. 4076.8.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 4. Requirements for Prescriptions [4070 - 4079] ( Article 4 added by Stats. 1996, Ch. 890, Sec. 3. )

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    Pharmacies must provide accessible prescription labels to blind, low-vision, or otherwise print-disabled people who ask for them, and must give a supplemental document if the label cannot fit on the container.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 4. Requirements for Prescriptions [4070 - 4079] ( Article 4 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4076.8. (a) If a person informs a pharmacy that the person identifies as a person who is blind, has low-vision, or is otherwise print disabled, the dispenser shall provide to the person or their authorized representative, at no additional cost, an accessible prescription label affixed to the container that is all of the following: (1) Available to the person in a timely manner comparable to other patient wait times and lasting for at least the duration of the prescription. (2) Appropriate to the disability and language of the person making the request through use of audible, large print, Braille, or translated directions as required pursuant to Section 4076.6. (3) Conforms to the format-specific best practices established by the United States Access Board and the National Standards for Culturally and Linguistically Appropriate Services (CLAS) in Health and Health Care, also referred to as the National CLAS Standards. (b) A dispenser shall ensure that the prescription label is compatible with the prescription reader if a reader is provided. (c) If the accessible prescription label cannot be affixed to the container because it does not fit on the container, the dispenser, upon dispensing the prescription drug, shall provide the patient or their authorized representative with a supplemental document that meets the requirements specified in this section. (d) This section does not apply to prescription drugs dispensed and administered by an institutional pharmacy, correctional institution, or licensed correctional pharmacy. However, this section does apply to an institutional pharmacy when providing prescription drugs to a person with a disability for use by the individual upon their release from the health care facility. (e) This section does not include prescriptions issued by a veterinarian. (f) The board shall promulgate regulations necessary to implement this section. (g) As used in this section: (1) “Institutional pharmacy” means a pharmacy that is part of, or is operated in conjunction with, a health care facility, as defined in Section 1250 of the Health and Safety Code, with the exception of a licensed correctional pharmacy. (2) “Prescription reader” means a device that is designed to audibly convey the information contained on the label of a prescription drug. (Added by Stats. 2024, Ch. 330, Sec. 2. (AB 1902) Effective January 1, 2025.)
  197. 4077.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 4. Requirements for Prescriptions [4070 - 4079] ( Article 4 added by Stats. 1996, Ch. 890, Sec. 3. )

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    This section limits how dangerous drugs and certain DMSO products may be dispensed and labeled, and creates an exemption for some devices in specified facilities.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 4. Requirements for Prescriptions [4070 - 4079] ( Article 4 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4077. (a) Except as provided in subdivisions (b) and (c), no person shall dispense any dangerous drug upon prescription except in a container correctly labeled with the information required by Section 4076. (b) Physicians, dentists, podiatrists, and veterinarians may personally furnish any dangerous drug prescribed by them to the patient for whom prescribed, provided that the drug is properly labeled to show all information required in Section 4076 except the prescription number. (c) Devices that bear the legend “Caution: federal law restricts this device to sale by or on the order of a _____,” or words of similar meaning, are exempt from the requirements of Section 4076, and Section 111480 of the Health and Safety Code, when provided to patients in skilled nursing facilities or intermediate care facilities licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code. (d) The following notification shall be affixed to all quantities of dimethyl sulfoxide (DMSO) prescribed by a physician, or dispensed by a pharmacy pursuant to the order of a physician in California: “Warning: DMSO may be hazardous to your health. Follow the directions of the physician who prescribed the DMSO for you.” (e) The label of any retail package of DMSO shall include appropriate precautionary measures for proper handling and first aid treatment and a warning statement to keep the product out of reach of children. (Amended by Stats. 1997, Ch. 549, Sec. 51. Effective January 1, 1998.)
  198. 4078.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 4. Requirements for Prescriptions [4070 - 4079] ( Article 4 added by Stats. 1996, Ch. 890, Sec. 3. )

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    This section generally forbids false or misleading prescription labels, but allows false drug information in specified FDA/investigational or medical-judgment situations, and requires recordkeeping for three years.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 4. Requirements for Prescriptions [4070 - 4079] ( Article 4 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4078. (a) (1) No person shall place a false or misleading label on a prescription. (2) No prescriber shall direct that a prescription be labeled with any information that is false or misleading. (b) Notwithstanding subdivision (a), a person may label a prescription, or a prescriber may direct that a prescription be labeled, with information about the drug that is false under either of the following circumstances: (1) If the labeling is a necessary part of a clinical or investigational drug program approved by the federal Food and Drug Administration or a legitimate investigational drug project involving a drug previously approved by the federal Food and Drug Administration. (2) If, in the medical judgment of the prescriber, the labeling is appropriate for the proper treatment of the patient. (c) The furnisher of a prescription labeled pursuant to subdivision (b) shall make, and retain for three years from the date of making, a record stating the manner in which the information on the prescription label varies from the actual drug in the container and documenting the order of the prescriber to so label the container. The prescriber shall make, and retain for at least three years, a record of his or her order to so label the container. (Amended by Stats. 1999, Ch. 655, Sec. 48. Effective January 1, 2000.)
  199. 4079.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 4. Requirements for Prescriptions [4070 - 4079] ( Article 4 added by Stats. 1996, Ch. 890, Sec. 3. )

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    Pharmacies must tell customers at sale whether the retail price is lower than the cost-sharing amount, unless the lower price is already charged automatically.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 4. Requirements for Prescriptions [4070 - 4079] ( Article 4 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4079. (a) A pharmacy shall inform a customer at the point of sale for a covered prescription drug whether the retail price is lower than the applicable cost-sharing amount for the prescription drug, unless the pharmacy automatically charges the customer the lower price. (b) If the customer pays the retail price, the pharmacy shall submit the claim to the health care service plan or health insurer in the same manner as if the customer had purchased the prescription drug by paying the cost-sharing amount when submitted by the network pharmacy. (c) The payment rendered shall constitute the applicable cost sharing and shall apply to the deductible, if any, and also to the maximum out-of-pocket limit in the same manner as if the enrollee had purchased the prescription drug by paying the cost-sharing amount. (d) A contract provision that is inconsistent with this section is void and unenforceable. (e) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (f) A violation of this provision shall not be grounds for disciplinary action or a criminal action. (g) This section shall become operative on January 1, 2020. (Repealed (in Sec. 1) and added by Stats. 2019, Ch. 114, Sec. 2. (AB 1803) Effective July 12, 2019. Section operative January 1, 2020, by its own provisions.)
  200. 4080.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 5. Authority of Inspectors [4080 - 4086] ( Article 5 added by Stats. 1996, Ch. 890, Sec. 3. )

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    Stock of dangerous drugs or dangerous devices, and shipments through a customs broker or carrier, must be open to inspection by authorized officers during business hours.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 9. Pharmacy [4000 - 4427.8] ( Chapter 9 repealed and added by Stats. 1996, Ch. 890, Sec. 3. ) ## ARTICLE 5. Authority of Inspectors [4080 - 4086] ( Article 5 added by Stats. 1996, Ch. 890, Sec. 3. ) ## 4080. All stock of any dangerous drug or dangerous device or of shipments through a customs broker or carrier shall be, at all times during business hours, open to inspection by authorized officers of the law. (Amended by Stats. 1997, Ch. 549, Sec. 53. Effective January 1, 1998.)

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