SECTIONS 4100-4107 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 4100-4107

4100. (a) Within 30 days after changing his or her address of
record with the board or after changing his or her name according to
law, a pharmacist, intern pharmacist, technician, or designated
representative shall notify the executive officer of the board of the
change of address or change of name.
(b) This section shall become operative on January 1, 2006.

4101. (a) A pharmacist may take charge of and act as the
pharmacist-in-charge of a pharmacy upon application by the pharmacy
and approval by the board. Any pharmacist-in-charge who ceases to act
as the pharmacist-in-charge of the pharmacy shall notify the board
in writing within 30 days of the date of that change in status.
(b) A designated representative or a pharmacist may take charge
of, and act as, the designated representative-in-charge of a
wholesaler or veterinary food-animal drug retailer upon application
by the wholesaler or veterinary food-animal drug retailer and
approval by the board. Any designated representative-in-charge who
ceases to act as the designated representative-in-charge at that
entity shall notify the board in writing within 30 days of the date
of that change in status.

4103. Notwithstanding Section 2038, or any other provision of law,
a pharmacist may take a person's blood pressure and may inform the
person of the results, render an opinion as to whether the reading is
within a high, low, or normal range, and may advise the person to
consult a physician of the person's choice. Pharmacists rendering
this service shall utilize commonly accepted community standards in
rendering opinions and referring patients to physicians. Enforcement
of this section is vested in the Board of Pharmacy of the State of
California. Any pharmacist who performs this service shall not be in
violation of Section 2052.

4104. (a) Every pharmacy shall have in place procedures for taking
action to protect the public when a licensed individual employed by
or with the pharmacy is discovered or known to be chemically,
mentally, or physically impaired to the extent it affects his or her
ability to practice the profession or occupation authorized by his or
her license, or is discovered or known to have engaged in the theft,
diversion, or self-use of dangerous drugs.
(b) Every pharmacy shall have written policies and procedures for
addressing chemical, mental, or physical impairment, as well as
theft, diversion, or self-use of dangerous drugs, among licensed
individuals employed by or with the pharmacy.
(c) Every pharmacy shall report to the board, within 30 days of
the receipt or development of the following information with regard
to any licensed individual employed by or with the pharmacy:
(1) Any admission by a licensed individual of chemical, mental, or
physical impairment affecting his or her ability to practice.
(2) Any admission by a licensed individual of theft, diversion, or
self-use of dangerous drugs.
(3) Any video or documentary evidence demonstrating chemical,
mental, or physical impairment of a licensed individual to the extent
it affects his or her ability to practice.
(4) Any video or documentary evidence demonstrating theft,
diversion, or self-use of dangerous drugs by a licensed individual.
(5) Any termination based on chemical, mental, or physical
impairment of a licensed individual to the extent it affects his or
her ability to practice.
(6) Any termination of a licensed individual based on theft,
diversion, or self-use of dangerous drugs.
(d) Anyone making a report authorized or required by this section
shall have immunity from any liability, civil or criminal, that might
otherwise arise from the making of the report. Any participant shall
have the same immunity with respect to participation in any
administrative or judicial proceeding resulting from the report.

4105. (a) All records or other documentation of the acquisition and
disposition of dangerous drugs and dangerous devices by any entity
licensed by the board shall be retained on the licensed premises in a
readily retrievable form.
(b) The licensee may remove the original records or documentation
from the licensed premises on a temporary basis for license-related
purposes. However, a duplicate set of those records or other
documentation shall be retained on the licensed premises.
(c) The records required by this section shall be retained on the
licensed premises for a period of three years from the date of
making.
(d) Any records that are maintained electronically shall be
maintained so that the pharmacist-in-charge, the pharmacist on duty
if the pharmacist-in-charge is not on duty, or, in the case of a
veterinary food-animal drug retailer or wholesaler, the designated
representative on duty, shall, at all times during which the licensed
premises are open for business, be able to produce a hard copy and
electronic copy of all records of acquisition or disposition or other
drug or dispensing-related records maintained electronically.
(e) (1) Notwithstanding subdivisions (a), (b), and (c), the board,
may upon written request, grant to a licensee a waiver of the
requirements that the records described in subdivisions (a), (b), and
(c) be kept on the licensed premises.
(2) A waiver granted pursuant to this subdivision shall not affect
the board's authority under this section or any other provision of
this chapter.
(f) This section shall become operative on January 1, 2006.

4106. 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.

4107. The board may not issue more than one site license to a
single premises except to issue a veterinary food-animal drug
retailer license to a wholesaler or to issue a license to compound
sterile injectable drugs to a pharmacy. For the purposes of this
subdivision, "premises" means a location with its own address and an
independent means of ingress and egress.