SECTIONS 4320-4343 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 4320-4343

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

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

4322. Any person who attempts to secure or secures licensure for
himself or herself or any other person under this chapter by making
or causing to be made any false representations, or who fraudulently
represents himself or herself to be registered, is guilty of a
misdemeanor, and upon conviction thereof shall be punished by a fine
not exceeding five thousand dollars ($5,000), or by imprisonment not
exceeding 50 days, or by both that fine and imprisonment.

4323. Every person who, in order to obtain any drug, falsely
represents himself or herself to be a physician or other person who
can lawfully prescribe the drug, or falsely represents that he or she
is acting on behalf of a person who can lawfully prescribe the drug,
in a telephone or electronic communication with a pharmacist, shall
be punished by imprisonment in the county jail for not more than one
year.

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

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

4326. (a) Any person who obtains a hypodermic needle or hypodermic
syringe by a false or fraudulent representation or design or by a
forged or fictitious name, or contrary to, or in violation of, any of
the provisions of this chapter, is guilty of a misdemeanor.
(b) Any person who has obtained a hypodermic needle or hypodermic
syringe from any person to whom a permit has been issued as provided
in Article 9 (commencing with Section 4140) and who uses, or permits
or causes, directly or indirectly, the hypodermic needle or
hypodermic syringe to be used for any purpose other than that for
which it was obtained is guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine not exceeding one thousand
dollars ($1,000), or by imprisonment in a county jail not exceeding
one year, or both a fine and imprisonment.

4327. Any person who, while on duty, sells, dispenses or compounds
any drug while under the influence of any dangerous drug or alcoholic
beverages shall be guilty of a misdemeanor.

4328. Except as otherwise provided in this chapter, any person who
permits the compounding or dispensing of prescriptions, or the
furnishing of dangerous drugs in his or her pharmacy, except by a
pharmacist, is guilty of a misdemeanor.

4329. Any nonpharmacist who takes charge of or acts as supervisor,
manager, or pharmacist-in-charge of any pharmacy, or who compounds or
dispenses a prescription or furnishes dangerous drugs except as
otherwise provided in this chapter, is guilty of a misdemeanor.

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

4331. (a) A person who is neither a pharmacist nor a designated
representative and who takes charge of a wholesaler or veterinary
food-animal drug retailer or who dispenses a prescription or
furnishes dangerous devices except as otherwise provided in this
chapter is guilty of a misdemeanor.
(b) A person who has obtained a license to conduct a veterinary
food-animal drug retailer and who fails to place in charge of that
veterinary food-animal drug retailer a pharmacist or designated
representative, or any person who, by himself or herself, or by any
other person, permits the dispensing of prescriptions, except by a
pharmacist or designated representative, or as otherwise provided in
this chapter, is guilty of a misdemeanor.
(c) A person who has obtained a license to conduct a wholesaler
and who fails to place in charge of that wholesaler a pharmacist or
designated representative, or any person who, by himself or herself,
or by any other person, permits the furnishing of dangerous drugs or
dangerous devices, except by a pharmacist or designated
representative, or as otherwise provided in this chapter, is guilty
of a misdemeanor.
(d) This section shall become operative on January 1, 2006.

4332. Any person who fails, neglects, or refuses to maintain the
records required by Section 4081 or who, when called upon by an
authorized officer or a member of the board, fails, neglects, or
refuses to produce or provide the records within a reasonable time,
or who willfully produces or furnishes records that are false, is
guilty of a misdemeanor.

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

4335. Any person who knowingly violates subdivision (b) of Section
4312 is guilty of a misdemeanor.

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

4337. Except as otherwise specified, all fines collected for
violations of this chapter shall be paid as follows: one-half into
the State Treasury to the credit of the Contingent Fund of the Board
of Pharmacy of the State of California and one-half to the treasurer
of the jurisdiction in which the misdemeanor is prosecuted, to be
deposited in the same fund as fines for other misdemeanors occurring
in that jurisdiction are deposited.

4338. In addition to any fine assessed under Section 4321, the
judge may assess a fine not to exceed seventy dollars ($70) against
any person who violates Section 4140 or 4142, with the proceeds of
this fine to be used in accordance with Section 1463.23 of the Penal
Code. The court shall, however, take into consideration the defendant'
s ability to pay and no defendant shall be denied probation because
of his or her inability to pay the fine permitted under this section.

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

4340. It is unlawful for any nonresident pharmacy that is not
registered pursuant to Section 4112 or for any person who is a
resident of this state to advertise the pharmacy services of any
pharmacy, with the knowledge that the advertisement will or is likely
to induce members of the public in this state to use the pharmacy to
fill prescriptions.

4341. Notwithstanding any other provision of law, prescription
drugs or devices may be advertised if the advertisement conforms with
the requirements of Section 651.

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

4343. No building shall have upon it or displayed within it or
affixed to or used in connection with it a sign bearing the word or
words "Pharmacist," "Pharmacy," "Apothecary," "Drugstore," "Druggist,"
"Drugs," "Medicine," "Medicine Store," "Drug Sundries," "Remedies,"
or any word or words of similar or like import; or the characteristic
symbols of pharmacy; or the characteristic prescription sign (Rx) or
similar design, unless there is upon or within the building a
pharmacy holding a license issued by the board pursuant to Section
4110.