California CodesBusiness and Professions Code - BPCDivision 2 — Healing ArtsChapter 6 — NursingArticle 2 — Scope of RegulationSection 2725.1

(a) Notwithstanding any other provision of law, a registered nurse may dispense drugs or devices upon an order by a licensed physician and surgeon or an order by a certified nurse-midwife, nurse practitioner, or physician assistant issued pursuant to Section 2746.51, 2836.1, or 3502.1, respectively, if the registered nurse is functioning within a licensed primary care clinic as defined in subdivision (a) of Section 1204 of, or within a clinic as defined in subdivision (b), (c), (h), or (j) of Section 1206 of, the Health and Safety Code.

(b) No clinic shall employ a registered nurse to perform dispensing duties exclusively. No registered nurse shall dispense drugs in a pharmacy, keep a pharmacy, open shop, or drugstore for the retailing of drugs or poisons. No registered nurse shall compound drugs. Dispensing of drugs by a registered nurse, except a certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51 or a nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1, or protocol, shall not include substances included in the California Uniform Controlled Substances Act (Division 10 (commencing with Section 11000) of the Health and Safety Code). Nothing in this section shall exempt a clinic from the provisions of Article 13 (commencing with Section 4180) of Chapter 9.

(c) Nothing in this section shall be construed to limit any other authority granted to a certified nurse-midwife pursuant to Article 2.5 (commencing with Section 2746), to a nurse practitioner pursuant to Article 8 (commencing with Section 2834), or to a physician assistant pursuant to Chapter 7.7 (commencing with Section 3500).

(d) Nothing in this section shall be construed to affect the sites or types of health care facilities at which drugs or devices are authorized to be dispensed pursuant to Chapter 9 (commencing with Section 4000).

Notes

Allows a registered nurse in specified licensed clinics to dispense drugs or devices on authorized orders from listed practitioners. Prohibits clinics from employing nurses exclusively for dispensing and bars nurses from operating pharmacies, retailing drugs or poisons, or compounding drugs; controlled substances are excluded except for qualifying nurse-midwives or nurse practitioners, and other statutory dispensing authority remains unaffected.

Use as reference

Lexinter.net | California Code, Business and Professions Code - BPC § 2725.1 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-2/chapter-6/article-2/section-2725-1

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