California CodesBusiness and Professions Code - BPCDivision 2 — Healing ArtsChapter 9 — PharmacyArticle 1 — AdministrationSection 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.

Notes

Allows the board to adopt lawful regulations needed to protect the public and administer pharmacy practice, sanitation, licensed establishments, equipment, mechanical dispensing, and pharmacist experience. It may also permit emergency dispensing and qualifying out-of-state prescriptions after a pharmacist interviews the patient for authenticity; all rulemaking must follow the specified Administrative Procedure Act process.

Use as reference

Lexinter.net | California Code, Business and Professions Code - BPC § 4005 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-2/chapter-9/article-1/section-4005

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