California CodesBusiness and Professions Code - BPCDivision 2 — Healing ArtsChapter 9 — PharmacyArticle 20 — Prohibitions and OffensesSection 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.

Notes

Requires pharmacy prescriptions and specified records to remain available for inspection on licensed premises for at least three years, or in a board-licensed facility for three years after closure. Willful noncompliance is a misdemeanor fined up to $200, then $200 to $400 for later offenses; the board may grant a written off-premises waiver, and compliant waiver users avoid those penalties.

Use as reference

Lexinter.net | California Code, Business and Professions Code - BPC § 4333 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-2/chapter-9/article-20/section-4333

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