California CodesBusiness and Professions Code - BPCDivision 2 — Healing ArtsChapter 9 — PharmacyArticle 3 — Scope of Practice and ExemptionsSection 4064
(a) A prescription for a dangerous drug or dangerous device may be refilled without the prescriber’s authorization if the prescriber is unavailable to authorize the refill and if, in the pharmacist’s professional judgment, failure to refill the prescription might interrupt the patient’s ongoing care and have a significant adverse effect on the patient’s well-being.
(b) The pharmacist shall inform the patient that the prescription was refilled pursuant to this section.
(c) The pharmacist shall inform the prescriber within a reasonable period of time of any refills dispensed pursuant to this section.
(d) The prescriber shall not incur any liability as the result of a refilling of a prescription pursuant to this section.
(e) Notwithstanding Section 4060 or any other law, a person may possess a dangerous drug or dangerous device furnished without prescription pursuant to this section.
Notes
Allows a pharmacist to refill a dangerous drug or device without prescriber authorization when the prescriber is unavailable and, in the pharmacist's professional judgment, interruption could significantly harm the patient's well-being. The pharmacist must tell the patient and notify the prescriber within a reasonable time; the prescriber incurs no liability, and possession of the furnished product is lawful.
Use as reference
Lexinter.net | California Code, Business and Professions Code - BPC § 4064 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-2/chapter-9/article-3/section-4064