California CodesBusiness and Professions Code - BPCDivision 2 — Healing ArtsChapter 9 — PharmacyArticle 7.7 — Outsourcing FacilitiesSection 4129

(a) A facility registered as an outsourcing facility with the federal Food and Drug Administration (FDA) shall be concurrently licensed with the board as an outsourcing facility if it compounds sterile medication or nonsterile medication for nonpatient-specific distribution within or into California.

(b) A facility premises licensed with the board as a sterile compounding pharmacy shall not be concurrently licensed with the board as an outsourcing facility at the same location.

(c) The board may adopt regulations in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) to establish policies, guidelines, and procedures to implement this article.

(d) The board shall review any formal requirements or guidance documents developed by the FDA regarding outsourcing facilities within 90 days after their release in order to determine whether revisions are necessary for any regulations promulgated by the board.

(e) An outsourcing facility licensed by the board dispensing patient-specific compounded preparations pursuant to a prescription for an individual patient shall not be required to be licensed as a pharmacy, but shall otherwise comply with the same requirements of a pharmacy.

Notes

Requires an FDA-registered outsourcing facility compounding sterile or nonsterile medication for nonpatient-specific distribution within or into California to hold a board outsourcing license, but bars that license at premises already licensed as a sterile compounding pharmacy. The board must review new FDA requirements or guidance within 90 days; patient-specific dispensing needs no pharmacy license but remains subject to pharmacy requirements.

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Lexinter.net | California Code, Business and Professions Code - BPC § 4129 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-2/chapter-9/article-7-7/section-4129

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