§ 4040. — 4040. (Amended by Stats. 2025, Ch. 196, Sec. 9.)

California § 4040.

• Jurisdiction: California
• Code BPC: Business and Professions Code - BPC
• Div. 2.: DIVISION 2. HEALING ARTS
• Ch. 9.: CHAPTER 9. Pharmacy
• Art. 2.: ARTICLE 2. Definitions

Text

(a)
“Prescription” means an oral, written, or electronic transmission order that is both of the following:
(1)
Given individually for the person or persons for whom ordered that includes all of the following:
(A)
The name or names and address of the patient or patients.
(B)
The name and quantity of the drug or device prescribed and the directions for use.
(C)
The date of issue.
(D)
Either rubber stamped, typed, or printed by hand or typeset, the
name, address, and telephone number of the prescriber, the
prescriber’s license classification, and the prescriber’s federal registry number, if a controlled substance is prescribed.
(E)
A legible, clear notice of the condition or purpose for which the drug is being prescribed, if requested by the patient or patients.
(F)
If in writing, signed by the prescriber issuing the order, or the certified nurse-midwife, nurse practitioner, physician assistant, or naturopathic doctor who issues a drug order pursuant to Section 2746.51, 2836.1, 3502.1, or 3640.5, respectively, or the pharmacist who issues a drug order pursuant to Section 4052, 4052.1, 4052.2, or 4052.6.
(2)
Issued by a physician, dentist, optometrist, doctor of podiatric medicine, veterinarian, nurse practitioner
practicing pursuant to Section 2837.103 or 2837.104, or naturopathic doctor pursuant to Section 3640.7 or, if a drug order is issued pursuant to Section 2746.51, 2836.1, 3502.1, or 3460.5, by a certified nurse-midwife, nurse practitioner, physician assistant, or naturopathic doctor licensed in this state, or pursuant to Section 4052, 4052.1, 4052.2, or 4052.6 by a pharmacist licensed in this state.
(b)
Notwithstanding subdivision (a), a written order of the prescriber for a dangerous drug, except for any Schedule II controlled substance, that contains at least the name and signature of the prescriber, the name and address of the patient in a manner consistent with paragraph (2) of subdivision (a) of Section 11164 of the Health and Safety Code, the name and quantity of the drug prescribed, directions for use, and the date of issue may be
treated as a prescription by the dispensing pharmacist as long as any additional information required by subdivision (a) is readily retrievable in the pharmacy. In the event of a conflict between this subdivision and Section 11164 of the Health and Safety Code, Section 11164 of the Health and Safety Code shall prevail.
(c)
“Electronic transmission prescription” includes both image and data prescriptions. “Electronic image transmission prescription” means any prescription order for which a facsimile of the order is received by a pharmacy from a licensed prescriber. “Electronic data transmission prescription” means any prescription order, other than an electronic image transmission prescription, that is electronically transmitted from a licensed prescriber to a pharmacy.
(d)
The use of commonly used abbreviations shall not invalidate an otherwise valid prescription.

Legislative History

Amended by Stats. 2025, Ch. 196, Sec. 9. (AB 1503) Effective January 1, 2026.