§ 4110. — 4110. (Amended by Stats. 2021, Ch. 629, Sec. 16.)

California § 4110.

• Jurisdiction: California
• Code BPC: Business and Professions Code - BPC
• Div. 2.: DIVISION 2. HEALING ARTS
• Ch. 9.: CHAPTER 9. Pharmacy
• Art. 7.: ARTICLE 7. Pharmacies

Text

(a)
No person shall conduct a pharmacy in the State of California unless they have obtained a license from the board. A license shall be required for each pharmacy owned or operated by a specific person. A separate license shall be required for each of the premises of any person operating a pharmacy in more than one location. The license shall be renewed annually. The license shall not be renewed unless the applicant includes necessary matters identified by the board in the renewal application, including, but not limited to, notification to the board regarding compounding practices, including compounded human drug preparations distributed outside of the state. The board may, by regulation, determine the circumstances under which a license may be transferred.
(b)
The
board may, at its discretion, issue a temporary permit upon the conditions and for any periods of time as the board determines to be in the public interest. A temporary permit fee shall be required in an amount established by the board as specified in subdivision (a) of Section 4400. When needed to protect public safety, a temporary permit may be issued for a period not to exceed 180 days, and may be issued subject to terms and conditions the board deems necessary. If the board determines a temporary permit was issued by mistake or denies the application for a permanent license or registration, the temporary license or registration shall terminate upon either personal service of the notice of termination upon the permitholder or service by certified mail, return receipt requested, at the permitholder’s address of record with the board, whichever comes first. Neither for purposes of retaining a temporary permit nor for purposes of any disciplinary or license denial proceeding before the board shall the
temporary permitholder be deemed to have a vested property right or interest in the permit.
(c)
The board may allow the temporary use of a mobile pharmacy when a pharmacy is destroyed or damaged, the mobile pharmacy is necessary to protect the health and safety of the public, and the following conditions are met:
(1)
The mobile pharmacy shall provide services only on or immediately contiguous to the site of the damaged or destroyed pharmacy.
(2)
The mobile pharmacy is under the control and management of the pharmacist-in-charge of the pharmacy that was destroyed or damaged.
(3)
A licensed pharmacist is on the premises while drugs are being dispensed.
(4)
Reasonable security measures are
taken to safeguard the drug supply maintained in the mobile pharmacy.
(5)
The pharmacy operating the mobile pharmacy provides the board with records of the destruction of, or damage to, the pharmacy and an expected restoration date.
(6)
Within three calendar days of restoration of the pharmacy services, the board is provided with notice of the restoration of the permanent pharmacy.
(7)
The mobile pharmacy is not operated for more than 48 hours following the restoration of the permanent pharmacy.

Legislative History

Amended by Stats. 2021, Ch. 629, Sec. 16. (AB 1533) Effective January 1, 2022.