(a)Except as otherwise provided in paragraph (2), or in subdivision (b), (d), or (e), the board shall not issue or renew a license to conduct a pharmacy to any of the following:
(1)A person or persons authorized to prescribe or write a prescription, as specified in Section 4040, in the State of California.
(2)
(A)Except as provided in subparagraph (B), a person or persons with whom a person or persons specified in paragraph (1) shares a community or other financial interest in the license sought.
(B)Subparagraph (A) shall not preclude the issuance of a new or
renewal license to conduct a pharmacy if both of the following conditions are met:
(i)Both the person or persons specified in paragraph (1) and the person seeking the license provide statements that the person or persons sp
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(a)
Except as otherwise provided in paragraph (2), or in subdivision (b), (d), or (e), the board shall not issue or renew a license to conduct a pharmacy to any of the following:
(1)
A person or persons authorized to prescribe or write a prescription, as specified in Section 4040, in the State of California.
(2)
(A)
Except as provided in subparagraph (B), a person or persons with whom a person or persons specified in paragraph (1) shares a community or other financial interest in the license sought.
(B)
Subparagraph (A) shall not preclude the issuance of a new or
renewal license to conduct a pharmacy if both of the following conditions are met:
(i)
Both the person or persons specified in paragraph (1) and the person seeking the license provide statements that the person or persons specified in paragraph (1) disavow any community or financial interest in the license.
(ii)
Any interest in the license that is shared community property, as defined in Section 65 of the Family Code, of a person specified in paragraph (1) and the person seeking the license is transmuted into the separate property of the person seeking the license.
(C)
A pharmacy that is granted a license pursuant to the exception in subparagraph (B) shall not fill any prescriptions, emergency or otherwise, issued or
prescribed by either of the following persons:
(i)
A person specified in paragraph (1) who shares a community or other financial interest with the licensee.
(ii)
A prescriber at the same place of business as a person specified in clause (i) if the prescriber owns an interest greater than 10 percent in the practice issuing the prescription.
(3)
Any corporation that is controlled by, or in which 10 percent or more of the stock is owned by a person or persons prohibited from pharmacy ownership by paragraph (1) or (2).
(b)
Subdivision (a) shall not preclude the issuance of a permit for an inpatient hospital pharmacy to the owner of the hospital in which it is
located.
(c)
The board may require any information the board deems is reasonably necessary for the enforcement of this section.
(d)
Subdivision (a) shall not preclude the issuance of a new or renewal license for a pharmacy to be owned or owned and operated by a person licensed on or before August 1, 1981, under the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code) and qualified on or before August 1, 1981, under subsection (d) of Section 1310 of Title XIII of the federal Public Health Service Act, as amended, whose ownership includes persons defined pursuant to paragraphs (1) and (2) of subdivision (a).
(e)
(1)
Subdivision (a) shall not preclude the issuance of a new or renewal license for a pharmacy to be owned or owned and operated by a pharmacist.
(2)
If the board issues a license pursuant to paragraph (1), the pharmacist owning or owning and operating the pharmacy shall do both of the following when issuing a drug order pursuant to Section 4052, 4052.1, 4052.2, or 4052.6:
(A)
Offer to provide a prescription to the patient that the patient may elect to have filled by a pharmacy of the patient’s choice unless prohibited by the collaborative practice agreement.
(B)
Provide a full patient consultation before issuing the drug order.