§ 4133. — 4133. (Added by Stats. 2017, Ch. 548, Sec. 7.)

California § 4133.

• Jurisdiction: California
• Code BPC: Business and Professions Code - BPC
• Div. 2.: DIVISION 2. HEALING ARTS
• Ch. 9.: CHAPTER 9. Pharmacy
• Art. 8.: ARTICLE 8. Telepharmacy Systems and Remote Dispensing Site Pharmacies

Text

(a)
A telepharmacy system shall maintain a video and audio communication system that provides for effective communication between the supervising pharmacy and the remote dispensing site pharmacy’s personnel and patients.
(b)
A telepharmacy system shall facilitate adequate pharmacist supervision and allow the appropriate exchange of visual, verbal, and written communications for patient counseling and other matters involved in the lawful dispensing of drugs.
(c)
Patient counseling shall be provided using audio-visual communication prior to all prescriptions being dispensed from a remote dispensing site
pharmacy.
(d)
A telepharmacy system shall be able to do all of the following:
(1)
Identify and record the pharmacy technician preparing each prescription and the supervising pharmacist who reviewed and authorized the dispensing of the prescription.
(2)
Require a pharmacist to review and compare the electronic image of any new prescription presented at the remote dispensing site pharmacy with the data entry record of the prescription.
(3)
Require the pharmacy technician to use barcode technology to verify the accuracy of the drug to be dispensed.
(4)
Require remote visual confirmation by a pharmacist at the
supervising pharmacy of the drug stock bottle and the drug to be dispensed prior to dispensing.
(5)
Ensure that a prescription is not sold or delivered to a patient prior to a pharmacist performing final verification of the accuracy of the prescription and releasing the prescription for sale and delivery.
(e)
The video and audio communication system used to counsel and interact with each patient or patient’s caregiver shall be secure and compliant with the federal Health Insurance Portability and Accountability Act (Public Law 104-191).
(f)
All records of prescriptions dispensed including the records of the actions performed through the telepharmacy system shall be maintained at the remote dispensing
site pharmacy and shall be maintained for three years after the filling of the prescription.

Legislative History

Added by Stats. 2017, Ch. 548, Sec. 7. (AB 401) Effective January 1, 2018.