§ 4184. — 4184. (Amended by Stats. 2024, Ch. 634, Sec. 1.)

California § 4184.

• Jurisdiction: California
• Code BPC: Business and Professions Code - BPC
• Div. 2.: DIVISION 2. HEALING ARTS
• Ch. 9.: CHAPTER 9. Pharmacy
• Art. 13.: ARTICLE 13. Nonprofit or Free Clinics

Text

(a)
Except as described in subdivision (b), a Schedule II controlled substance shall not be dispensed by the clinic. This limitation does not prohibit a physician dispensing a Schedule II drug to the extent permitted by law.
(b)
A practitioner authorized to prescribe a narcotic drug at a clinic registered with the board pursuant to this chapter and with any necessary federal agencies may dispense that narcotic drug from clinic supply for the purpose of relieving acute withdrawal symptoms when necessary while arrangements are being made for referral for treatment consistent with Section 1306.07(b) of Title 21 of the Code of Federal Regulations.
(c)
A narcotic drug that is dispensed from a clinic’s supply pursuant to subdivision (b) is subject to the requirements of subdivision (d) of Section 11165 of the Health and Safety Code, the labeling requirements imposed upon pharmacists by Section 4076, the recordkeeping requirements of this chapter, and all of the packaging requirements of good pharmaceutical practice, including, but not limited to, the use of childproof containers.
(d)
A clinic with a supply of narcotic drugs that is being dispensed pursuant to subdivision (b) shall establish policies or procedures for dispensing, including, but not limited to, all of the following:
(1)
Assessment of the patient’s ability to safely manage and self-administer a
narcotic drug for the purposes of treating withdrawal.
(2)
Assessment of the patient’s appropriateness for medications for opioid use disorder.
(3)
Connecting patients to ongoing treatment for opioid use disorder.
(4)
Limiting dispensing to patients who return for repeated withdrawal medication to ensure treatment is not renewed or extended.
(e)
The dispensing of a narcotic drug shall be performed only by a physician, a pharmacist, or other person lawfully authorized to dispense drugs, and only in compliance with all applicable laws and regulations.
(f)
It is the intent of the
Legislature that a clinic from which narcotic drugs are dispensed operate under appropriate registration and licensing and prioritize safe and secure storage, including any inventory reconciliation methodology, consistent with regulations, to prevent loss or diversion of controlled substances.

Legislative History

Amended by Stats. 2024, Ch. 634, Sec. 1. (AB 2115) Effective September 27, 2024.