No person shall dispense, dangerous drugs or dangerous devices on the Internet to any person in California without prescription based on an examination, if the dispenser either knew or reasonably should have known that the prescription was not issued pursuant to a good faith prior examination of a human or animal, or if the person or entity did not act in accordance with Section 1761 of Title 16 of the California Code of Regulations.
(b) A pharmacy receiving an electronic transmission prescription shall not be required to reduce that prescription to writing or to hard copy form if, for three years from the last date of furnishing pursuant to that prescription or order, the pharmacy is able, upon request by the board, to immediately produce a hard copy report that includes for each date of dispensing of a dangerous drug or dangerous device pursuant to that prescription or order: (1) all of the information described in subparagraphs (A) to (E), inclusive, of paragraph (1) of subdivision (a) of Section 4040, and (2) the name
If only recorded and stored electronically, on magnetic media, or in any other computerized form, the pharmacy's computer system shall not permit the received information or the dangerous drug or dangerous device dispensing information required by this section to be changed, obliterated, destroyed, or disposed of, for the records maintenance period required by law once the information has been received by the pharmacy and once the dangerous drug or dangerous device has been dispensed.
A pharmacist is authorized to perform the various listed functions. Pharmacist must register with federal DEA if authorized to prescribe controlled substances. This code section does not alter existing law regarding confidentiality of medical records or licensing of health care facilities.
A pharmacist may perform various procedures if in accordance with certain policies, including a requirement that patient medical records be available to the treating prescriber and pharmacist (among other things). The treating prescriber may prohibit changes to order by pharmacist.
A pharmacist may perform a skin puncture during routine patient assessment or any other authorized procedure. A pharmacist that performs such procedures must report the results of a test to the patient and the physician designated by the patient.
A pharmacist may refill a prescription for a dangerous drug without the prescriber's authorization if the prescriber is unavailable, if in his professional judgment the pharmacist believes that a failure to refill the prescription would interrupt the patient's care and have an adverse impact on the patient's well-being. The pharmacist shall inform the patient and the prescriber that the prescription was refilled pursuant to this section.
