Cal. Code Regs. tit. 15 § 3999.384

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Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 3999.384 - Handling of Confiscated Medications

(a) Medication found in the possession of a patient which meets the criteria below shall be confiscated:

(1) Prescription medications found outside of an approved container.

(2) Medication where the prescription is past the "stop date" on the label.

(3) A mixture of medications in any labeled or unlabeled container.

(4) Prescription medications which are not prescribed to the patient.

(5) Unauthorized medications from an outside source.

(6) Over-the-counter medications which are not in consumer-ready packaging or otherwise properly labeled by pharmacy.

(7) Any medications which are expired or adulterated.

(8) Medications not used as prescribed, including, but not limited to:

(A) Medications passed to other patients or incarcerated persons.

(B) Alterations of an inhaler or other medication container.

(C) Hoarded.

(D) Crushed or altered.

(b) Approved medication containers shall bear a California Department of Corrections and Rehabilitation (CDCR) pharmacy label which lists:

(1) Patient name.

(2) CDCR number.

(3) Name of the medication as well as strength, dosing instructions, and quantity supplied.

(4) "Stop date" of the medication order.

(c) Nursing staff may return confiscated medications to the patient if all of the following criteria are met:

(1) The medication was found in an approved container as referenced in subsection (b).

(2) The contents of the container were verified by a pharmacist to be accurate according to the label on the container.

(3) There is an active order in the patient's health record for the medication.

(4) There is no evidence of hoarding.

Cal. Code Regs. Tit. 15, § 3999.384

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; Section 4076, Business and Professions Code; and Plata v. Newsom (No. C01-1351 JST), U.S. District Court, Northern District of California.

1. New section filed 7-1-2019 as an emergency; operative 7/1/2019 (Register 2019, No. 27). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-9-2019 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-5-2019 as an emergency; operative 12/10/2019 (Register 2019, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-9-2020 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 3-9-2020 as an emergency; operative 3/10/2020 (Register 2020, No. 11). A Certificate of Compliance must be transmitted to OAL by 6-8-2020 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-9-2020 order transmitted to OAL 6-8-2020 and filed 7/20/2020 (Register 2020, No. 30).
5. Change without regulatory effect amending subsection (a)(8)(A) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).