Section 1709.1 - [Operative 4/1/2025] Designation of Pharmacist-In-Charge(a) The pharmacist-in-charge (PIC) of a pharmacy shall be employed at that location and shall have responsibility for the daily operation of the pharmacy. Prior to approval of the board, and as part of the application and notice process set forth in Section 1709 of this Division ("application"), a pharmacy shall submit its proposed PIC. The PIC shall have completed the board-provided Pharmacist-in-Charge Overview and Responsibility training course, available on the board's website, within two years prior to the date of application. The PIC shall complete an attestation statement in compliance with this section. For purposes of this section, a completed attestation statement shall include all of the following: name of the proposed pharmacist-in-charge, the individual's license number, a statement that they have read Sections 4036.5, 4081, 4113, and 4330 of the Business and Professions Code and this section, a statement identifying the date that the proposed PIC took the board's training course, and a declaration signed under penalty of perjury of the laws of the State of California that the information provided by the individual is true and correct. The board-provided Pharmacist-in-Charge Overview and Responsibility training course shall be approximately 1 hour and shall cover: (1) Legal requirements of the role of a PIC(2) Legal prohibitions for a pharmacy owner to subvert the PIC(3) Legal requirements/Overview of the self-assessment process(4) How to prepare for an inspection(5) Top violations that result in a Cite and Fine(b) The pharmacy owner shall vest the pharmacist-in-charge with adequate authority to assure compliance with the laws governing the operation of a pharmacy.(c) No pharmacist shall be the pharmacist-in-charge of more than two pharmacies. If a pharmacist serves as pharmacist-in-charge at two pharmacies, those pharmacies shall not be separated by a driving distance of more than 50 miles.(d) No pharmacist shall be the pharmacist-in-charge of a pharmacy while concurrently serving as the designated representative-in-charge for a wholesaler or a veterinary food-animal drug retailer.(e) Notwithstanding subdivision (a), a pharmacy may designate any pharmacist who is an employee, officer or administrator of the pharmacy or the entity which owns the pharmacy and who is actively involved in the management of the pharmacy on a daily basis as the pharmacist-in-charge for a period not to exceed 120 days. The interim PIC shall have completed the board-provided Pharmacist-in-Charge Overview and Responsibility training course, identified in subdivision (a) within two years prior to the date of application. The interim PIC shall complete the attestation statement as identified in subdivision (a). The pharmacy, or the entity which owns the pharmacy, shall be prepared during normal business hours to provide a representative of the board with documentation of the involvement of a pharmacist-in-charge designated pursuant to this subdivision with the pharmacy and efforts to obtain and designate a permanent pharmacist-in-charge.(f) A pharmacist may refuse to act as a pharmacist-in-charge at a second pharmacy if the pharmacist determines, in the exercise of his or her professional judgment, that assuming responsibility for a second pharmacy would interfere with the effective performance of the pharmacist's responsibilities under the Pharmacy Law. A pharmacist who refuses to become pharmacist-in-charge at a second pharmacy shall notify the pharmacy owner in writing of his or her determination, specifying the circumstances of concern that have led to that determination.(g) A person employing a pharmacist may not discharge, discipline, or otherwise discriminate against any pharmacist in the terms and conditions of employment for exercising or attempting to exercise in good faith the right established pursuant to this section.Cal. Code Regs. Tit. 16, § 1709.1
Note: Authority cited: Section 4005, Business and Professions Code. Reference: Sections 4036.5, 4081, 4113, 4305 and 4330, Business and Professions Code.
Note: Authority cited: Section 4005, Business and Professions Code. Reference: Sections 4081, 4113, 4305 and 4330, Business and Professions Code.
1. New section filed 2-5-91; operative 3-7-91 (Register 91, No. 11).
2. Amendment of second paragraph filed 12-11-92; operative 1-11-93 (Register 92, No. 50).
3. Amendment of section and Note filed 5-29-97; operative 6-28-97 (Register 97, No. 22).
4. Amendment of section heading, section and Note filed 9-2-2004; operative 10-2-2004 (Register 2004, No. 36).
5. Change without regulatory effect amending subsection (d) filed 12-18-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 51).
6. Amendment of subsection (a), new subsections (a)(1)-(5), amendment of subsection (e) and NOTE filed 12-23-2024; operative 4/1/2025 (Register 2024, No. 52).