Cal. Bus. & Prof. Code § 4052

Current through the 2024 Legislative Session.
Section 4052 - Authority of pharmacist
(a) Notwithstanding any other law, a pharmacist may do all of the following:
(1) Furnish a reasonable quantity of compounded drug product to a prescriber for office use by the prescriber.
(2) Transmit a valid prescription to another pharmacist.
(3) Administer drugs and biological products that have been ordered by a prescriber.
(4) Perform procedures or functions in a licensed health care facility as authorized by Section 4052.1.
(5) Perform procedures or functions as part of the care provided by a health care facility, a licensed home health agency, a licensed clinic in which there is physician oversight, a provider who contracts with a licensed health care service plan with regard to the care or services provided to the enrollees of that health care service plan, or a physician, as authorized by Section 4052.2.
(6) Perform procedures or functions as authorized by Section 4052.6.
(7) Manufacture, measure, fit to the patient, or sell and repair dangerous devices, or furnish instructions to the patient or the patient's representative concerning the use of those devices.
(8) Provide consultation, training, and education to patients about drug therapy, disease management, and disease prevention.
(9) Provide professional information, including clinical or pharmacological information, advice, or consultation to other health care professionals, and participate in multidisciplinary review of patient progress, including appropriate access to medical records.
(10) Furnish the medications described in subparagraph (A) in accordance with subparagraph (B):
(A)
(i) Emergency contraception drug therapy and self-administered hormonal contraceptives, as authorized by Section 4052.3.
(ii) Nicotine replacement products, as authorized by Section 4052.9.
(iii) Prescription medications not requiring a diagnosis that are recommended by the federal Centers for Disease Control and Prevention for individuals traveling outside of the United States.
(iv) HIV preexposure prophylaxis, as authorized by Section 4052.02.
(v) HIV postexposure prophylaxis, as authorized by Section 4052.03.
(B) The pharmacist shall notify the patient's primary care provider of any drugs or devices furnished to the patient, or enter the appropriate information in a patient record system shared with the primary care provider, as permitted by that primary care provider. If the patient does not have a primary care provider, the pharmacist shall provide the patient with a written record of the drugs or devices furnished and advise the patient to consult a physician of the patient's choice.
(11) Administer immunizations pursuant to a protocol with a prescriber.
(12) Order and interpret tests for the purpose of monitoring and managing the efficacy and toxicity of drug therapies. A pharmacist who orders and interprets tests pursuant to this paragraph shall ensure that the ordering of those tests is done in coordination with the patient's primary care provider or diagnosing prescriber, as appropriate, including promptly transmitting written notification to the patient's diagnosing prescriber or entering the appropriate information in a patient record system shared with the prescriber, when available and as permitted by that prescriber.
(13) Initiate, adjust, or discontinue drug therapy for a patient under a collaborative practice agreement with any health care provider with prescriptive authority. The collaborative practice agreement may be between a single or multiple pharmacists and a single or multiple health care providers with prescriptive authority.
(14) Provide medication-assisted treatment pursuant to a state protocol, to the extent authorized by federal law.
(b) A pharmacist who is authorized to issue an order to initiate or adjust a controlled substance therapy pursuant to this section shall personally register with the federal Drug Enforcement Administration.
(c) This section does not affect the applicable requirements of law relating to either of the following:
(1) Maintaining the confidentiality of medical records.
(2) The licensing of a health care facility.

Ca. Bus. and Prof. Code § 4052

Amended by Stats 2021 ch 629 (AB 1533),s 11, eff. 1/1/2022.
Amended by Stats 2019 ch 532 (SB 159),s 1, eff. 1/1/2020.
Amended by Stats 2013 ch 469 (SB 493),s 6, eff. 1/1/2014.
Amended by Stats 2006 ch 777 (AB 2408),s 3, eff. 1/1/2007.
Amended by Stats 2006 ch 538 (SB 1852),s 8, eff. 1/1/2007.
Amended by Stats 2004 ch 191 (AB 2660), s 2, eff. 1/1/2005.
Amended by Stats 2003 ch 651 (SB 490), s 1, eff. 1/1/2004.
Amended by Stats 2003 ch 652 (SB 545), s 3.5, eff. 1/1/2004.
Amended by Stats 2002 ch 664 (AB 3034), s 8, eff. 1/1/2003.
Amended by Stats 2001 ch 900 (SB 1169), s 2, eff. 1/1/2002.
Previously Amended September 15, 1999 (Bill Number: AB 261) (Chapter 375).
Amended July 12, 1999 (Bill Number: SB 966) (Chapter 83).
Amended by Stats 2004 ch 183 (AB 3082), s 6, eff. 1/1/2005.
See Stats 2003 ch 651 (SB 490), s 2.
See Stats 2003 ch 652 (SB 545), s 4.
See Stats 2001 ch 900 (SB 1169), s 3.