SB872:v96#DOCUMENTBill Start
Senate Bill
No. 872
CHAPTER 220
An act to add Section 4110.5 to the Business and Professions Code, relating to pharmacy.
[
Approved by
Governor
August 29, 2022.
Filed with
Secretary of State
August 29, 2022.
]
LEGISLATIVE COUNSEL'S DIGEST
SB 872, Dodd.
Pharmacies: mobile units.
Existing law, the Pharmacy Law, requires the California State Board of Pharmacy within the Department of Consumer Affairs to license and regulate the practice of pharmacy, including pharmacists, pharmacy technicians, and pharmacies. Existing law prohibits a person from conducting a pharmacy unless they have obtained an annual license from the board, for each pharmacy owned or operated by a specific person. Existing law requires a separate license for each of the premises of any person operating a pharmacy in more than one location. Existing law authorizes the board to allow the temporary use of a mobile pharmacy when a pharmacy is destroyed or damaged, the mobile pharmacy is necessary to protect the health and safety of the public, and prescribed conditions are met. Existing law makes a knowing violation of its provisions a crime.
This bill
would authorize a county, city and county, or special hospital authority, as defined, to operate a mobile unit as an extension of a pharmacy license held by the county, city and county, or special hospital authority to provide prescription medication within its jurisdiction to specified individuals, including those individuals without fixed addresses. The bill would authorize a mobile unit to dispense prescription medication pursuant to a valid prescription if the
county, city and county, or special hospital authority meets prescribed requirements for licensure, staffing, and operations.
Digest Key
Vote:
MAJORITY
Appropriation:
NO
Fiscal Committee:
YES
Local Program:
NO
Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 4110.5 is added to the Business and Professions Code, to read:4110.5.
Notwithstanding any other provision of this article, a county, city and county, or special hospital authority described in Chapter 5 (commencing with Section 101850) or Chapter 5.5 (commencing with Section 101852) of Part 4 of Division 101 of the Health and Safety Code may operate a mobile unit to provide prescription medication within its jurisdiction to those individuals without
fixed addresses, individuals living in county-owned or city-and-county-owned housing facilities, and those enrolled in Medi-Cal plans operated by the county or a city and county, a health district, or a joint powers authority pursuant to Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code. The mobile unit shall be operated as an extension of a pharmacy license held by the county, city and county, or special hospital authority. The mobile unit may dispense prescription medication pursuant to a valid prescription, including a prescription of a physician who practices in the mobile unit, if the
county, city and county, or special hospital authority meets all of the following requirements:(a) A licensed pharmacist is on the premises and the
mobile unit is under the control and management of a pharmacist while prescription medications are being dispensed.
(b) All activities of the pharmacist, including the furnishing of medication by the pharmacist, are consistent with Article 3 (commencing with Section 4050).
(c) If a physician is practicing in the mobile unit, all prescribing by the physician meets the requirements of the Medical Practice Act (Chapter 5 (commencing with Section 2000)).
(d) The mobile unit does not carry or dispense controlled substances.
(e) Dangerous drugs shall not be left in the mobile unit during the hours that the mobile unit is not in operation.
(f) At least 30 days prior to commencing operation of a mobile unit, a county, city and county, or special hospital authority shall notify the board of its intention to operate a mobile unit. Notice shall also be given to the board at least 30 days prior to discontinuing operation of a mobile unit.