| 1 | 1 | | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 3026Introduced by Assembly Member DixonFebruary 16, 2024 An act to amend Section 4062 of the Business and Professions Code, relating to healing arts.LEGISLATIVE COUNSEL'S DIGESTAB 3026, as introduced, Dixon. Pharmacy.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. The Pharmacy Law authorizes the board, during a declared federal, state, or local emergency, to waive application of any provision of the Pharmacy Law or the regulations adopted pursuant to it, if, in the boards opinion, the waiver will aid in the protection of public health or the provision of patient care. Existing law authorizes the board to elect to continue to waive application of any provision of the Pharmacy Law for up to 90 days following the termination of a declared public emergency if, in the boards opinion, the continued waiver will aid in the protection of public health or the provision of patient care.This bill would, instead authorize the board to elect to continue to waive application of any provision of the Pharmacy Law, in increments of 60 days, following the termination of a declared emergency, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 4062 of the Business and Professions Code is amended to read:4062. (a) Notwithstanding Section 4059 or any other law, a pharmacist or a clinic licensed and acting under Section 4180 may, in good faith, furnish a dangerous drug or dangerous device in reasonable quantities without a prescription during a federal, state, or local emergency, to further the health and safety of the public. A record containing the date, name, and address of the person to whom the drug or device is furnished, and the name, strength, and quantity of the drug or device furnished shall be maintained. The pharmacist or clinic shall communicate this information to the patients attending physician as soon as possible. Notwithstanding Section 4060 or any other law, a person may possess a dangerous drug or dangerous device furnished without prescription pursuant to this section.(b) During a declared federal, state, or local emergency, the board may waive application of any provisions of this chapter or the regulations adopted pursuant to it if, in the boards opinion, the waiver will aid in the protection of public health or the provision of patient care.(c) During a declared federal, state, or local emergency, the board shall allow for the employment of a mobile pharmacy or clinic in impacted areas in order to ensure the continuity of patient care, if all of the following conditions are met:(1) The mobile pharmacy or clinic shares common ownership with at least one currently licensed pharmacy or clinic in good standing.(2) The mobile pharmacy or clinic retains records of dispensing, as required by subdivision (a).(3) A licensed pharmacist, or, in the case of a clinic, a professional director, is on the premises and the mobile pharmacy is under the control and management of a pharmacist, or, in the case of a clinic, a professional director, while the drugs are being dispensed.(4) Reasonable security measures are taken to safeguard the drug supply maintained in the mobile pharmacy or clinic.(5) The mobile pharmacy or clinic is located within the declared emergency area or affected areas.(6) The mobile pharmacy or clinic ceases the provision of services within 48 hours following the termination of the declared emergency.(d) Notwithstanding any other law, the board may elect to continue to waive application of any provision of this chapter for up to 90 days chapter, in increments of 60 days, following the termination of the declared emergency if, in the boards opinion, the continued waiver will aid in the protection of the public health or in the provision of patient care.(e) (1) A pharmacy that is destroyed or severely damaged as a result of a natural disaster or due to events that led to a declared federal, state, or local emergency, may be relocated. The relocation shall not be considered a transfer of ownership or location under Section 4110, if no changes are made to the management and control, or ownership, of the pharmacy and all applicable laws and regulations are followed. Notification of the relocation shall be provided to the board immediately upon identification of the new location.(2) For purposes of this section, severely damaged means damage that renders the premises unsafe or unfit for entry or occupation. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 3026Introduced by Assembly Member DixonFebruary 16, 2024 An act to amend Section 4062 of the Business and Professions Code, relating to healing arts.LEGISLATIVE COUNSEL'S DIGESTAB 3026, as introduced, Dixon. Pharmacy.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. The Pharmacy Law authorizes the board, during a declared federal, state, or local emergency, to waive application of any provision of the Pharmacy Law or the regulations adopted pursuant to it, if, in the boards opinion, the waiver will aid in the protection of public health or the provision of patient care. Existing law authorizes the board to elect to continue to waive application of any provision of the Pharmacy Law for up to 90 days following the termination of a declared public emergency if, in the boards opinion, the continued waiver will aid in the protection of public health or the provision of patient care.This bill would, instead authorize the board to elect to continue to waive application of any provision of the Pharmacy Law, in increments of 60 days, following the termination of a declared emergency, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION |
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| 11 | 11 | | Assembly Bill |
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| 13 | 13 | | No. 3026 |
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| 15 | 15 | | Introduced by Assembly Member DixonFebruary 16, 2024 |
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| 17 | 17 | | Introduced by Assembly Member Dixon |
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| 18 | 18 | | February 16, 2024 |
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| 20 | 20 | | An act to amend Section 4062 of the Business and Professions Code, relating to healing arts. |
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| 21 | 21 | | |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 23 | 23 | | |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 25 | 25 | | |
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| 26 | 26 | | AB 3026, as introduced, Dixon. Pharmacy. |
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| 27 | 27 | | |
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| 28 | 28 | | 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. The Pharmacy Law authorizes the board, during a declared federal, state, or local emergency, to waive application of any provision of the Pharmacy Law or the regulations adopted pursuant to it, if, in the boards opinion, the waiver will aid in the protection of public health or the provision of patient care. Existing law authorizes the board to elect to continue to waive application of any provision of the Pharmacy Law for up to 90 days following the termination of a declared public emergency if, in the boards opinion, the continued waiver will aid in the protection of public health or the provision of patient care.This bill would, instead authorize the board to elect to continue to waive application of any provision of the Pharmacy Law, in increments of 60 days, following the termination of a declared emergency, as specified. |
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| 30 | 30 | | 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. The Pharmacy Law authorizes the board, during a declared federal, state, or local emergency, to waive application of any provision of the Pharmacy Law or the regulations adopted pursuant to it, if, in the boards opinion, the waiver will aid in the protection of public health or the provision of patient care. Existing law authorizes the board to elect to continue to waive application of any provision of the Pharmacy Law for up to 90 days following the termination of a declared public emergency if, in the boards opinion, the continued waiver will aid in the protection of public health or the provision of patient care. |
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| 32 | 32 | | This bill would, instead authorize the board to elect to continue to waive application of any provision of the Pharmacy Law, in increments of 60 days, following the termination of a declared emergency, as specified. |
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| 33 | 33 | | |
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| 34 | 34 | | ## Digest Key |
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| 35 | 35 | | |
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| 36 | 36 | | ## Bill Text |
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| 38 | 38 | | The people of the State of California do enact as follows:SECTION 1. Section 4062 of the Business and Professions Code is amended to read:4062. (a) Notwithstanding Section 4059 or any other law, a pharmacist or a clinic licensed and acting under Section 4180 may, in good faith, furnish a dangerous drug or dangerous device in reasonable quantities without a prescription during a federal, state, or local emergency, to further the health and safety of the public. A record containing the date, name, and address of the person to whom the drug or device is furnished, and the name, strength, and quantity of the drug or device furnished shall be maintained. The pharmacist or clinic shall communicate this information to the patients attending physician as soon as possible. Notwithstanding Section 4060 or any other law, a person may possess a dangerous drug or dangerous device furnished without prescription pursuant to this section.(b) During a declared federal, state, or local emergency, the board may waive application of any provisions of this chapter or the regulations adopted pursuant to it if, in the boards opinion, the waiver will aid in the protection of public health or the provision of patient care.(c) During a declared federal, state, or local emergency, the board shall allow for the employment of a mobile pharmacy or clinic in impacted areas in order to ensure the continuity of patient care, if all of the following conditions are met:(1) The mobile pharmacy or clinic shares common ownership with at least one currently licensed pharmacy or clinic in good standing.(2) The mobile pharmacy or clinic retains records of dispensing, as required by subdivision (a).(3) A licensed pharmacist, or, in the case of a clinic, a professional director, is on the premises and the mobile pharmacy is under the control and management of a pharmacist, or, in the case of a clinic, a professional director, while the drugs are being dispensed.(4) Reasonable security measures are taken to safeguard the drug supply maintained in the mobile pharmacy or clinic.(5) The mobile pharmacy or clinic is located within the declared emergency area or affected areas.(6) The mobile pharmacy or clinic ceases the provision of services within 48 hours following the termination of the declared emergency.(d) Notwithstanding any other law, the board may elect to continue to waive application of any provision of this chapter for up to 90 days chapter, in increments of 60 days, following the termination of the declared emergency if, in the boards opinion, the continued waiver will aid in the protection of the public health or in the provision of patient care.(e) (1) A pharmacy that is destroyed or severely damaged as a result of a natural disaster or due to events that led to a declared federal, state, or local emergency, may be relocated. The relocation shall not be considered a transfer of ownership or location under Section 4110, if no changes are made to the management and control, or ownership, of the pharmacy and all applicable laws and regulations are followed. Notification of the relocation shall be provided to the board immediately upon identification of the new location.(2) For purposes of this section, severely damaged means damage that renders the premises unsafe or unfit for entry or occupation. |
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| 40 | 40 | | The people of the State of California do enact as follows: |
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| 42 | 42 | | ## The people of the State of California do enact as follows: |
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| 44 | 44 | | SECTION 1. Section 4062 of the Business and Professions Code is amended to read:4062. (a) Notwithstanding Section 4059 or any other law, a pharmacist or a clinic licensed and acting under Section 4180 may, in good faith, furnish a dangerous drug or dangerous device in reasonable quantities without a prescription during a federal, state, or local emergency, to further the health and safety of the public. A record containing the date, name, and address of the person to whom the drug or device is furnished, and the name, strength, and quantity of the drug or device furnished shall be maintained. The pharmacist or clinic shall communicate this information to the patients attending physician as soon as possible. Notwithstanding Section 4060 or any other law, a person may possess a dangerous drug or dangerous device furnished without prescription pursuant to this section.(b) During a declared federal, state, or local emergency, the board may waive application of any provisions of this chapter or the regulations adopted pursuant to it if, in the boards opinion, the waiver will aid in the protection of public health or the provision of patient care.(c) During a declared federal, state, or local emergency, the board shall allow for the employment of a mobile pharmacy or clinic in impacted areas in order to ensure the continuity of patient care, if all of the following conditions are met:(1) The mobile pharmacy or clinic shares common ownership with at least one currently licensed pharmacy or clinic in good standing.(2) The mobile pharmacy or clinic retains records of dispensing, as required by subdivision (a).(3) A licensed pharmacist, or, in the case of a clinic, a professional director, is on the premises and the mobile pharmacy is under the control and management of a pharmacist, or, in the case of a clinic, a professional director, while the drugs are being dispensed.(4) Reasonable security measures are taken to safeguard the drug supply maintained in the mobile pharmacy or clinic.(5) The mobile pharmacy or clinic is located within the declared emergency area or affected areas.(6) The mobile pharmacy or clinic ceases the provision of services within 48 hours following the termination of the declared emergency.(d) Notwithstanding any other law, the board may elect to continue to waive application of any provision of this chapter for up to 90 days chapter, in increments of 60 days, following the termination of the declared emergency if, in the boards opinion, the continued waiver will aid in the protection of the public health or in the provision of patient care.(e) (1) A pharmacy that is destroyed or severely damaged as a result of a natural disaster or due to events that led to a declared federal, state, or local emergency, may be relocated. The relocation shall not be considered a transfer of ownership or location under Section 4110, if no changes are made to the management and control, or ownership, of the pharmacy and all applicable laws and regulations are followed. Notification of the relocation shall be provided to the board immediately upon identification of the new location.(2) For purposes of this section, severely damaged means damage that renders the premises unsafe or unfit for entry or occupation. |
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| 46 | 46 | | SECTION 1. Section 4062 of the Business and Professions Code is amended to read: |
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| 47 | 47 | | |
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| 48 | 48 | | ### SECTION 1. |
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| 50 | 50 | | 4062. (a) Notwithstanding Section 4059 or any other law, a pharmacist or a clinic licensed and acting under Section 4180 may, in good faith, furnish a dangerous drug or dangerous device in reasonable quantities without a prescription during a federal, state, or local emergency, to further the health and safety of the public. A record containing the date, name, and address of the person to whom the drug or device is furnished, and the name, strength, and quantity of the drug or device furnished shall be maintained. The pharmacist or clinic shall communicate this information to the patients attending physician as soon as possible. Notwithstanding Section 4060 or any other law, a person may possess a dangerous drug or dangerous device furnished without prescription pursuant to this section.(b) During a declared federal, state, or local emergency, the board may waive application of any provisions of this chapter or the regulations adopted pursuant to it if, in the boards opinion, the waiver will aid in the protection of public health or the provision of patient care.(c) During a declared federal, state, or local emergency, the board shall allow for the employment of a mobile pharmacy or clinic in impacted areas in order to ensure the continuity of patient care, if all of the following conditions are met:(1) The mobile pharmacy or clinic shares common ownership with at least one currently licensed pharmacy or clinic in good standing.(2) The mobile pharmacy or clinic retains records of dispensing, as required by subdivision (a).(3) A licensed pharmacist, or, in the case of a clinic, a professional director, is on the premises and the mobile pharmacy is under the control and management of a pharmacist, or, in the case of a clinic, a professional director, while the drugs are being dispensed.(4) Reasonable security measures are taken to safeguard the drug supply maintained in the mobile pharmacy or clinic.(5) The mobile pharmacy or clinic is located within the declared emergency area or affected areas.(6) The mobile pharmacy or clinic ceases the provision of services within 48 hours following the termination of the declared emergency.(d) Notwithstanding any other law, the board may elect to continue to waive application of any provision of this chapter for up to 90 days chapter, in increments of 60 days, following the termination of the declared emergency if, in the boards opinion, the continued waiver will aid in the protection of the public health or in the provision of patient care.(e) (1) A pharmacy that is destroyed or severely damaged as a result of a natural disaster or due to events that led to a declared federal, state, or local emergency, may be relocated. The relocation shall not be considered a transfer of ownership or location under Section 4110, if no changes are made to the management and control, or ownership, of the pharmacy and all applicable laws and regulations are followed. Notification of the relocation shall be provided to the board immediately upon identification of the new location.(2) For purposes of this section, severely damaged means damage that renders the premises unsafe or unfit for entry or occupation. |
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| 52 | 52 | | 4062. (a) Notwithstanding Section 4059 or any other law, a pharmacist or a clinic licensed and acting under Section 4180 may, in good faith, furnish a dangerous drug or dangerous device in reasonable quantities without a prescription during a federal, state, or local emergency, to further the health and safety of the public. A record containing the date, name, and address of the person to whom the drug or device is furnished, and the name, strength, and quantity of the drug or device furnished shall be maintained. The pharmacist or clinic shall communicate this information to the patients attending physician as soon as possible. Notwithstanding Section 4060 or any other law, a person may possess a dangerous drug or dangerous device furnished without prescription pursuant to this section.(b) During a declared federal, state, or local emergency, the board may waive application of any provisions of this chapter or the regulations adopted pursuant to it if, in the boards opinion, the waiver will aid in the protection of public health or the provision of patient care.(c) During a declared federal, state, or local emergency, the board shall allow for the employment of a mobile pharmacy or clinic in impacted areas in order to ensure the continuity of patient care, if all of the following conditions are met:(1) The mobile pharmacy or clinic shares common ownership with at least one currently licensed pharmacy or clinic in good standing.(2) The mobile pharmacy or clinic retains records of dispensing, as required by subdivision (a).(3) A licensed pharmacist, or, in the case of a clinic, a professional director, is on the premises and the mobile pharmacy is under the control and management of a pharmacist, or, in the case of a clinic, a professional director, while the drugs are being dispensed.(4) Reasonable security measures are taken to safeguard the drug supply maintained in the mobile pharmacy or clinic.(5) The mobile pharmacy or clinic is located within the declared emergency area or affected areas.(6) The mobile pharmacy or clinic ceases the provision of services within 48 hours following the termination of the declared emergency.(d) Notwithstanding any other law, the board may elect to continue to waive application of any provision of this chapter for up to 90 days chapter, in increments of 60 days, following the termination of the declared emergency if, in the boards opinion, the continued waiver will aid in the protection of the public health or in the provision of patient care.(e) (1) A pharmacy that is destroyed or severely damaged as a result of a natural disaster or due to events that led to a declared federal, state, or local emergency, may be relocated. The relocation shall not be considered a transfer of ownership or location under Section 4110, if no changes are made to the management and control, or ownership, of the pharmacy and all applicable laws and regulations are followed. Notification of the relocation shall be provided to the board immediately upon identification of the new location.(2) For purposes of this section, severely damaged means damage that renders the premises unsafe or unfit for entry or occupation. |
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| 54 | 54 | | 4062. (a) Notwithstanding Section 4059 or any other law, a pharmacist or a clinic licensed and acting under Section 4180 may, in good faith, furnish a dangerous drug or dangerous device in reasonable quantities without a prescription during a federal, state, or local emergency, to further the health and safety of the public. A record containing the date, name, and address of the person to whom the drug or device is furnished, and the name, strength, and quantity of the drug or device furnished shall be maintained. The pharmacist or clinic shall communicate this information to the patients attending physician as soon as possible. Notwithstanding Section 4060 or any other law, a person may possess a dangerous drug or dangerous device furnished without prescription pursuant to this section.(b) During a declared federal, state, or local emergency, the board may waive application of any provisions of this chapter or the regulations adopted pursuant to it if, in the boards opinion, the waiver will aid in the protection of public health or the provision of patient care.(c) During a declared federal, state, or local emergency, the board shall allow for the employment of a mobile pharmacy or clinic in impacted areas in order to ensure the continuity of patient care, if all of the following conditions are met:(1) The mobile pharmacy or clinic shares common ownership with at least one currently licensed pharmacy or clinic in good standing.(2) The mobile pharmacy or clinic retains records of dispensing, as required by subdivision (a).(3) A licensed pharmacist, or, in the case of a clinic, a professional director, is on the premises and the mobile pharmacy is under the control and management of a pharmacist, or, in the case of a clinic, a professional director, while the drugs are being dispensed.(4) Reasonable security measures are taken to safeguard the drug supply maintained in the mobile pharmacy or clinic.(5) The mobile pharmacy or clinic is located within the declared emergency area or affected areas.(6) The mobile pharmacy or clinic ceases the provision of services within 48 hours following the termination of the declared emergency.(d) Notwithstanding any other law, the board may elect to continue to waive application of any provision of this chapter for up to 90 days chapter, in increments of 60 days, following the termination of the declared emergency if, in the boards opinion, the continued waiver will aid in the protection of the public health or in the provision of patient care.(e) (1) A pharmacy that is destroyed or severely damaged as a result of a natural disaster or due to events that led to a declared federal, state, or local emergency, may be relocated. The relocation shall not be considered a transfer of ownership or location under Section 4110, if no changes are made to the management and control, or ownership, of the pharmacy and all applicable laws and regulations are followed. Notification of the relocation shall be provided to the board immediately upon identification of the new location.(2) For purposes of this section, severely damaged means damage that renders the premises unsafe or unfit for entry or occupation. |
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| 58 | 58 | | 4062. (a) Notwithstanding Section 4059 or any other law, a pharmacist or a clinic licensed and acting under Section 4180 may, in good faith, furnish a dangerous drug or dangerous device in reasonable quantities without a prescription during a federal, state, or local emergency, to further the health and safety of the public. A record containing the date, name, and address of the person to whom the drug or device is furnished, and the name, strength, and quantity of the drug or device furnished shall be maintained. The pharmacist or clinic shall communicate this information to the patients attending physician as soon as possible. Notwithstanding Section 4060 or any other law, a person may possess a dangerous drug or dangerous device furnished without prescription pursuant to this section. |
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| 59 | 59 | | |
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| 60 | 60 | | (b) During a declared federal, state, or local emergency, the board may waive application of any provisions of this chapter or the regulations adopted pursuant to it if, in the boards opinion, the waiver will aid in the protection of public health or the provision of patient care. |
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| 62 | 62 | | (c) During a declared federal, state, or local emergency, the board shall allow for the employment of a mobile pharmacy or clinic in impacted areas in order to ensure the continuity of patient care, if all of the following conditions are met: |
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| 64 | 64 | | (1) The mobile pharmacy or clinic shares common ownership with at least one currently licensed pharmacy or clinic in good standing. |
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| 65 | 65 | | |
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| 66 | 66 | | (2) The mobile pharmacy or clinic retains records of dispensing, as required by subdivision (a). |
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| 67 | 67 | | |
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| 68 | 68 | | (3) A licensed pharmacist, or, in the case of a clinic, a professional director, is on the premises and the mobile pharmacy is under the control and management of a pharmacist, or, in the case of a clinic, a professional director, while the drugs are being dispensed. |
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| 70 | 70 | | (4) Reasonable security measures are taken to safeguard the drug supply maintained in the mobile pharmacy or clinic. |
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| 72 | 72 | | (5) The mobile pharmacy or clinic is located within the declared emergency area or affected areas. |
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| 74 | 74 | | (6) The mobile pharmacy or clinic ceases the provision of services within 48 hours following the termination of the declared emergency. |
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| 76 | 76 | | (d) Notwithstanding any other law, the board may elect to continue to waive application of any provision of this chapter for up to 90 days chapter, in increments of 60 days, following the termination of the declared emergency if, in the boards opinion, the continued waiver will aid in the protection of the public health or in the provision of patient care. |
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| 78 | 78 | | (e) (1) A pharmacy that is destroyed or severely damaged as a result of a natural disaster or due to events that led to a declared federal, state, or local emergency, may be relocated. The relocation shall not be considered a transfer of ownership or location under Section 4110, if no changes are made to the management and control, or ownership, of the pharmacy and all applicable laws and regulations are followed. Notification of the relocation shall be provided to the board immediately upon identification of the new location. |
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| 80 | 80 | | (2) For purposes of this section, severely damaged means damage that renders the premises unsafe or unfit for entry or occupation. |
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