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BPC Sec. 4066 et seq.
4066. (a) Notwithstanding Section 4059, a wholesaler or pharmacy
may furnish dangerous drugs to the master or first officer of an
ocean vessel, pursuant to a written prescription. The requisition
shall be on the vessel's official stationery, signed by the vessel's
first officer. The drugs shall be maintained on board the vessel and
dispensed from medicine chests, first aid packets, or dispensaries,
pursuant to standardized procedures established by a registered
(b) Dangerous drugs shall be furnished in a sealed container to
the vessel's first officer, on proper identification, or delivered
aboard the vessel.
(c) Wholesalers or pharmacies engaging in the activities
authorized by this section shall give notice to the board within 30
days of undertaking the activity.
(d) Distribution of controlled substances shall be in accordance
with federal requirements contained in Section 1301.28 of Title 21 of
the Code of Federal Regulations.
4067. (a) No person or entity shall dispense or furnish, or cause
to be dispensed or furnished, dangerous drugs or dangerous devices,
as defined in Section 4022, on the Internet for delivery to any
person in this state without a prescription issued pursuant to a good
faith prior examination of a human or animal for whom the
prescription is meant if the person or entity either knew or
reasonably should have known that the prescription was not issued
pursuant to a good faith prior examination of a human or animal, or
if the person or entity did not act in accordance with Section 1761
of Title 16 of the California Code of Regulations.
(b) Notwithstanding any other provision of law, a violation of
this section may subject the person or entity that has committed the
violation to either a fine of up to twenty-five thousand dollars
($25,000) per occurrence pursuant to a citation issued by the board
or a civil penalty of twenty-five thousand dollars ($25,000) per
(c) The Attorney General may bring an action to enforce this
section and to collect the fines or civil penalties authorized by
(d) For notifications made on and after January 1, 2002, the
Franchise Tax Board, upon notification by the Attorney General or the
board of a final judgment in an action brought under this section,
shall subtract the amount of the fine or awarded civil penalties from
any tax refunds or lottery winnings due to the person who is a
defendant in the action using the offset authority under Section
12419.5 of the Government Code, as delegated by the Controller, and
the processes as established by the Franchise Tax Board for this
purpose. That amount shall be forwarded to the board for deposit in
the Pharmacy Board Contingent Fund.
(e) Nothing in this section shall be construed to permit the
unlicensed practice of pharmacy, or to limit the authority of the
board to enforce any other provision of this chapter.
(f) For the purposes of this section, "good faith prior
examination" includes the requirements for a physician and surgeon in
Section 2242 and the requirements for a veterinarian in Section
2032.1 of Title 16 of the California Code of Regulations.
4068. (a) Notwithstanding any provision of this chapter, a
prescriber may dispense a dangerous drug, including a controlled
substance, to an emergency room patient if all of the following
(1) The hospital pharmacy is closed and there is no pharmacist
available in the hospital.
(2) The dangerous drug is acquired by the hospital pharmacy.
(3) The dispensing information is recorded and provided to the
pharmacy when the pharmacy reopens.
(4) The hospital pharmacy retains the dispensing information and,
if the drug is a schedule II or schedule III controlled substance,
reports the dispensing information to the Department of Justice
pursuant to Section 11165 of the Health and Safety Code.
(5) The prescriber determines that it is in the best interest of
the patient that a particular drug regimen be immediately commenced
or continued, and the prescriber reasonably believes that a pharmacy
located outside the hospital is not available and accessible at the
time of dispensing to the patient.
(6) The quantity of drugs dispensed to any patient pursuant to
this section are limited to that amount necessary to maintain
uninterrupted therapy during the period when pharmacy services
outside the hospital are not readily available or accessible, but
shall not exceed a 72-hour supply.
(7) The prescriber shall ensure that the label on the drug
contains all the information required by Section 4076.
(b) The prescriber shall be responsible for any error or omission
related to the drugs dispensed.