2005 California Business and Professions Code Sections 4200-4209 Article 16. Applications

BUSINESS AND PROFESSIONS CODE
SECTION 4200-4209

4200.  (a) The board may license as a pharmacist any applicant who
meets all the following requirements:
   (1) Is at least 18 years of age.
   (2) (A) Has graduated from a college of pharmacy or department of
pharmacy of a university recognized by the board; or
   (B) If the applicant graduated from a foreign pharmacy school, the
foreign-educated applicant has been certified by the Foreign
Pharmacy Graduate Examination Committee.
   (3) Has completed at least 150 semester units of collegiate study
in the United States, or the equivalent thereof in a foreign country.
  No less than 90 of those semester units shall have been completed
while in resident attendance at a school or college of pharmacy.
   (4) Has earned at least a baccalaureate degree in a course of
study devoted to the practice of pharmacy.
   (5) Has completed 1,500 hours of pharmacy practice experience or
the equivalent in accordance with Section 4209.
   (6) Has passed a written and practical examination given by the
board prior to December 31, 2003, or has passed the North American
Pharmacist Licensure Examination and the Multi-State Pharmacy
Jurisprudence Examination for California on or after January 1, 2004.
   (b) Proof of the qualifications of an applicant for licensure as a
pharmacist, shall be made to the satisfaction of the board and shall
be substantiated by affidavits or other evidence as may be required
by the board.
   (c) Each person, upon application for licensure as a pharmacist
under this chapter, shall pay to the executive officer of the board,
the fees provided by this chapter.  The fees shall be compensation to
the board for investigation or examination of the applicant.
4200.1.  (a) Notwithstanding Section 135, an applicant may take the
North American Pharmacist Licensure Examination four times, and may
take the Multi-State Pharmacy Jurisprudence Examination for
California four times.
   (b) Notwithstanding Section 135, an applicant may take the North
American Pharmacist Licensure Examination and the Multi-State
Pharmacy Jurisprudence Examination for California four additional
times each if he or she successfully completes, at minimum, 16
additional semester units of education in pharmacy as approved by the
board.
   (c) The applicant shall comply with the requirements of Section
4200 for each application for reexamination made pursuant to
subdivision (b).
   (d) An applicant may use the same coursework to satisfy the
additional educational requirement for each examination under
subdivision (b), if the coursework was completed within 12 months of
the date of his or her application for reexamination.
   (e) For purposes of this section, the board shall treat each
failing score on the pharmacist licensure examination administered by
the board prior to January 1, 2004, as a failing score on both the
North American Pharmacist Licensure Examination and the Multi-State
Pharmacy Jurisprudence Examination for California.
   (f) From January 1, 2004, to July 1, 2006, inclusive, the board
shall collect data on the applicants who are admitted to, and take,
the licensure examinations required by Section 4200.  The board shall
report to the Joint Committee on Boards, Commissions, and Consumer
Protection before September 1, 2006, regarding the impact on those
applicants of the examination limitations imposed by this section.
The report shall include, but not be limited to, the following
information:
   (1) The number of applicants taking the examination and the number
who fail the examination for the fourth time.
   (2) The number of applicants who, after failing the examination
for the fourth time, complete a pharmacy studies program in
California or another state to satisfy the requirements of this
section and who apply to take the licensure examination required by
Section 4200.
   (3) To the extent possible, the school from which the applicant
graduated and the school's location and the pass/fail rates on the
examination for each school.
   (g) This section shall remain in effect only until January 1,
2008, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2008, deletes or extends
that date.
4200.2.  When developing the Multi-State Pharmacy Jurisprudence
Examination for California, the board shall include all of the
following:
   (a) Examination items to demonstrate the candidate's proficiency
in patient communication skills.
   (b) Aspects of contemporary standards of practice for pharmacists
in California, including, but not limited to, the provision of
pharmacist care and the application of clinical knowledge to typical
pharmacy practice situations that are not evaluated by the North
American Pharmacy Licensure Examination.
4200.3.  (a) The examination process shall be regularly reviewed
pursuant to Section 139.
   (b) The examination process shall meet the standards and
guidelines set forth in the Standards for Educational and
Psychological Testing and the Federal Uniform Guidelines for Employee
Selection Procedures.  The board shall work with the Office of
Examination Resources of the department or with an equivalent
organization who shall certify at minimum once every five years that
the examination process meets these national testing standards.  If
the department determines that the examination process fails to meet
these standards, the board shall terminate its use of the North
American Pharmacy Licensure Examination and shall use only the
written and practical examination developed by the board.
   (c) The examination shall meet the mandates of subdivision (a) of
Section 12944 of the Government Code.
   (d) The board shall work with the Office of Examination Resources
or with an equivalent organization to develop the state jurisprudence
examination to ensure that applicants for licensure are evaluated on
their knowledge of applicable state laws and regulations.
   (e) The board shall annually publish the pass and fail rates for
the pharmacist's licensure examination administered pursuant to
Section 4200, including a comparison of historical pass and fail
rates before utilization of the North American Pharmacist Licensure
Examination.
   (f) The board shall report to the Joint Committee on Boards,
Commissions, and Consumer Protection and the department as part of
its next scheduled review, the pass rates of applicants who sat for
the national examination compared with the pass rates of applicants
who sat for the prior state examination.  This report shall be a
component of the evaluation of the examination process that is based
on psychometrically sound principles for establishing minimum
qualifications and levels of competency.
4200.4.  An applicant who fails the national examination may not
retake the examination for at least 90 days or for a period
established by regulations adopted by the board in consultation with
the Office of Examination Resources of the department.
4200.5.  (a) The board shall issue, upon application and payment of
the fee established by Section 4400, a retired license to a
pharmacist who has been licensed by the board.  The board shall not
issue a retired license to a pharmacist whose license has been
revoked.
   (b) The holder of a retired license issued pursuant to this
section shall not engage in any activity for which an active
pharmacist's license is required.  A pharmacist holding a retired
license shall be permitted to use the titles "retired pharmacist" or
"pharmacist, retired."
   (c) The holder of a retired license shall not be required to renew
that license.
   (d) In order for the holder of a retired license issued pursuant
to this section to restore his or her license to active status, he or
she shall pass the examination that is required for initial
licensure with the board.
4201.  (a) Each application to conduct a pharmacy, wholesaler, or
veterinary food-animal drug retailer, shall be made on a form
furnished by the board, and shall state the name, address, usual
occupation, and professional qualifications, if any, of the
applicant.  If the applicant is other than a natural person, the
application shall state the information as to each person
beneficially interested therein.
   (b) As used in this section, and subject to subdivision (c), the
term "person beneficially interested" means and includes:
   (1) If the applicant is a partnership or other unincorporated
association, each partner or member.
   (2) If the applicant is a corporation, each of its officers,
directors, and stockholders, provided that no natural person shall be
deemed to be beneficially interested in a nonprofit corporation.
   (3) If the applicant is a limited liability company, each officer,
manager, or member.
   (c) In any case where the applicant is a partnership or other
unincorporated association, is a limited liability company, or is a
corporation, and where the number of partners, members, or
stockholders, as the case may be, exceeds five, the application shall
so state, and shall further state the information required by
subdivision (a) as to each of the five partners, members, or
stockholders who own the five largest interests in the applicant
entity.  Upon request by the executive officer, the applicant shall
furnish the board with the information required by subdivision (a) as
to partners, members, or stockholders not named in the application,
or shall refer the board to an appropriate source of that
information.
   (d) The application shall contain a statement to the effect that
the applicant has not been convicted of a felony and has not violated
any of the provisions of this chapter.  If the applicant cannot make
this statement, the application shall contain a statement of the
violation, if any, or reasons which will prevent the applicant from
being able to comply with the requirements with respect to the
statement.
   (e) Upon the approval of the application by the board and payment
of the fee required by this chapter for each pharmacy, wholesaler, or
veterinary food-animal drug retailer, the executive officer of the
board shall issue a license to conduct a pharmacy, wholesaler, or
veterinary food-animal drug retailer, if all of the provisions of
this chapter have been complied with.
   (f) Notwithstanding any other provision of law, the pharmacy
license shall authorize the holder to conduct a pharmacy.  The
license shall be renewed annually and shall not be transferable.
   (g) Notwithstanding any other provision of law, the wholesale
license shall authorize the holder to wholesale dangerous drugs and
dangerous devices.  The license shall be renewed annually and shall
not be transferable.
   (h) Notwithstanding any other provision of law, the veterinary
food-animal drug retailer license shall authorize the holder thereof
to conduct a veterinary food-animal drug retailer and to sell and
dispense veterinary food-animal drugs as defined in Section 4042.
   (i) For licenses referred to in subdivisions (f), (g), and (h),
any change in the proposed beneficial ownership interest shall be
reported to the board within 30 days thereafter upon a form to be
furnished by the board.
   (j) This section shall become operative on July 1, 2001.
4202.  (a) The board may issue a pharmacy technician license to an
individual if he or she is a high school graduate or possesses a
general educational development certificate equivalent, and meets any
one of the following requirements:
   (1) Has obtained an associate's degree in pharmacy technology.
   (2) Has completed a course of training specified by the board.
   (3) Has graduated from a school of pharmacy recognized by the
board.
   (4) Is certified by the Pharmacy Technician Certification Board.
   (b) The board shall adopt regulations pursuant to this section for
the licensure of pharmacy technicians and for the specification of
training courses as set out in paragraph (2) of subdivision (a).
Proof of the qualifications of any applicant for licensure as a
pharmacy technician shall be made to the satisfaction of the board
and shall be substantiated by any evidence required by the board.
   (c) The board shall conduct a criminal background check of the
applicant to determine if an applicant has committed acts that would
constitute grounds for denial of licensure, pursuant to this chapter
or Chapter 2 (commencing with Section 480) of Division 1.5.
   (d) The board may suspend or revoke a license issued pursuant to
this section on any ground specified in Section 4301.
   (e) Once licensed as a pharmacist, the pharmacy technician
registration is no longer valid and the pharmacy technician license
shall be returned to the board within 15 days.
4203.  (a) Each application for a license under Section 4180 shall
be made on a form furnished by the board.  The form of application
for a license under Section 4180 shall contain the name and address
of the applicant, whether the applicant is licensed as a primary care
clinic as defined in this code, the name of its professional
director, the name of its administrator, and the name of its
consulting pharmacist.
   (b) Upon the filing of the application and payment of the fee
prescribed in subdivision (s) of Section 4400, the board shall make a
thorough investigation to determine whether the applicant and the
premises for which application for a permit is made qualify for a
license.  The board shall also determine whether this article has
been complied with, and shall investigate all matters directly
related to the issuance of the license.  The board shall not,
however, investigate any matters connected with the operation of a
premises, including operating hours, parking availability, or
operating noise, except those matters relating to the furnishing,
sale, or dispensing of drugs or devices.  The board shall deny an
application for a license if either the applicant or the premises for
which application for a license is made do not qualify for a license
under this article.
   (c) If the board determines that the applicant and the premises
for which application for a license is made qualify for a license
under this article, the executive officer of the board shall issue a
license authorizing the clinic to which it is issued to purchase
drugs at wholesale pursuant to Section 4180.  The license shall be
renewed annually on or before December 31 of each year upon payment
of the renewal fee prescribed in subdivision (s) of Section 4400 and
shall not be transferable.
4204.  (a) Each application for a license under Section 4190 shall
be made on a form furnished by the board.  The form of application
for a license under this article shall contain the name and address
of the applicant, whether the applicant is licensed, the type of
services the facility will offer, the name of its professional
director, the name of its administrator, and the name of its
consulting pharmacist.
   (b) Each initial application shall contain a statement from a
consulting pharmacist certifying that the policies and procedures of
the clinic's drug distribution service, relative to inventories,
security procedures, training, protocol development, recordkeeping,
packaging, labeling, dispensing, and patient consultation are
consistent with the promotion and protection of health and safety of
the public.  Upon the filing of the application and the payment of a
fee in subdivision (s) of Section 4400, the board shall make a
thorough investigation to determine whether the applicant and the
premises for which application for a license is made qualify for a
license.  The board shall also determine whether this article has
been complied with, and shall investigate all matters directly
related to the issuance of the license.  The board shall not however,
investigate any matters connected with the operation of a premises,
including operating hours, parking availability, or operating noise,
except those matters relating to the furnishing, sale, or dispensing
of drugs or devices.  The board shall deny an application for a
license if either the applicant or the premises for which application
for a license is made do not qualify for a license under this
article.
   (c) If the board determines that the applicant and the premises
for which application for a license is made qualify for a license
under Section 4190, the executive officer of the board shall issue a
license authorizing the clinic to which it is issued to purchase
drugs at wholesale pursuant to Section 4190.  The license shall be
renewed annually upon payment of a renewal fee prescribed in
subdivision (s) of Section 4400 and shall not be transferable.
4205.  (a) A license issued pursuant to Section 4110, 4120, 4160, or
4161 shall be considered a license within the meaning of Section
4141.
   (b) The board may, in its discretion, issue a license to any
person authorizing the sale and dispensing of hypodermic syringes and
needles for animal use.
   (c) The application for a license shall be made in writing on a
form to be furnished by the board. The board may require any
information as the board deems reasonably necessary to carry out the
purposes of Article 9 (commencing with Section 4140) of this chapter.
   (d) A separate license shall be required for each of the premises
of any person who sells or dispenses hypodermic syringes or needles
at more than one location.
   (e) A license shall be renewed annually and shall not be
transferable.
   (f) The board may deny, revoke, or suspend any license issued
pursuant to this article for any violation of this chapter.
4207.  (a) Upon receipt of an application for a license and the
applicable fee, the board shall make a thorough investigation to
determine whether the applicant is qualified for the license being
sought.  The board shall also determine whether this article has been
complied with, and shall investigate all matters directly related to
the issuance of the license that may affect the public welfare.
   (b) The board shall not investigate matters connected with the
operation of a premises other than those matters solely related to
the furnishing of dangerous drugs or dangerous devices that might
adversely affect the public welfare.
   (c) The board shall deny an application for a license if the
applicant does not qualify for the license being sought.
   (d) Notwithstanding any other provision of law, the board may
request any information it deems necessary to complete the
application investigation required by this section, and a request for
information that the board deems necessary in carrying out this
section in any application or related form devised by the board shall
not be required to be adopted by regulation pursuant to the
Administrative Procedures Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
4208.  (a) At the discretion of the board, an intern pharmacist
license may be issued for a period of:
   (1) One to six years to a person who is currently enrolled in a
school of pharmacy recognized by the board.
   (2) Two years to a person who is a graduate of a school of
pharmacy recognized by the board and who has applied to become
licensed as a pharmacist in California.
   (3) Two years to a foreign graduate who has met educational
requirements described in paragraphs (1) and (2) of subdivision (a)
of Section 4200.
   (4) One year to a person who has failed the pharmacist licensure
examination four times and has reenrolled in a school of pharmacy to
satisfy the requirements of Section 4200.1.
   (b) The board may issue an intern pharmacist license to an
individual for the period of time specified in a decision of
reinstatement adopted by the board.
   (c) An intern pharmacist shall notify the board within 30 days of
any change of address.
   (d) An intern pharmacist whose license has been issued pursuant to
paragraph (1) or paragraph (4) of subdivision (a) shall return his
or her license, by registered mail, within 30 days of no longer being
enrolled in a school of pharmacy.  The intern pharmacist license
will be canceled by the board.  Notwithstanding subdivision (c), an
intern pharmacist license may be reinstated if the student reenrolls
in a school of pharmacy recognized by the board to fulfill the
education requirements of paragraphs (1) to (4), inclusive, of
subdivision (a) of Section 4200.
4209.  (a) (1) An intern pharmacist shall complete 1,500 hours of
pharmacy practice before applying for the pharmacist licensure
examination.
   (2) This pharmacy practice shall comply with the Standards of
Curriculum established by the Accreditation Council for Pharmacy
Education or with regulations adopted by the board.
   (b) An intern pharmacist shall submit proof of his or her
experience on board-approved affidavits, or another form specified by
the board, which shall be certified under penalty of perjury by a
pharmacist under whose supervision such experience was obtained or by
the pharmacist-in-charge at the pharmacy while the pharmacist intern
obtained the experience.
   (c) An applicant for the examination who has been licensed as a
pharmacist in any state for at least one year, as certified by the
licensing agency of that state, may submit this certification to
satisfy the required 1,500 hours of intern experience.  Certification
of an applicant's licensure in another state shall be submitted in
writing and signed, under oath, by a duly authorized official of the
state in which the license is held.


Disclaimer: These codes may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.