2005 California Business and Professions Code Sections 4190-4195 Article 14. Surgical Clinics

4190.  (a) Notwithstanding any provision of this chapter, a surgical
clinic, as defined in paragraph (1) of subdivision (b) of Section
1204 of the Health and Safety Code may purchase drugs at wholesale
for administration or dispensing, under the direction of a physician,
to patients registered for care at the clinic, as provided in
subdivision (b).  The clinic shall keep records of the kind and
amounts of drugs purchased, administered, and dispensed, and the
records shall be available and maintained for a minimum of seven
years for inspection by all properly authorized personnel.
   (b) The drug distribution service of a surgical clinic shall be
limited to the use of drugs for administration to the patients of the
surgical clinic and to the dispensing of drugs for the control of
pain and nausea for patients of the clinic.  Drugs shall not be
dispensed in an amount greater than that required to meet the patient'
s needs for 72 hours.  Drugs for administration shall be those drugs
directly applied, whether by injection, inhalation, ingestion, or any
other means, to the body of a patient for his or her immediate
needs.
   (c) No surgical clinic shall operate without a license issued by
the board nor shall it be entitled to the benefits of this section
until it has obtained a license from the board.  Each license shall
be issued to a specific clinic and for a specific location.
4191.  (a) Prior to the issuance of a clinic license authorized
under this article the clinic shall comply with all applicable laws
and regulations of the State Department of Health Services and the
board relating to drug distribution to insure that inventories,
security procedures, training, protocol development, recordkeeping,
packaging, labeling, dispensing, and patient consultation are carried
out in a manner that is consistent with the promotion and protection
of the health and safety of the public.  These policies and
procedures shall include a written description of the method used to
develop, approve, and revise those policies and procedures.
   (b) The dispensing of drugs in a clinic that has received a
license under this article shall be performed only by a physician, a
pharmacist, or other person lawfully authorized to dispense drugs,
and only in compliance with all applicable laws and regulations.
4192.  Each clinic that makes an application for a license under
this article shall show evidence that the professional director is
responsible for the safe, orderly, and lawful provision of pharmacy
services.
4193.  No clinic holding a license pursuant to this article shall be
eligible for any professional dispensing fee that may be authorized
under the Medi-Cal program (Chapter 7 (commencing with Section 14000)
of Part 3 of Division 9 of the Welfare and Institutions Code).  No
clinic holding a license pursuant to this article shall offer drugs
for sale or shall charge or bill for professional services for the
dispensing or administering of drugs.
4194.  No Schedule II controlled substance shall be dispensed in the
clinic.  This limitation does not prohibit a physician from
dispensing a Schedule II drug to the extent permitted by subdivision
(b) of Section 11158 of the Health and Safety Code and all other
provisions of law, nor does it prevent the lawful administration of
Schedule II drugs on the premises of the clinic.
4195.  The board shall have the authority to inspect a clinic at any
time in order to determine whether a clinic is, or is not, operating
in compliance with this article and all other provisions of the law.