2018 California Code
Business and Professions Code - BPC
DIVISION 2 - HEALING ARTS
CHAPTER 9 - Pharmacy
ARTICLE 6 - General Requirements
Section 4106.5.

(a) For purposes of this section, the following terms shall have the following meanings:

(1) “Pharmacy” does not include a pharmacy that meets both of the following requirements:

(A) It is owned and operated by a person or persons in which the majority of the beneficial interest, as well as management and control, resides with at least one board-licensed pharmacist, as that term is defined in Section 4036, that exclusively oversees the operations of the pharmacy.

(B) The owner and operator with the beneficial interest, management, and control described in subparagraph (A) owns, operates, and has management and control of no more than four pharmacies.

(2) “Safe storage products” means a device or product made with the purpose of storing prescription medications that includes a locking mechanism that is accessible only by the designated patient with a passcode, alphanumeric code, key, or by another secure mechanism. A safe storage product includes, but is not limited to, medicine lock boxes, locking medicine cabinets, locking medication bags, and prescription locking vials.

(3)  “Schedule II, III, or IV controlled substances” means any substance defined as a Schedule II, III, or IV controlled substance in Sections 11055, 11056, and 11057 of the Health and Safety Code.

(b) A pharmacy that dispenses Schedule II, III, or IV controlled substances shall display safe storage products in a place on the building premises that is located close to the pharmacy.

(c) (1) The board shall assess a fine in an amount to be determined by the board for a violation of this section.

(2) Notwithstanding paragraph (1), the board may choose not to take administrative action against a pharmacy if it determines that compliance with this section would create a financial hardship on the pharmacy or that the pharmacy is temporarily out of stock of safe storage products.

(d) Section 4321 shall not apply to a violation of this section.

(e) This section shall remain in effect only until January 1, 2023, and as of that date is repealed.

(Added by Stats. 2018, Ch. 240, Sec. 3. (AB 2859) Effective January 1, 2019. Repealed as of January 1, 2023, by its own provisions.)