BILL NUMBER: SB 838	CHAPTERED  07/07/99

	CHAPTER   73
	FILED WITH SECRETARY OF STATE   JULY 7, 1999
	APPROVED BY GOVERNOR   JULY 6, 1999
	PASSED THE ASSEMBLY   JUNE 24, 1999
	PASSED THE SENATE   MAY 17, 1999
	AMENDED IN SENATE   APRIL 28, 1999

INTRODUCED BY   Senator Figueroa

                        FEBRUARY 25, 1999

   An act to amend Section 4112 of the Business and Professions Code,
relating to pharmacies.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 838, Figueroa.  Vocations:  Pharmacy Law.
   Existing law, the Pharmacy Law, requires all nonresident
pharmacies to register with the Board of Pharmacy of the State of
California.
   This bill would specify that the board may register a nonresident
pharmacy that is organized as a limited liability company in the
state in which it is licensed.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 4112 of the Business and Professions Code is
amended to read:
   4112.  (a) Any pharmacy located outside this state that ships,
mails, or delivers, in any manner, controlled substances, dangerous
drugs, or dangerous devices into this state shall be considered a
nonresident pharmacy.
   (b) All nonresident pharmacies shall register with the board.  The
board may register a nonresident pharmacy that is organized as a
limited liability company in the state in which it is licensed.
   (c) A nonresident pharmacy shall disclose to the board the
location, names, and titles of (1) its agent for service of process
in this state, (2) all principal corporate officers, if any, (3) all
general partners, if any, and (4) all pharmacists who are dispensing
controlled substances, dangerous drugs, or dangerous devices to
residents of this state.  A report containing this information shall
be made on an annual basis and within 30 days after any change of
office, corporate officer, partner, or pharmacist.
   (d) All nonresident pharmacies shall comply with all lawful
directions and requests for information from the regulatory or
licensing agency of the state in which it is licensed as well as with
all requests for information made by the board pursuant to this
section.  The nonresident pharmacy shall maintain, at all times, a
valid unexpired license, permit, or registration to conduct the
pharmacy in compliance with the laws of the state in which it is a
resident.  As a prerequisite to registering with the board, the
nonresident pharmacy shall submit a copy of the most recent
inspection report resulting from an inspection conducted by the
regulatory or licensing agency of the state in which it is located.
   (e) All nonresident pharmacies shall maintain records of
controlled substances, dangerous drugs, or dangerous devices
dispensed to patients in this state so that the records are readily
retrievable from the records of other drugs dispensed.
   (f) Any pharmacy subject to this section shall, during its regular
hours of operation, but not less than six days per week, and for a
minimum of 40 hours per week, provide a toll-free telephone service
to facilitate communication between patients in this state and a
pharmacist at the pharmacy who has access to the patient's records.
This toll-free number shall be disclosed on a label affixed to each
container of drugs dispensed to patients in this state.
   (g) The board shall adopt regulations that apply the same
requirements or standards for oral consultation to a nonresident
pharmacy that operates pursuant to this section and ships, mails, or
delivers any controlled substances, dangerous drugs, or dangerous
devices to residents of this state, as are applied to an in-state
pharmacy that operates pursuant to Section 4037 when the pharmacy
ships, mails, or delivers any controlled substances, dangerous drugs,
or dangerous devices to residents of this state.  The board shall
not adopt any regulations that require face-to-face consultation for
a prescription that is shipped, mailed, or delivered to the patient.
The regulations adopted pursuant to this subdivision shall not
result in any unnecessary delay in patients receiving their
medication.
   (h) The registration fee shall be the fee specified in subdivision
(a) of Section 4400.
   (i) The registration requirements of this section shall apply only
to a nonresident pharmacy that ships, mails, or delivers controlled
substances, dangerous drugs, and dangerous devices into this state
pursuant to a prescription.
   (j) Nothing in this section shall be construed to authorize the
dispensing of contact lens by nonresident pharmacists except as
provided by Section 4124.