Cal. Code Regs. Tit. 16, § 1707.2 - Duty to Consult

(a) A pharmacist shall provide oral consultation to his or her patient or the patient's agent in all settings:

(1) upon request;

(2) whenever the pharmacist deems it warranted in the exercise of his or her professional judgment;

(3) whenever the prescription drug has not previously been dispensed to a patient; or

(4) whenever a prescription drug not previously dispensed to a patient in the same dosage form, strength or with the same written directions, is dispensed by the pharmacy.

(b)

(1) When the patient or patient's agent is not present (including, but not limited to, a prescription drug that was shipped by mail or delivery), a pharmacy shall ensure that:

(A) the patient receives written notice of his or her right to request consultation;

(B) the patient receives written notice of the hours of availability and the telephone number from which the patient may obtain oral consultation from a pharmacist who has ready access to the patient's record; and

(C) a pharmacist shall be available (i) to speak to the patient or patient's agent during any regular hours of operation, within an average of ten (10) minutes or less, unless a return call is scheduled to occur within one business hour, (ii) for no less than six days per week, and (iii) for a minimum of 40 hours per week.

(2) A pharmacist is not required by this subsection to provide oral consultation to an inpatient of a health care facility licensed pursuant to section 1250 of the Health and Safety Code, or to an inmate of an adult correctional facility or a juvenile detention facility, except upon the patient's discharge. A pharmacist is not obligated to consult about discharge medications if a health facility licensed pursuant to subdivision (a) or (b) of Health and Safety Code Section 1250 has implemented a written policy about discharge medications which meets the requirements of Business and Professions Code Section 4074.

(c) When oral consultation is provided, it shall include at least the following:

(1) directions for use and storage and the importance of compliance with directions; and

(2) precautions and relevant warnings, including common severe side or adverse effects or interactions that may be encountered.

(d) Whenever a pharmacist deems it warranted in the exercise of his or her professional judgment, oral consultation shall also include:

(1) the name and description of the medication;

(2) the route of administration, dosage form, dosage, and duration of drug therapy;

(3) any special directions for use and storage;

(4) precautions for preparation and administration by the patient, including techniques for self-monitoring drug therapy;

(5) prescription refill information;

(6) therapeutic contraindications, avoidance of common severe side or adverse effects or known interactions, including serious potential interactions with known nonprescription medications and therapeutic contraindications and the action required if such side or adverse effects or interactions or therapeutic contraindications are present or occur;

(7) action to be taken in the event of a missed dose.

(e) Notwithstanding the requirements set forth in subsection (a) and (b), a pharmacist is not required to provide oral consultation when a patient or the patient's agent refuses such consultation.

Notes

Cal. Code Regs. Tit. 16, § 1707.2

1. Renumbering and amendment of former section 1707.1 to section 1707.2 filed 8-10-90; operative 3-1-91 (Register 90, No. 39).
2. Request for change in operative date to 1-1-92 pursuant to Government Code section 11346.2 filed 1-11-91; operative 1-11-91 (Register 91, No. 6).
3. Request for change in operative date to 11-1-92 filed 12-23-91 as an emergency; operative 12-23-91 (Register 92, No. 11). A Certificate of Compliance must be transmitted to OAL 4-21-92 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-23-91 order transmitted to OAL 4-21-92 and filed 5-28-92 (Register 92, No. 22).
5. Amendment filed 3-12-93; operative 4-12-93 (Register 93, No. 11).
6. Editorial correction of subsections (b)(1)(A) and (f) (Register 95, No. 16).
7. Amendment of subsections (b)(3)-(c) and (f) and amendment of NOTE filed 8-8-2002; operative 9-7-2002 (Register 2002, No. 32).
8. New subsection (g) and amendment of NOTE filed 10-31-2007 as an emergency; operative 11-30-2007 (Register 2007, No. 44).
9. Amendment of section heading, repealer of subsections (f) and (g) and amendment of NOTE filed 1-17-2012; operative 2-16-2012 (Register 2012, No. 3).
10. Amendment of subsections (a)-(a)(2), repealer of subsection (b)(1), redesignation of former subsections (b)(1)(A)-(B) as new subsections (a)(3)-(4), redesignation and amendment of former subsections (a)(2)-(a)(2)(B) as subsections (b)(1)-(b)(1)(B), new subsection (b)(1)(C), subsection renumbering and amendment of NOTE filed 6-19-2020; operative 10-1-2020 (Register 2020, No. 25).

Note: Authority cited: Sections 4005, 4076 and 4112, Business and Professions Code. Reference: Sections 4005, 4076 and 4112, Business and Professions Code.

1. Renumbering and amendment of former section 1707.1 to section 1707.2 filed 8-10-90; operative 3-1-91 (Register 90, No. 39).
2. Request for change in operative date to 1-1-92 pursuant to Government Code section 11346.2 filed 1-11-91; operative 1-11-91 (Register 91, No. 6).
3. Request for change in operative date to 11-1-92 filed 12-23-91 as an emergency; operative 12-23-91 (Register 92, No. 11). A Certificate of Compliance must be transmitted to OAL 4-21-92 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-23-91 order transmitted to OAL 4-21-92 and filed 5-28-92 (Register 92, No. 22).
5. Amendment filed 3-12-93; operative 4-12-93 (Register 93, No. 11).
6. Editorial correction of subsections (b)(1)(A) and (f) (Register 95, No. 16).
7. Amendment of subsections (b)(3)-(c) and (f) and amendment of Note filed 8-8-2002; operative 9-7-2002 (Register 2002, No. 32).
8. New subsection (g) and amendment of Note filed 10-31-2007 as an emergency; operative 11-30-2007 (Register 2007, No. 44).
9. Amendment of section heading, repealer of subsections (f) and (g) and amendment of Note filed 1-17-2012; operative 2-16-2012 (Register 2012, No. 3).
10. Amendment of subsections (a)-(a)(2), repealer of subsection (b)(1), redesignation of former subsections (b)(1)(A)-(B) as new subsections (a)(3)-(4), redesignation and amendment of former subsections (a)(2)-(a)(2)(B) as subsections (b)(1)-(b)(1)(B), new subsection (b)(1)(C), subsection renumbering and amendment of Note filed 6-19-2020; operative 10/1/2020 (Register 2020, No. 25).