This section is to ensure that pharmacists are able to have
duty free breaks and meal periods to which they are entitled under Section
512 of the
Labor Code and the orders of the Industrial Welfare Commission, without
unreasonably impairing the ability of a pharmacy to remain open.
(a) In any pharmacy that is staffed by a
single pharmacist, the pharmacist may leave the pharmacy temporarily for breaks
and meal periods pursuant to Section
512 of the
Labor Code and the orders of the Industrial Welfare Commission without closing
the pharmacy and removing ancillary staff from the pharmacy if the pharmacist
reasonably believes that the security of the dangerous drugs and devices will
be maintained in his or her absence.
If in the professional judgment of the pharmacist, the
pharmacist determines that the pharmacy should close during his or her absence,
then the pharmacist shall close the pharmacy and remove all ancillary staff
from the pharmacy during his or her absence.
(b) During the pharmacist's temporary
absence, no prescription medication may be provided to a patient or to a
patient's agent unless the prescription medication is a refill medication that
the pharmacist has checked, released for furnishing to the patient and was
determined not to require the consultation of a pharmacist.
(c) During such times that the pharmacist is
temporarily absent from the pharmacy, the ancillary staff may continue to
perform the non-discretionary duties authorized to them by pharmacy law.
However, any duty performed by any member of the ancillary staff shall be
reviewed by a pharmacist upon his or her return to the pharmacy.
(d) During the temporary absence of a
pharmacist as authorized by this section, an intern pharmacist may not perform
any discretionary duties nor otherwise act as a pharmacist.
(e) The temporary absence authorized by this
section shall be limited to the minimum period authorized for pharmacists by
section
512 of Labor Code or orders of the
Industrial Welfare Commission, and any meal shall be limited to 30 minutes. The
pharmacist who is on break shall not be required to remain in the pharmacy area
during the break period.
(f) The
pharmacy shall have written policies and procedures regarding the operations of
the pharmacy during the temporary absence of the pharmacist for breaks and meal
periods. The policies and procedures shall include the authorized duties of
ancillary staff, the pharmacist's responsibilities for checking all work
performed by ancillary staff and the pharmacist's responsibility for
maintaining the security of the pharmacy. The policies and procedures shall be
open to inspection by the board or its designee at all times during business
hours.
(g) For the purposes of this
section, ancillary staff includes: an intern pharmacist, a pharmacy technician,
non-licensed personnel as defined in Section
of Title
161793.3 of
Title 16 of the California Code
of Regulations and a pharmacy technician trainee as defined in Section
4115.5(a)
of the Business and Professions Code.
Notes
Cal. Code Regs.
Tit. 16, §
1714.1
1. New section
filed 12-21-99 as an emergency; operative 1-1-2000 (Register 99, No. 52). A
Certificate of Compliance must be transmitted to OAL by 5-1-2000 or emergency
language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 12-21-99 order, including
amendment of section and NOTE, transmitted to OAL 4-28-2000 and filed 6-12-2000
(Register 2000, No. 24).
3. Editorial correction of HISTORY 2
(Register 2008, No. 37).
Note: Authority cited: Sections
4005,
4115
and
4116,
Business and Professions Code. Reference: Sections
4009,
4115,
4115.5
and
4116,
Business and Professions Code; and Sections
512 and
1186, Labor
Code.
1. New section filed
12-21-99 as an emergency; operative 1-1-2000 (Register 99, No. 52). A
Certificate of Compliance must be transmitted to OAL by 5-1-2000 or emergency
language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-21-99 order, including amendment of
section and Note, transmitted to OAL 4-28-2000 and filed 6-12-2000 (Register
2000, No. 24).
3. Editorial correction of History 2 (Register 2008,
No. 37).
