Cal. Code Regs. Tit. 16, § 1793.3 - Other Non-Licensed Pharmacy Personnel

(a) In addition to employing a pharmacy technician to perform the tasks specified in section 1793.2, a pharmacy may employ a non-licensed person to type a prescription label or otherwise enter prescription information into a computer record system, but the responsibility for the accuracy of the prescription information and the prescription as dispensed lies with the registered pharmacist who initials the prescription or prescription record. At the direction of the registered pharmacist, a non-licensed person may also request and receive refill authorization.

(b) A pharmacist may supervise the number of non-licensed personnel performing the duties specified in subdivision (a) that the pharmacist determines, in the exercise of his or her professional judgment, does not interfere with the effective performance of the pharmacist's responsibilities under the Pharmacy Law.

(c) A pharmacist who, exercising his or her professional judgment pursuant to subdivision (b), refuses to supervise the number of non-licensed personnel scheduled by the pharmacy, shall notify the pharmacist-in-charge in writing of his or her determination, specifying the circumstances of concern with respect to the pharmacy or the non-licensed personnel that have led to the determination, within a reasonable period, but not to exceed 24 hours, after the posting of the relevant schedule.

(d) No entity employing a pharmacist may discharge, discipline, or otherwise discriminate against any pharmacist in the terms and conditions of employment for exercising or attempting to exercise in good faith the right established pursuant to this section.

Notes

Cal. Code Regs. Tit. 16, § 1793.3

1. New section filed 8-12-92; operative 9-11-92 (Register 92, No. 33).
2. Editorial correction of Reference cite (Register 95, No. 30).
3. Change without regulatory effect amending NOTE filed 9-11-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 37).
4. Redesignation and amendment of section as subsection (a) and new subsections (b) and (c) filed 9-3-2004; operative 10-3-2004 (Register 2004, No. 36).

Note: Authority cited: Sections 4005 and 4007, Business and Professions Code. Reference: Sections 4005 and 4007, Business and Professions Code.

1. New section filed 8-12-92; operative 9-11-92 (Register 92, No. 33).
2. Editorial correction of Reference cite (Register 95, No. 30).
3. Change without regulatory effect amending Note filed 9-11-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 37).
4. Redesignation and amendment of section as subsection (a) and new subsections (b) and (c) filed 9-3-2004; operative 10-3-2004 (Register 2004, No. 36).