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§ 1713. Receipt and Delivery of Prescriptions and Prescription Medications.


Barclays Official California Code of Regulations Currentness
Title 16. Professional and Vocational Regulations
Division 17. California State Board of Pharmacy
Article 2. Pharmacies (Refs & Annos)
16 CCR § 1713
§ 1713. Receipt and Delivery of Prescriptions and Prescription Medications.
(a) Except as otherwise provided in this Division, no licensee shall participate in any arrangement or agreement, whereby prescriptions, or prescription medications, may be left at, picked up from, accepted by, or delivered to any place not licensed as a retail pharmacy.
(b) A licensee may pick up prescriptions at the office or home of the prescriber or pick up or deliver prescriptions or prescription medications at the office of or a residence designated by the patient or at the hospital, institution, medical office or clinic at which the patient receives health care services. In addition, the Board may, in its sole discretion, waive application of subdivision (a) for good cause shown.
(c) A patient or the patient's agent may deposit a prescription in a secure container that is at the same address as the licensed pharmacy premises. The pharmacy shall be responsible for the security and confidentiality of the prescriptions deposited in the container.
(d) A pharmacy may use an automated delivery device to deliver previously dispensed prescription medications provided:
(1) Each patient using the device has chosen to use the device and signed a written consent form demonstrating his or her informed consent to do so.
(2) A pharmacist has determined that each patient using the device meets inclusion criteria for use of the device established by the pharmacy prior to delivery of prescription medication to the patient.
(3) The device has a means to identify each patient and only release that patient's prescription medications.
(4) The pharmacy does not use the device to deliver previously dispensed prescription medications to any patient if a pharmacist determines that such patient requires counseling as set forth in section 1707.2(a)(2).
(5) The pharmacy provides an immediate consultation with a pharmacist, either in-person or via telephone, upon the request of a patient.
(6) The device is located adjacent to the secure pharmacy area.
(7) The device is secure from access and removal by unauthorized individuals.
(8) The pharmacy is responsible for the prescription medications stored in the device.
(9) Any incident involving the device where a complaint, delivery error, or omission has occurred shall be reviewed as part of the pharmacy's quality assurance program mandated by Business and Professions Code section 4125.
(10) The pharmacy maintains written policies and procedures pertaining to the device as described in subdivision (e).
(e) Any pharmacy making use of an automated delivery device as permitted by subdivision (d) shall maintain, and on an annual basis review, written policies and procedures providing for:
(1) Maintaining the security of the automated delivery device and the dangerous drugs within the device.
(2) Determining and applying inclusion criteria regarding which medications are appropriate for placement in the device and for which patients, including when consultation is needed.
(3) Ensuring that patients are aware that consultation with a pharmacist is available for any prescription medication, including for those delivered via the automated delivery device.
(4) Describing the assignment of responsibilities to, and training of, pharmacy personnel regarding the maintenance and filing procedures for the automated delivery device.
(5) Orienting participating patients on use of the automated delivery device, notifying patients when expected prescription medications are not available in the device, and ensuring that patient use of the device does not interfere with delivery of prescription medications.
(6) Ensuring the delivery of medications to patients in the event the device is disabled or malfunctions.
(f) Written policies and procedures shall be maintained at least three years beyond the last use for an automated delivery device.
(g) For the purposes of this section only, “previously-dispensed prescription medications” are those prescription medications that do not trigger a non-discretionary duty to consult under section 1707.2(b)(1), because they have been previously dispensed to the patient by the pharmacy in the same dosage form, strength, and with the same written directions.
Note: Authority cited: Section 4005, 4075 and 4114, Business and Professions Code. Reference: Sections 4005, 4052, 4116 and 4117, Business and Professions Code.
1. New section filed 12-27-2006; operative 1-26-2007 (Register 2006, No. 52). For prior history, see Register 96, No. 5.
This database is current through 6/19/20 Register 2020, No. 25
16 CCR § 1713, 16 CA ADC § 1713
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