California Code of Regulations
Title 16 - Professional and Vocational Regulations
Division 17 - California State Board of Pharmacy
Article 2 - Pharmacies
Section 1714.1 - Pharmacy Operations During the Temporary Absence of a Pharmacist
Current through Register 2024 Notice Reg. No. 12, March 22, 2024
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 1793.3 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.
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.
