reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 3 - Regulation and Control › ARTICLE 1 - Reporting › Section 11107.2.

11107.2. (a) Except as otherwise provided in subdivision (b), it is unlawful for a manufacturer, wholesaler, reseller, retailer, or other person or entity to sell to any customer any quantity of nonodorized butane.
(b) The limitations in subdivisions (a) shall not apply to any of the following transactions:
(1) Butane sold to manufacturers, wholesalers, resellers, or retailers solely for the purpose of resale.
(2) Butane sold to a person for use in a lawful commercial enterprise, including, but not limited to, a volatile solvent extraction activity licensed under Division 10 (commencing with Section 26000) of the Business and Professions Code or a medical cannabis collective or cooperative described in subdivision (b) of Section 11362.775 of this code, operating in compliance with all applicable state licensing requirements and local regulations governing that type of business.
(3) The sale of pocket lighters, utility lighters, grill lighters, torch lighters, butane gas appliances, refill canisters, gas cartridges, or other products that contain or use nonodorized butane and contain less than 150 milliliters of butane.
(4) The sale of any product in which butane is used as an aerosol propellant.
(c) (1) Any person or business that violates subdivision (a) is subject to a civil penalty of two thousand five hundred dollars ($2,500).
(2) The Attorney General, a city attorney, a county counsel, or a district attorney may bring a civil action to enforce this section.
(3) The civil penalty shall be deposited into the General Fund if the action is brought by the Attorney General. If the action is brought by a city attorney, the civil penalty shall be paid to the treasurer of the city in which the judgment is entered. If the action is brought by a county counsel or district attorney, the civil penalty shall be paid to the treasurer of the county in which the judgment is entered.
(d) As used in this section, the following definitions shall apply:
(1) “Customer” means any person or entity other than those described in paragraphs (1) and (2) of subdivision (b) that purchases or acquires nonodorized butane from a seller during a transaction.
(2) “Nonodorized butane” means iso-butane, n-butane, butane, or a mixture of butane and propane of any power that may also use the words “refined,” “pure,” “purified,” “premium,” or “filtered,” to describe the butane or butane mixture, which does not contain ethyl mercaptan or a similar odorant.
(3) “Sell” or “sale” means to furnish, give away, exchange, transfer, deliver, surrender, distribute, or supply, in exchange for money or any other consideration.
(4) “Seller” means any person, business entity, or employee thereof that sells nonodorized butane to any customer within this state.
(e) This section shall become operative on July 1, 2019.
(Added by Stats. 2018, Ch. 595, Sec. 1. (AB 3112) Effective January 1, 2019. Section operative July 1, 2019, by its own provisions.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 3 - Regulation and Control › ARTICLE 1 - Reporting › Section 11110.

11110. (a) It shall be an infraction, punishable by a fine not exceeding two hundred fifty dollars ($250), for any person, corporation, or retail distributor to willfully and knowingly supply, deliver, or give possession of a drug, material, compound, mixture, preparation, or substance containing any quantity of dextromethorphan (the dextrorotatory isomer of 3-methoxy-N-methylmorphinan, including its salts, but not including its racemic or levorotatory forms) to a person under 18 years of age in an over-the-counter sale without a prescription.
(b) It shall be prima facie evidence of a violation of this section if the person, corporation, or retail distributor making the sale does not require and obtain bona fide evidence of majority and identity from the purchaser, unless from the purchaser’s outward appearance the person making the sale would reasonably presume the purchaser to be 25 years of age or older.
(c) Proof that a person, corporation, or retail distributor, or his or her agent or employee, demanded, was shown, and acted in reasonable reliance upon, bona fide evidence of majority and identity shall be a defense to any criminal prosecution under this section. As used in this section, “bona fide evidence of majority and identity” means a document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including, but not limited to, a motor vehicle operator’s license, California state identification card, identification card issued to a member of the Armed Forces, or other form of identification that bears the name, date of birth, description, and picture of the person.
(d) (1) Notwithstanding any other provision of this section, a retail clerk who fails to require and obtain proof of age from the purchaser shall not be guilty of an infraction pursuant to subdivision (a) or subject to any civil penalties.
(2) This subdivision shall not apply to a retail clerk who is a willful participant in an ongoing criminal conspiracy to violate this section.
(Added by Stats. 2011, Ch. 199, Sec. 1. (SB 514) Effective January 1, 2012.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 3 - Regulation and Control › ARTICLE 1 - Reporting › Section 11111.

11111. A person, corporation, or retail distributor that sells or makes available products containing dextromethorphan, as defined in subdivision (a) of Section 11110, in an over-the-counter sale without a prescription shall, if feasible, use a cash register that is equipped with an age-verification feature to monitor age-restricted items. The cash register shall be programmed to direct the retail clerk making the sale to request bona fide evidence of majority and identity, as described in subdivision (c) of Section 11110, before a product containing dextromethorphan may be purchased.
(Added by Stats. 2011, Ch. 199, Sec. 2. (SB 514) Effective January 1, 2012.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 4 - Prescriptions › ARTICLE 1 - Requirements of Prescriptions › Section 11150.

11150. No person other than a physician, dentist, podiatrist, or veterinarian, or naturopathic doctor acting pursuant to Section 3640.7 of the Business and Professions Code, or pharmacist acting within the scope of a project authorized under Article 1 (commencing with Section 128125) of Chapter 3 of Part 3 of Division 107 or within the scope of Section 4052.1, 4052.2, or 4052.6 of the Business and Professions Code, a registered nurse acting within the scope of a project authorized under Article 1 (commencing with Section 128125) of Chapter 3 of Part 3 of Division 107, a certified nurse-midwife acting within the scope of Section 2746.51 of the Business and Professions Code, a nurse practitioner acting within the scope of Section 2836.1 of the Business and Professions Code, a physician assistant acting within the scope of a project authorized under Article 1 (commencing with Section 128125) of Chapter 3 of Part 3 of Division 107 or Section 3502.1 of the Business and Professions Code, a naturopathic doctor acting within the scope of Section 3640.5 of the Business and Professions Code, or an optometrist acting within the scope of Section 3041 of the Business and Professions Code, or an out-of-state prescriber acting pursuant to Section 4005 of the Business and Professions Code shall write or issue a prescription.
(Amended by Stats. 2014, Ch. 319, Sec. 5. (SB 1039) Effective January 1, 2015.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 4 - Prescriptions › ARTICLE 1 - Requirements of Prescriptions › Section 11150.2.

11150.2. (a) Notwithstanding any other law, if cannabinoids are excluded from Schedule I of the federal Controlled Substances Act and placed on a schedule of the act other than Schedule I, or if a product composed of cannabinoids is approved by the federal Food and Drug Administration and either placed on a schedule of the act other than Schedule I, or exempted from one or more provisions of the act, so as to permit a physician, pharmacist, or other authorized healing arts licensee acting within their scope of practice, to prescribe, furnish, or dispense that product, the physician, pharmacist, or other authorized healing arts licensee who prescribes, furnishes, or dispenses that product in accordance with federal law shall be deemed to be in compliance with state law governing those acts.
(b) For purposes of this chapter, upon the effective date of one of the changes in federal law described in subdivision (a), notwithstanding any other state law, a product composed of cannabinoids may be prescribed, furnished, dispensed, transferred, transported, possessed, or used in accordance with federal law and is authorized pursuant to state law.
(c) This section does not apply to any product containing cannabinoids that is made or derived from industrial hemp, as defined in Section 11018.5 and regulated pursuant to that section.
(Amended by Stats. 2021, Ch. 618, Sec. 4. (AB 527) Effective January 1, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 4 - Prescriptions › ARTICLE 1 - Requirements of Prescriptions › Section 11150.3.

11150.3. (a) Notwithstanding any other law, if a substance listed in Schedule I of Section 11054 is excluded from Schedule I of the federal Controlled Substances Act and placed on a schedule of the act other than Schedule I, or if a product composed of one of these substances is approved by the federal Food and Drug Administration and either placed on a schedule of the act other than Schedule I, or exempted from one or more provisions of the act, so as to permit a physician, pharmacist, or other authorized healing arts licensee acting within their scope of practice, to prescribe, furnish, or dispense that product, the physician, pharmacist, or other authorized healing arts licensee who prescribes, furnishes, or dispenses that product in accordance with federal law shall be deemed to be in compliance with state law governing those acts.
(b) For purposes of this chapter, upon the effective date of any of the changes in federal law described in subdivision (a), notwithstanding any other state law, a product composed of the excluded substance may be prescribed, furnished, dispensed, transferred, transported, possessed, or used in accordance with federal law and is authorized pursuant to state law.
(c) This section does not apply to cannabis or a cannabis product, as defined in Section 26001 of the Business and Professions Code. However, cannabis or cannabis products may be authorized pursuant to Section 11150.2.
(Added by Stats. 2023, Ch. 274, Sec. 1. (AB 1021) Effective January 1, 2024.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 4 - Prescriptions › ARTICLE 1 - Requirements of Prescriptions › Section 11150.6.

11150.6. Notwithstanding Section 11150.5 or subdivision (a) of Section 11054, methaqualone, its salts, isomers, and salts of its isomers shall be deemed to be classified in Schedule I for the purposes of this chapter.
(Added by Stats. 1984, Ch. 22, Sec. 1. Effective March 1, 1984.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 4 - Prescriptions › ARTICLE 1 - Requirements of Prescriptions › Section 11151.

11151. A prescription written by an unlicensed person lawfully practicing medicine pursuant to Section 2065 of the Business and Professions Code, shall be filled only at a pharmacy maintained in the hospital which employs such unlicensed person.
(Amended by Stats. 1986, Ch. 248, Sec. 144.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 4 - Prescriptions › ARTICLE 1 - Requirements of Prescriptions › Section 11153.

11153. (a)  A prescription for a controlled substance shall only be issued for a legitimate medical purpose by an individual practitioner acting in the usual course of their professional practice. The responsibility for the proper prescribing and dispensing of controlled substances is upon the prescribing practitioner, but a corresponding responsibility rests with the pharmacist who fills the prescription. Except as authorized by this division, the following are not legal prescriptions: (1) an order purporting to be a prescription which is issued not in the usual course of professional treatment or in legitimate and authorized research; or (2) an order for a person with substance use disorder or habitual user of controlled substances, which is issued not in the course of professional treatment or as part of an authorized narcotic treatment program, for the purpose of providing the user with controlled substances, sufficient to keep them comfortable by maintaining customary use.
(b)  Any person who knowingly violates this section shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or in a county jail not exceeding one year, or by a fine not exceeding twenty thousand dollars ($20,000), or by both that fine and imprisonment.
(c)  No provision of the amendments to this section enacted during the second year of the 1981–82 Regular Session shall be construed as expanding the scope of practice of a pharmacist.
(Amended by Stats. 2023, Ch. 21, Sec. 4. (AB 1130) Effective January 1, 2024.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 4 - Prescriptions › ARTICLE 1 - Requirements of Prescriptions › Section 11153.5.

11153.5. (a)  No wholesaler or manufacturer, or agent or employee of a wholesaler or manufacturer, shall furnish controlled substances for other than legitimate medical purposes.
(b)  Anyone who violates this section knowing, or having a conscious disregard for the fact, that the controlled substances are for other than a legitimate medical purpose shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or in a county jail not exceeding one year, or by a fine not exceeding twenty thousand dollars ($20,000), or by both that fine and imprisonment.
(c)  Factors to be considered in determining whether a wholesaler or manufacturer, or agent or employee of a wholesaler or manufacturer, furnished controlled substances knowing or having a conscious disregard for the fact that the controlled substances are for other than legitimate medical purposes shall include, but not be limited to, whether the use of controlled substances was for purposes of increasing athletic ability or performance, the amount of controlled substances furnished, the previous ordering pattern of the customer (including size and frequency of orders), the type and size of the customer, and where and to whom the customer distributes the product.
(Amended by Stats. 2011, Ch. 15, Sec. 149. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 4 - Prescriptions › ARTICLE 1 - Requirements of Prescriptions › Section 11154.

11154. (a)  Except in the regular practice of his or her profession, no person shall knowingly prescribe, administer, dispense, or furnish a controlled substance to or for any person or animal which is not under his or her treatment for a pathology or condition other than addiction to a controlled substance, except as provided in this division.
(b)  No person shall knowingly solicit, direct, induce, aid, or encourage a practitioner authorized to write a prescription to unlawfully prescribe, administer, dispense, or furnish a controlled substance.
(Amended by Stats. 1982, Ch. 1403, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 4 - Prescriptions › ARTICLE 1 - Requirements of Prescriptions › Section 11155.

11155. Any physician, who by court order or order of any state or governmental agency, or who voluntarily surrenders his controlled substance privileges, shall not possess, administer, dispense, or prescribe a controlled substance unless and until such privileges have been restored, and he has obtained current registration from the appropriate federal agency as provided by law.
(Added by Stats. 1972, Ch. 1407.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 4 - Prescriptions › ARTICLE 1 - Requirements of Prescriptions › Section 11156.

11156. (a) Except as provided in Section 2241 of the Business and Professions Code, no person shall prescribe for, or administer, or dispense a controlled substance to, a person with substance use disorder, or to any person representing themselves as such, except as permitted by this division.
(b) (1) For purposes of this section, “person with substance use disorder” means a person whose actions are characterized by craving in combination with one or more of the following:
(A) Impaired control over drug use.
(B) Compulsive use.
(C) Continued use despite harm.
(2) Notwithstanding paragraph (1), a person whose drug-seeking behavior is primarily due to the inadequate control of pain is not a person with substance use disorder within the meaning of this section.
(Amended by Stats. 2023, Ch. 21, Sec. 5. (AB 1130) Effective January 1, 2024.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 4 - Prescriptions › ARTICLE 1 - Requirements of Prescriptions › Section 11158.

11158. (a)  Except as provided in Section 11159 or in subdivision (b) of this section, no controlled substance classified in Schedule II shall be dispensed without a prescription meeting the requirements of this chapter. Except as provided in Section 11159 or when dispensed directly to an ultimate user by a practitioner, other than a pharmacist or pharmacy, no controlled substance classified in Schedule III, IV, or V may be dispensed without a prescription meeting the requirements of this chapter.
(b)  A practitioner specified in Section 11150 may dispense directly to an ultimate user a controlled substance classified in Schedule II in an amount not to exceed a 72-hour supply for the patient in accordance with directions for use given by the dispensing practitioner only where the patient is not expected to require any additional amount of the controlled substance beyond the 72 hours. Practitioners dispensing drugs pursuant to this subdivision shall meet the requirements of subdivision (f) of Section 11164.
(c)  Except as otherwise prohibited or limited by law, a practitioner specified in Section 11150, may administer controlled substances in the regular practice of his or her profession.
(Amended by Stats. 1980, Ch. 1223.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 4 - Prescriptions › ARTICLE 1 - Requirements of Prescriptions › Section 11158.1.

11158.1. (a) Except when a patient is being treated as set forth in Sections 11159, 11159.2, and 11167.5, and Article 2 (commencing with Section 11215) of Chapter 5, pertaining to the treatment of persons with substance use disorder, or for a diagnosis of chronic intractable pain as used in Section 124960 of this code and Section 2241.5 of the Business and Professions Code, a prescriber shall discuss all of the following with the minor, the minor’s parent or guardian, or another adult authorized to consent to the minor’s medical treatment before directly dispensing or issuing for a minor the first prescription in a single course of treatment for a controlled substance containing an opioid:
(1) The risks of addiction and overdose associated with the use of opioids.
(2) The increased risk of addiction to an opioid to an individual who is suffering from both mental and substance abuse disorders.
(3) The danger of taking an opioid with a benzodiazepine, alcohol, or another central nervous system depressant.
(4) Any other information required by law.
(b) This section does not apply in any of the following circumstances:
(1) If the minor’s treatment includes emergency services and care as defined in Section 1317.1.
(2) If the minor’s treatment is associated with or incident to an emergency surgery, regardless of whether the surgery is performed on an inpatient or outpatient basis.
(3) If, in the prescriber’s professional judgment, fulfilling the requirements of subdivision (a) would be detrimental to the minor’s health or safety, or in violation of the minor’s legal rights regarding confidentiality.
(c) Notwithstanding any other law, including Section 11374, failure to comply with this section shall not constitute a criminal offense.
(Amended by Stats. 2023, Ch. 21, Sec. 6. (AB 1130) Effective January 1, 2024.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 4 - Prescriptions › ARTICLE 1 - Requirements of Prescriptions › Section 11159.

11159. An order for controlled substances for use by a patient in a county or licensed hospital shall be exempt from all requirements of this article, but shall be in writing on the patient’s record, signed by the prescriber, dated, and shall state the name and quantity of the controlled substance ordered and the quantity actually administered. The record of such orders shall be maintained as a hospital record for a minimum of seven years.
(Added by Stats. 1972, Ch. 1407.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 4 - Prescriptions › ARTICLE 1 - Requirements of Prescriptions › Section 11159.1.

11159.1. An order for controlled substances furnished to a patient in a clinic which has a permit issued pursuant to Article 13 (commencing with Section 4180) of Chapter 9 of Division 2 of the Business and Professions Code, except an order for a Schedule II controlled substance, shall be exempt from the prescription requirements of this article and shall be in writing on the patient’s record, signed by the prescriber, dated, and shall state the name and quantity of the controlled substance ordered and the quantity actually furnished. The record of the order shall be maintained as a clinic record for a minimum of seven years. This section shall apply only to a clinic that has obtained a permit under the provisions of Article 13 (commencing with Section 4180) of Chapter 9 of Division 2 of the Business and Professions Code.
Clinics that furnish controlled substances shall be required to keep a separate record of the furnishing of those drugs which shall be available for review and inspection by all properly authorized personnel.
(Amended by Stats. 2004, Ch. 695, Sec. 52. Effective January 1, 2005.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 4 - Prescriptions › ARTICLE 1 - Requirements of Prescriptions › Section 11159.2.

11159.2. (a) Notwithstanding any other provision of law, a prescription for a controlled substance for use by a patient who has a terminal illness may be written on a prescription form that does not meet the requirements of Section 11162.1 if the prescription meets the following requirements:
(1) Contain the information specified in subdivision (a) of Section 11164.
(2) Indicate that the prescriber has certified that the patient is terminally ill by the words “11159.2 exemption.”
(b) A pharmacist may fill a prescription pursuant to this section when there is a technical error in the certification required by paragraph (2) of subdivision (a), provided that he or she has personal knowledge of the patient’s terminal illness, and subsequently returns the prescription to the prescriber for correction within 72 hours.
(c) For purposes of this section, “terminally ill” means a patient who meets all of the following conditions:
(1) In the reasonable medical judgment of the prescribing physician, the patient has been determined to be suffering from an illness that is incurable and irreversible.
(2) In the reasonable medical judgment of the prescribing physician, the patient’s illness will, if the illness takes its normal course, bring about the death of the patient within a period of one year.
(3) The patient’s treatment by the physician prescribing a controlled substance pursuant to this section primarily is for the control of pain, symptom management, or both, rather than for cure of the illness.
(d) This section shall become operative on July 1, 2004.
(Amended by Stats. 2005, Ch. 487, Sec. 1. Effective January 1, 2006.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 4 - Prescriptions › ARTICLE 1 - Requirements of Prescriptions › Section 11159.3.

11159.3. (a) Notwithstanding any other law, during a declared local, state, or federal emergency, if the California State Board of Pharmacy issues a notice that the board is waiving the application of the provisions of, or regulations adopted pursuant to, the Pharmacy Law, as specified in subdivision (b) of Section 4062 of the Business and Professions Code, a pharmacist may fill a prescription for a controlled substance for use by a patient who cannot access medications as a result of the declared local, state, or federal emergency, regardless of whether the prescription form meets the requirements of Section 11162.1, if the prescription meets the following requirements:
(1) Contains the information specified in subdivision (a) of Section 11164.
(2) Indicates that the patient is affected by a declared emergency with the words “11159.3 exemption” or a similar statement.
(3) Is written and dispensed within the first two weeks of the notice issued by the board.
(b) A pharmacist filling a prescription pursuant to this section shall do all of the following:
(1) Exercise appropriate professional judgment, including reviewing the patient’s activity report from the CURES Prescription Drug Monitoring Program before dispensing the medication.
(2) If the prescription is for a Schedule II controlled substance, dispense no greater than the amount needed for a seven-day supply.
(3) Require the patient to first demonstrate, to the satisfaction of the pharmacist, their inability to access medications. This demonstration may include, but is not limited to, verification of residency within an evacuation area.
(c) A pharmacist shall not refill a prescription that has been dispensed pursuant to this section.
(Added by Stats. 2019, Ch. 705, Sec. 1. (SB 569) Effective January 1, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 4 - Prescriptions › ARTICLE 1 - Requirements of Prescriptions › Section 11161.7.

11161.7. (a)  When a prescriber’s authority to prescribe controlled substances is restricted by civil, criminal, or administrative action, or by an order of the court issued pursuant to Section 11161, the law enforcement agency or licensing board that sought the restrictions shall provide the name, category of licensure, license number, and the nature of the restrictions imposed on the prescriber to security printers, the Department of Justice, and the Board of Pharmacy.
(b)  The Board of Pharmacy shall make available the information required by subdivision (a) to pharmacies and security printers to prevent the dispensing of controlled substance prescriptions issued by the prescriber and the ordering of additional controlled substance prescription forms by the restricted prescriber.
(Added by Stats. 2003, Ch. 406, Sec. 7. Effective January 1, 2004.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 4 - Prescriptions › ARTICLE 1 - Requirements of Prescriptions › Section 11162.2.

11162.2. (a) Notwithstanding any other law, the uniquely serialized number described in paragraph (15) of subdivision (a) of Section 11162.1 shall not be a required feature in the printing of new prescription forms produced by approved security printers until a date determined by the Department of Justice, which shall be no later than January 1, 2020.
(b) Specifications for the serialized number shall be prescribed by the Department of Justice and shall meet the following minimum requirements:
(1) The serialized number shall be compliant with all state and federal requirements.
(2) The serialized number shall be utilizable as a barcode that may be scanned by dispensers.
(3) The serialized number shall be compliant with current National Council for Prescription Drug Program Standards.
(Added by Stats. 2019, Ch. 4, Sec. 2. (AB 149) Effective March 11, 2019.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 4 - Prescriptions › ARTICLE 1 - Requirements of Prescriptions › Section 11162.5.

11162.5. (a)  Every person who counterfeits a prescription blank purporting to be an official prescription blank prepared and issued pursuant to Section 11161.5, or knowingly possesses more than three counterfeited prescription blanks, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code or by imprisonment in a county jail for not more than one year.
(b)  Every person who knowingly possesses three or fewer counterfeited prescription blanks purporting to be official prescription blanks prepared and issued pursuant to Section 11161.5, shall be guilty of a misdemeanor punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.
(Amended by Stats. 2011, Ch. 15, Sec. 150. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 4 - Prescriptions › ARTICLE 1 - Requirements of Prescriptions › Section 11162.6.

11162.6. (a)  Every person who counterfeits a controlled substance prescription form shall be guilty of a misdemeanor punishable by imprisonment in a county jail for not more than one year, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.
(b)  Every person who knowingly possesses a counterfeited controlled substance prescription form shall be guilty of a misdemeanor punishable by imprisonment in a county jail not exceeding six months, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.
(c)  Every person who attempts to obtain or obtains a controlled substance prescription form under false pretenses shall be guilty of a misdemeanor punishable by imprisonment in a county jail not exceeding six months, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.
(d)  Every person who fraudulently produces controlled substance prescription forms shall be guilty of a misdemeanor punishable by imprisonment in a county jail not exceeding six months, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.
(e)  This section shall become operative on July 1, 2004.
(Added by Stats. 2003, Ch. 406, Sec. 10. Effective January 1, 2004. Section operative July 1, 2004, by its own provisions.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 4 - Prescriptions › ARTICLE 1 - Requirements of Prescriptions › Section 11164.1.

11164.1. (a) (1) Notwithstanding any other law, a prescription for a controlled substance issued by a prescriber in another state for delivery to a patient in another state may be dispensed by a California pharmacy, if the prescription conforms with the requirements for controlled substance prescriptions in the state in which the controlled substance was prescribed.
(2) A prescription for a Schedule II, Schedule III, Schedule IV, or Schedule V controlled substance dispensed pursuant to this subdivision shall be reported by the dispensing pharmacy to the Department of Justice in the manner prescribed by subdivision (d) of Section 11165.
(b) A pharmacy may dispense a prescription for a Schedule III, Schedule IV, or Schedule V controlled substance from an out-of-state prescriber pursuant to Section 4005 of the Business and Professions Code and Section 1717 of Title 16 of the California Code of Regulations.
(c) This section shall become operative on January 1, 2021.
(Repealed (in Sec. 3) and added by Stats. 2019, Ch. 677, Sec. 4. (AB 528) Effective January 1, 2020. Section operative January 1, 2021, by its own provisions.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 4 - Prescriptions › ARTICLE 1 - Requirements of Prescriptions › Section 11164.5.

11164.5. (a) Notwithstanding Section 11164, if only recorded and stored electronically, on magnetic media, or in any other computerized form, the pharmacy’s or hospital’s computer system shall not permit the received information or the controlled substance dispensing information required by this section to be changed, obliterated, destroyed, or disposed of, for the record maintenance period required by law, once the information has been received by the pharmacy or the hospital and once the controlled substance has been dispensed, respectively. Once the controlled substance has been dispensed, if the previously created record is determined to be incorrect, a correcting addition may be made only by or with the approval of a pharmacist. After a pharmacist enters the change or enters his or her approval of the change into the computer, the resulting record shall include the correcting addition and the date it was made to the record, the identity of the person or pharmacist making the correction, and the identity of the pharmacist approving the correction.
(b) Nothing in this section shall be construed to exempt any pharmacy or hospital dispensing Schedule II controlled substances pursuant to electronic transmission prescriptions from existing reporting requirements.
(Amended by Stats. 2016, Ch. 484, Sec. 55. (SB 1193) Effective January 1, 2017.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 4 - Prescriptions › ARTICLE 1 - Requirements of Prescriptions › Section 11165.3.

11165.3. The theft or loss of prescription forms shall be reported immediately by the security printer or affected prescriber to the CURES Prescription Drug Monitoring Program, but no later than three days after the discovery of the theft or loss. This notification may be done in writing utilizing the approved Department of Justice form or may be reported by the authorized subscriber through the CURES Prescription Drug Monitoring Program.
(Amended by Stats. 2012, Ch. 867, Sec. 7. (SB 1144) Effective January 1, 2013.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 4 - Prescriptions › ARTICLE 1 - Requirements of Prescriptions › Section 11165.5.

11165.5. (a) The Department of Justice may seek voluntarily contributed private funds from insurers, health care service plans, qualified manufacturers, and other donors for the purpose of supporting CURES. Insurers, health care service plans, qualified manufacturers, and other donors may contribute by submitting their payment to the Controller for deposit into the CURES Fund established pursuant to subdivision (c) of Section 208 of the Business and Professions Code. The department shall make information about the amount and the source of all private funds it receives for support of CURES available to the public. Contributions to the CURES Fund pursuant to this subdivision shall be nondeductible for state tax purposes.
(b) For purposes of this section, the following definitions apply:
(1) “Controlled substance” means a drug, substance, or immediate precursor listed in any schedule in Section 11055, 11056, or 11057 of the Health and Safety Code.
(2) “Health care service plan” means an entity licensed pursuant to the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code).
(3) “Insurer” means an admitted insurer writing health insurance, as defined in Section 106 of the Insurance Code, and an admitted insurer writing workers’ compensation insurance, as defined in Section 109 of the Insurance Code.
(4) “Qualified manufacturer” means a manufacturer of a controlled substance, but does not mean a wholesaler or nonresident wholesaler of dangerous drugs, regulated pursuant to Article 11 (commencing with Section 4160) of Chapter 9 of Division 2 of the Business and Professions Code, a veterinary food-animal drug retailer, regulated pursuant to Article 15 (commencing with Section 4196) of Chapter 9 of Division 2 of the Business and Professions Code, or an individual regulated by the Medical Board of California, the Dental Board of California, the California State Board of Pharmacy, the Veterinary Medical Board, the Board of Registered Nursing, the Physician Assistant Committee of the Medical Board of California, the Osteopathic Medical Board of California, the State Board of Optometry, or the California Board of Podiatric Medicine.
(Added by Stats. 2013, Ch. 400, Sec. 8. (SB 809) Effective January 1, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 4 - Prescriptions › ARTICLE 1 - Requirements of Prescriptions › Section 11165.6.

11165.6. A prescriber shall be allowed to access the CURES database for a list of patients for whom that prescriber is listed as a prescriber in the CURES database.
(Added by Stats. 2018, Ch. 274, Sec. 1. (AB 2086) Effective January 1, 2019.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 4 - Prescriptions › ARTICLE 1 - Requirements of Prescriptions › Section 11166.

11166. No person shall fill a prescription for a controlled substance after six months has elapsed from the date written on the prescription by the prescriber. No person shall knowingly fill a mutilated or forged or altered prescription for a controlled substance except for the addition of the address of the person for whom the controlled substance is prescribed as provided by paragraph (3) of subdivision (b) of Section 11164.
(Amended by Stats. 2003, Ch. 406, Sec. 19. Effective January 1, 2004.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 4 - Prescriptions › ARTICLE 1 - Requirements of Prescriptions › Section 11167.

11167. Notwithstanding subdivision (a) of Section 11164, in an emergency where failure to issue a prescription may result in loss of life or intense suffering, an order for a controlled substance may be dispensed on an oral order, an electronic data transmission order, or a written order not made on a controlled substance form as specified in Section 11162.1, subject to all of the following requirements:
(a)  The order contains all information required by subdivision (a) of Section 11164.
(b)  Any written order is signed and dated by the prescriber in ink, and the pharmacy reduces any oral or electronic data transmission order to hard copy form prior to dispensing the controlled substance.
(c)  The prescriber provides a written prescription on a controlled substance prescription form that meets the requirements of Section 11162.1, by the seventh day following the transmission of the initial order; a postmark by the seventh day following transmission of the initial order shall constitute compliance.
(d)  If the prescriber fails to comply with subdivision (c), the pharmacy shall so notify the Department of Justice in writing within 144 hours of the prescriber’s failure to do so and shall make and retain a hard copy, readily retrievable record of the prescription, including the date and method of notification of the Department of Justice.
(e)  This section shall become operative on January 1, 2005.
(Amended by Stats. 2012, Ch. 867, Sec. 8. (SB 1144) Effective January 1, 2013.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 4 - Prescriptions › ARTICLE 1 - Requirements of Prescriptions › Section 11167.5.

11167.5. (a)  An order for a controlled substance classified in Schedule II for a patient of a licensed skilled nursing facility, a licensed intermediate care facility, a licensed home health agency, or a licensed hospice may be dispensed upon an oral or electronically transmitted prescription. If the prescription is transmitted orally, the pharmacist shall, prior to filling the prescription, reduce the prescription to writing in ink in the handwriting of the pharmacist on a form developed by the pharmacy for this purpose. If the prescription is transmitted electronically, the pharmacist shall, prior to filling the prescription, produce, sign, and date a hard copy prescription. The prescriptions shall contain the date the prescription was orally or electronically transmitted by the prescriber, the name of the person for whom the prescription was authorized, the name and address of the licensed skilled nursing facility, licensed intermediate care facility, licensed home health agency, or licensed hospice in which that person is a patient, the name and quantity of the controlled substance prescribed, the directions for use, and the name, address, category of professional licensure, license number, and federal controlled substance registration number of the prescriber. The original shall be properly endorsed by the pharmacist with the pharmacy’s state license number, the name and address of the pharmacy, and the signature of the person who received the controlled substances for the licensed skilled nursing facility, licensed intermediate care facility, licensed home health agency, or licensed hospice. A licensed skilled nursing facility, a licensed intermediate care facility, a licensed home health agency, or a licensed hospice shall forward to the dispensing pharmacist a copy of any signed telephone orders, chart orders, or related documentation substantiating each oral or electronically transmitted prescription transaction under this section.
(b)  This section shall become operative on July 1, 2004.
(Repealed (in Sec. 23) and added by Stats. 2003, Ch. 406, Sec. 24. Effective January 1, 2004. Section operative July 1, 2004, by its own provisions.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 4 - Prescriptions › ARTICLE 1 - Requirements of Prescriptions › Section 11171.

11171. No person shall prescribe, administer, or furnish a controlled substance except under the conditions and in the manner provided by this division.
(Repealed and added by Stats. 1972, Ch. 1407.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 4 - Prescriptions › ARTICLE 1 - Requirements of Prescriptions › Section 11173.

11173. (a)  No person shall obtain or attempt to obtain controlled substances, or procure or attempt to procure the administration of or prescription for controlled substances, (1) by fraud, deceit, misrepresentation , or subterfuge; or (2) by the concealment of a material fact.
(b)  No person shall make a false statement in any prescription, order, report, or record, required by this division.
(c)  No person shall, for the purpose of obtaining controlled substances, falsely assume the title of, or represent himself to be, a manufacturer, wholesaler, pharmacist, physician, dentist, veterinarian, registered nurse, physician’s assistant, or other authorized person.
(d)  No person shall affix any false or forged label to a package or receptacle containing controlled substances.
(Amended by Stats. 1977, Ch. 843.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 4 - Prescriptions › ARTICLE 1 - Requirements of Prescriptions › Section 11174.

11174. No person shall, in connection with the prescribing, furnishing, administering, or dispensing of a controlled substance, give a false name or false address.
(Repealed and added by Stats. 1972, Ch. 1407.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 4 - Prescriptions › ARTICLE 1 - Requirements of Prescriptions › Section 11175.

11175. No person shall obtain or possess a prescription that does not comply with this division, nor shall any person obtain a controlled substance by means of a prescription which does not comply with this division or possess a controlled substance obtained by such a prescription.
(Amended by Stats. 1976, Ch. 896.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 4 - Prescriptions › ARTICLE 2 - Prescriber s Record › Section 11191.

11191. The record shall be preserved for three years.
Every person who violates any provision of this section is guilty of a misdemeanor.
(Amended by Stats. 1976, Ch. 896.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 4 - Prescriptions › ARTICLE 2 - Prescriber s Record › Section 11192.

11192. In a prosecution for a violation of Section 11190, proof that a defendant received or has had in his possession at any time a greater amount of controlled substances than is accounted for by any record required by law or that the amount of controlled substances possessed by a defendant is a lesser amount than is accounted for by any record required by law is prima facie evidence of a violation of the section.
(Amended by Stats. 1976, Ch. 637.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 4 - Prescriptions › ARTICLE 3 - Copies of Prescriptions › Section 11195.

11195. Whenever the pharmacist’s copy of a controlled substance prescription is removed by a peace officer, agent of the Attorney General, or inspector of the Board of Pharmacy, or investigator of the Division of Investigation of the Department of Consumer Affairs for the purpose of investigation or as evidence, the officer or inspector or investigator shall give to the pharmacist a receipt in lieu thereof.
(Added by Stats. 1972, Ch. 1407.)
2023 California Code › Health and Safety Code - HSC › DIVISION 10 - UNIFORM CONTROLLED SUBSTANCES ACT › CHAPTER 4 - Prescriptions › ARTICLE 4 - Refilling Prescriptions › Section 11200.

11200. (a)  No person shall dispense or refill a controlled substance prescription more than six months after the date thereof.
(b)  No prescription for a Schedule III or IV substance may be refilled more than five times and in an amount, for all refills of that prescription taken together, exceeding a 120-day supply.
(c)  No prescription for a Schedule II substance may be refilled.
(Amended by Stats. 1992, Ch. 616, Sec. 2. Effective January 1, 1993.)