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. 28, July 12, 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.