California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 17 - California State Board of Pharmacy › Article 2 - Pharmacies › Section 1709.1 - Designation of Pharmacist-in-Charge

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The pharmacist-in-charge of a pharmacy
				shall be employed at that location and shall have responsibility for the daily
				operation of the pharmacy.
(b) The
				pharmacy owner shall vest the pharmacist-in-charge with adequate authority to
				assure compliance with the laws governing the operation of a
				pharmacy.
(c) No pharmacist shall
				be the pharmacist-in-charge of more than two pharmacies. If a pharmacist serves
				as pharmacist-in-charge at two pharmacies, those pharmacies shall not be
				separated by a driving distance of more than 50 miles.
(d) No pharmacist shall be the
				pharmacist-in-charge of a pharmacy while concurrently serving as the designated
				representative-in-charge for a wholesaler or a veterinary food-animal drug
				retailer.
(e) Notwithstanding
				subdivision (a), a pharmacy may designate any pharmacist who is an employee,
				officer or administrator of the pharmacy or the entity which owns the pharmacy
				and who is actively involved in the management of the pharmacy on a daily basis
				as the pharmacist-in-charge for a period not to exceed 120 days. The pharmacy,
				or the entity which owns the pharmacy, shall be prepared during normal business
				hours to provide a representative of the board with documentation of the
				involvement of a pharmacist-in-charge designated pursuant to this subdivision
				with the pharmacy and efforts to obtain and designate a permanent
				pharmacist-in-charge.
(f) A
				pharmacist may refuse to act as a pharmacist-in-charge at a second pharmacy if
				the pharmacist determines, in the exercise of his or her professional judgment,
				that assuming responsibility for a second pharmacy would interfere with the
				effective performance of the pharmacist's responsibilities under the Pharmacy
				Law. A pharmacist who refuses to become pharmacist-in-charge at a second
				pharmacy shall notify the pharmacy owner in writing of his or her
				determination, specifying the circumstances of concern that have led to that
				determination.
(g) A person
				employing a pharmacist may not 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.
1. New section
				  filed 2-5-91; operative 3-7-91 (Register 91, No. 11).
2. Amendment
				  of second paragraph filed 12-11-92; operative 1-11-93 (Register 92, No.
				  50).
3. Amendment of section and NOTE filed 5-29-97; operative
				  6-28-97 (Register 97, No. 22).
4. Amendment of section heading,
				  section and NOTE filed 9-2-2004; operative 10-2-2004 (Register 2004, No.
				  36).
5. Change without regulatory effect amending subsection (d)
				  filed 12-18-2007 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2007, No. 51).
Note: Authority cited: Section
					 4005,
					 Business and Professions Code. Reference: Sections
					 4081,
					 4113,
					 4305
					 and
					 4330,
					 Business and Professions Code.