Law & Legal & Attorney Health Law

California Regulations for Mail Order Pharmacies

    Board

    • Formed in 1891, the California Board of Pharmacy operates as part of the department of Consumer Affairs; it has jurisdiction over how mail order pharmacies conduct business in the State of California. The 13-member board includes seven registered pharmacists. This body has the primary responsibility of ensuring that mail order pharmacies deliver high-quality pharmaceutical services by giving consumers adequate information for making their decision.

      In addition, the Board defends patients against prescription mishaps and forces pharmacies to assume responsibility for their decisions when dispensing drugs and medical devices. Residents who have complaints about mail order pharmacies can forward concerns to the Board for investigation.

    Disclosure

    • Nonresident mail order pharmacies must reveal to the California Board the names, titles and location of its process agent(s) and all principal corporate officers. In addition, the pharmacies must reveal the identities of general partners and any pharmacists who dispense drugs to California residents. The mail order pharmacy also has to submit an annual report and inform the board within 30 days after the change concerning a partner, officer or pharmacist.

    Information

    • Section 4112 of the California codes obliges nonresident mail order pharmacies to conform to requests for information. Whether the demand comes from the Board, licensing or a regulatory agency, pharmacies must respond in accordance with the regulation. Mail order pharmaceutical companies must also maintain a valid license in their resident state. In California, the entity must submit a copy of the latest inspection report conducted by the regulatory body for pharmacies in its home state of operation.

    Record Keeping

    • Records must have details of the distribution of dangerous drugs, controlled substances and dangerous devices to California residents. The records must be easily accessed and be separated from other records on dispensed drugs. California statutes require mail order pharmacies to have a pharmacist on duty during regular business hours--no fewer than 40 hours per week and a minimum of six days a week--who has access to patients' records and can address their questions. Each container of drugs dispensed to California residents must have a label with a toll-free phone number for the pharmacy.

    Oral Consultations

    • California statues give the Board the authority to develop regulations that require mail order and other nonresident pharmacies to adhere to similar standards required of California pharmacies. The law prohibits the Board from passing any law that requires face-to-face consultation to California residents.

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