(a) Notwithstanding Section 4059 or any other provision of law, a pharmacist may, in good faith, furnish a dangerous drug or dangerous device in reasonable quantities without a prescription during a federal, state, or local emergency, to further the health and safety of the public. A record containing the date, name, and address of the person to whom the drug or device is furnished, and the name, strength, and quantity of the drug or device furnished shall be maintained. The pharmacist shall communicate this information to the patient’s attending physician as soon as possible. Notwithstanding Section 4060 or any other provision of law, a person may possess a dangerous drug or dangerous device furnished without prescription pursuant to this section.
(b) During a declared federal, state, or local emergency, the board may waive application of any provisions of this chapter or the regulations adopted pursuant to it if, in the board’s opinion, the waiver will aid in the protection of public health or the provision of patient care.
(c) During a declared federal, state, or local emergency, the board shall allow for the employment of a mobile pharmacy in impacted areas in order to ensure the continuity of patient care, if all of the following conditions are met:
(1) The mobile pharmacy shares common ownership with at least one currently licensed pharmacy in good standing.
(2) The mobile pharmacy retains records of dispensing, as required by subdivision (a).
(3) A licensed pharmacist is on the premises and the mobile pharmacy is under the control and management of a pharmacist while the drugs are being dispensed.
(4) Reasonable security measures are taken to safeguard the drug supply maintained in the mobile pharmacy.
(5) The mobile pharmacy is located within the declared emergency area or affected areas.
(6) The mobile pharmacy ceases the provision of services within 48 hours following the termination of the declared emergency.
(Amended by Stats. 2009, Ch. 308, Sec. 48. (SB 819) Effective January 1, 2010.)
Last modified: October 25, 2018