California Business and Professions Code ARTICLE 2 - Definitions

• Section 4015.
  For purposes of this chapter, the definitions of the terms in this article shall govern the construction of this chapter, unless otherwise indicated.(Added by Stats....
• Section 4016.
  “Administer” means the direct application of a drug or device to the body of a patient or research subject by injection, inhalation, ingestion, or other...
• Section 4016.5.
  “Advanced practice pharmacist” means a licensed pharmacist who has been recognized as an advanced practice pharmacist by the board, pursuant to Section 4210. A board-recognized...
• Section 4017.
  “Authorized officers of the law” means inspectors of the California State Board of Pharmacy, inspectors of the Food and Drug Branch of the State Department...
• Section 4018.
  “Board” means the California State Board of Pharmacy.(Amended by Stats. 1997, Ch. 549, Sec. 12. Effective January 1, 1998.)
• Section 4019.
  An “order,” entered on the chart or medical record of a patient registered in a hospital or a patient under emergency treatment in the hospital,...
• Section 4021.
  “Controlled substance” means any substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code.(Amended by Stats. 1997,...
• Section 4021.5.
  “Correctional pharmacy” means a pharmacy, licensed by the board, located within a correctional facility for the purpose of providing pharmaceutical care to inmates of the...
• Section 4022.
  “Dangerous drug” or “dangerous device” means any drug or device unsafe for self-use in humans or animals, and includes the following:(a) Any drug that bears the...
• Section 4022.5.
  (a) “Designated representative” means an individual to whom a license has been granted pursuant to Section 4053. A pharmacist fulfilling the duties of Section 4053 shall...
• Section 4022.6.
  “Designated representative-reverse distributor” means an individual to whom a license has been granted pursuant to Section 4053.2, who is responsible for supervision over a licensed...
• Section 4022.7.
  (a) “Designated representative-3PL” means an individual to whom a license has been granted pursuant to Section 4053.1.(b) “Responsible manager” means a designated representative-3PL selected by a third-party...
• Section 4023.
  “Device” means any instrument, apparatus, machine, implant, in vitro reagent, or contrivance, including its components, parts, products, or the byproducts of a device, and accessories...
• Section 4023.5.
  For the purposes of this chapter, “direct supervision and control” means that a pharmacist is on the premises at all times and is fully aware...
• Section 4024.
  (a) Except as provided in subdivision (b), “dispense” means the furnishing of drugs or devices upon a prescription from a physician, dentist, optometrist, podiatrist, veterinarian, or...
• Section 4025.
  “Drug” means any of the following:(a) Articles recognized in the official United States Pharmacopoeia, official National Formulary or official Homeopathic Pharmacopoeia of the United States, or...
• Section 4025.1.
  “Nonprescription drug” means a drug which may be sold without a prescription and which is labeled for use by the consumer in accordance with the...
• Section 4025.2.
  “Nonprescription diabetes test device” means a glucose meter or test strip for use in the treatment of prediabetic or diabetic individuals that may be sold...
• Section 4026.
  “Furnish” means to supply by any means, by sale or otherwise.(Added by Stats. 1996, Ch. 890, Sec. 3. Effective January 1, 1997.)
• Section 4026.5.
  “Good standing” means a license issued by the board that is unrestricted by disciplinary action taken pursuant to Chapter 5 (commencing with Section 11500) of...
• Section 4027.
  (a) As used in this chapter, the terms “skilled nursing facility,” “intermediate care facility,” and other references to health facilities shall be construed with respect to...
• Section 4028.
  “Licensed hospital” means an institution, place, building, or agency that maintains and operates organized facilities for one or more persons for the diagnosis, care, and...
• Section 4029.
  (a) “Hospital pharmacy” means and includes a pharmacy, licensed by the board, located within any licensed hospital, institution, or establishment that maintains and operates organized facilities...
• Section 4030.
  “Intern pharmacist” means a person issued a license pursuant to Section 4208.(Amended by Stats. 2004, Ch. 695, Sec. 28. Effective January 1, 2005.)
• Section 4031.
  “Laboratory” means a research, teaching, or testing laboratory not engaged in the dispensing or furnishing of drugs or devices but using dangerous drugs or dangerous...
• Section 4032.
  “License” means and includes any license, permit, registration, certificate, or exemption issued by the board and includes the process of applying for and renewing the...
• Section 4033.
  (a) (1) “Manufacturer” means and includes every person who prepares, derives, produces, compounds, or repackages any drug or device except a pharmacy that manufactures on the immediate...
• Section 4034.
  “Outsourcing facility” means a facility that meets all of the following:(a) Is located within the United States of America at one address that is engaged in...
• Section 4034.5.
  An “emergency medical services automated drug delivery system” or “EMSADDS” means an automated drug delivery system that stores and distributes drugs for the sole purpose...
• Section 4035.
  “Person” includes, but is not limited to, firm, association, partnership, corporation, limited liability company, state governmental agency, trust, or political subdivision.(Amended by Stats. 2016, Ch....
• Section 4036.
  “Pharmacist” means a natural person to whom a license has been issued by the board, under Section 4200, except as specifically provided otherwise in this...
• Section 4036.5.
  “Pharmacist-in-charge” means a pharmacist proposed by a pharmacy and approved by the board as the supervisor or manager responsible for ensuring the pharmacy’s compliance with...
• Section 4037.
  (a) “Pharmacy” means an area, place, or premises licensed by the board in which the profession of pharmacy is practiced and where prescriptions are compounded. “Pharmacy”...
• Section 4038.
  (a) “Pharmacy technician” means an individual who assists a pharmacist in a pharmacy in the performance of his or her pharmacy related duties, as specified in...
• Section 4039.
  “Physicians,” “dentists,” “optometrists,” “pharmacists,” “podiatrists,” “veterinarians,” “veterinary surgeons,” “registered nurses,” “naturopathic doctors,” and “physician’s assistants” are persons authorized by a currently valid and unrevoked license...
• Section 4040.
  (a) “Prescription” means an oral, written, or electronic transmission order that is both of the following:(1) Given individually for the person or persons for whom ordered that...
• Section 4040.5.
  “Reverse distributor” means every person who acts as an agent for pharmacies, drug wholesalers, third-party logistics providers, manufacturers, and other entities by receiving, inventorying, warehousing,...
• Section 4041.
  “Veterinary food-animal drug retailer” is an area, place, or premises, other than a pharmacy, that holds a valid license from the Board of Pharmacy of...
• Section 4042.
  “Veterinary food-animal drugs” as used in this chapter shall include the following:(a) Any drug to be used in food-producing animals bearing the legend, “Caution, federal law...
• Section 4043.
  “Wholesaler” means and includes a person who acts as a wholesale merchant, broker, jobber, customs broker, reverse distributor, agent, or a nonresident wholesaler, who sells...
• Section 4044.
  “Repackager” means a person or entity that is registered with the federal Food and Drug Administration as a repackager and operates an establishment that packages...
• Section 4044.3.
  (a) “Remote dispensing site pharmacy” means a licensed pharmacy located in this state that is exclusively overseen and operated by a supervising pharmacy and staffed by...
• Section 4044.5.
  “Reverse third-party logistics provider” means an entity that processes or manages the disposition of an outdated or nonsaleable dangerous drug or dangerous device on behalf...
• Section 4044.6.
  (a) “Supervising pharmacy” means a licensed pharmacy located in this state that is owned and operated by a person or persons where the majority of the...
• Section 4044.7.
  “Telepharmacy” means a system that is used by a supervising pharmacy for the purpose of monitoring the dispensing of prescription drugs by a remote dispensing...
• Section 4045.
  “Third-party logistics provider” means an entity that provides or coordinates warehousing or other logistics services for a dangerous drug or dangerous device in intrastate or...
• Section 4046.
  “Surplus medication collection and distribution intermediary” means a firm, association, partnership, corporation, limited liability company, state governmental agency, or political subdivision that performs the functions...

Last modified: October 22, 2018