(a) Notwithstanding any other law, a clinic licensed pursuant to Section 1204 may operate in shared clinic space with a clinic exempt from licensure pursuant to subdivision (b) of Section 1206 under the following conditions:
(1) Each clinic uses signage that clearly identifies which clinic is operating during the hours of operation.
(2) The licensed clinic reports the operating hours of both clinics.
(3) Each clinic maintains separate medical records.
(4) Each clinic maintains separate drug storage.
(5) Both clinics are licensed by the California State Board of Pharmacy pursuant to Section 4180.5 of the Business and Professions Code.
(b) The department may enter and inspect the shared space at any time pursuant to Section 1227 of the Health and Safety Code, including accessing records. The exempt clinic shall allow the department to access and inspect its records.
(c) The licensed clinic shall be responsible for any statutory or regulatory violations occurring on the premises.
(d) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of all-facility letters, or similar instructions, without taking regulatory action.
(e) This section shall become inoperative on January 1, 2021, and as of that date is repealed.
(Added by Stats. 2017, Ch. 548, Sec. 10. (AB 401) Effective January 1, 2018. Repealed as of January 1, 2021, by its own provisions.)
Last modified: October 25, 2018