How to Request a Pharmacy Law Waiver Related to COVID-19 Emergency
Gov. Gavin Newsom declared a statewide emergency March 4, 2020, to help the state prepare for the broader spread of COVID-19.
Under the provisions of Business and Professions Code section 4062, the Board has authority to waive provisions of Pharmacy Law or regulations adopted pursuant to it if, in the Board’s opinion, the waiver will aid in the protection of public health or provision of patient care. Under the Board’s policy, such a determination may be made at the discretion of the Board President for a period of up to 30 days.
Licensees may submit a request for a waiver to firstname.lastname@example.org. (Note: This email address is for any type of waiver, not just compounding.) The request should include the following information:
- License number(s).
- A brief statement regarding the extent of the waiver requested.
- A brief statement detailing how the declared emergency caused the need for the waiver.
- Relevant laws that the licensee is requesting be waived.
- Authorized contact person – Any owner, officer, member, pharmacist-in-charge, or other individual otherwise authorized to act on behalf of the licensee.
Board staff will respond to the authorized contact via email.
Waiver Requests Beyond the Board’s Authority – 3/24/20
In response to Governor Gavin Newsom’s declaration of emergency on March 4, 2020, the Board of Pharmacy has authority to waive provisions of Pharmacy Law or regulations adopted pursuant to it if, in the Board’s opinion, the waiver will aid in the protection of public health or provision of patient care. Under the Board’s policy, such a determination may be made at the discretion of the Board president for a period of up to 30 days.
A number of waiver requests submitted to the Board apply to provisions outside the purview of its waiver authority – i.e., beyond Chapter 9, Division 2 of the Business and Professions Code and Title 16, California Code of Regulations. The Board lacks the authority to approve such requests.
In addition, the Board has received a number of requests seeking to expand the scope of practice for its licensees. The Board has been advised that its waiver authority does not provide permission to expand the functions under BPC sections 4051 or 4052, or any of the additional functions allowed. As such the Board cannot consider or take action on these requests.