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California State Board of Pharmacy

Duty to Consult (Title 16, California Code of Regulations, section 1707.2(a))

If the pharmacist-in-charge makes the determination that oral consultation, as required under Title 16, California Code of Regulations, section 1707.2(a), places the public and/or personnel at risk for exposure to COVID-19, in-person oral consultation may be waived under the following conditions: 

  1. The patient or patient’s agent receives a verbal and prominently written notice of his or her right to request consultation by telephone.
  2. The written notice includes the telephone number to call and the hours of availability during which the patient may obtain oral consultation from a pharmacist who has ready access to the patient’s records.
  3. A pharmacist is readily available to speak to the patient or patient’s agent during any regular hours of operation, unless additional hours of availability are provided and a return call is scheduled to occur within that time in the same business day, if acceptable to the patient. The pharmacist must make two good faith attempts to contact the patient by telephone and document the attempts or consultation. Documentation shall include the name of patient or prescription number, date, time and identification of pharmacist who provided consultation.
  4. A pharmacist may provide oral consultation to the patient or patient’s agent prior to the sale or delivery of a prescription.
  5. The pharmacy has policies and procedures in place to ensure compliance with the requirements of this waiver prior to implementation. 
  6. A pharmacist may consult with patients or patients’ agents using telephone, video chat or other method as acceptable to the patient.
  7. If a pharmacist deems consultation is warranted in the exercise of his or her professional judgment or if there is an adverse drug therapy warning deemed necessary after the review as required by Title 16, California Code of Regulations, section 1707.3, consultation must occur prior to the patient or the patient’s agent receiving the prescription.
  8. Documentation required by this waiver shall be maintained and readily retrievable for one year following the end of the declared emergency.

Effective: April 1, 2020

Expiration: October 31, 2021, or until 30 days after the emergency declaration is lifted, whichever is sooner.