Prohibited Acts involving Dangerous Drugs or Devices (BPC sections 4169(a)(1) and 4161(b))

A California-licensed pharmacy may receive dangerous drugs and dangerous devices from an unlicensed pharmacy, wholesaler, or third-party logistics provider located in another state to alleviate a temporary shortage of a dangerous drug or device that could result in the denial of health care under the following conditions:

1. The unlicensed location is appropriately licensed in its home state, and documentation of the license verification is maintained by the California pharmacy.
2. The pharmacy maintains documentation of the temporary shortage of any dangerous drug or device received from any pharmacy, wholesaler, or third-party logistics provider not licensed in California.
3. The pharmacy complies with all record-keeping requirements for each dangerous drug and device received from any pharmacy, wholesaler, or third-party logistics provider not licensed in California.
4. All documentation and records required above shall be maintained and readily retrievable for three years following the end of the declared emergency.
5. The dangerous drug or device was produced by an authorized FDA registered drug manufacturer.

Effective:  March 21, 2020

Expiration:  July 24, 2020, or until the emergency declaration is lifted, whichever is sooner.