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Bus. & Prof. Code, § 4051 · Article 3. Scope of Practice and Exemptions

Bus. & Prof. Code, § 4051

Verbatim from the official edition

Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)

(a) For the purposes of this section, “accepted standard of care” means the degree of care a prudent and reasonable pharmacist licensed pursuant to this chapter, with similar education, training, experience, resources, and setting, would exercise in a similar situation.

(b) Except as otherwise provided in this chapter, it is unlawful for any person to manufacture, compound, furnish, sell, or dispense a dangerous drug or dangerous device, or to dispense or compound a prescription pursuant to Section 4040 of a prescriber unless they are a pharmacist under this chapter.

(c) Notwithstanding any other law, a pharmacist may authorize the initiation of a prescription, pursuant to Section 4052, 4052.1, 4052.2, or 4052.6, and otherwise provide clinical advice, services, information, or patient consultation, as set forth in this chapter, if all of the following conditions are met:

(1) The clinical advice, services, information, or patient consultation is provided to a health care professional or to a patient or a patient’s agent.

(2) The pharmacist has access to prescription, patient profile, or other relevant medical information for purposes of patient and clinical consultation and advice.

(3) Access to the information described in paragraph (2) is secure from unauthorized access and use.

(4) The pharmacist provides the service or activity consistent with the accepted standard of care.

Notes and commentary — not statutory text

History

Amended by Stats. 2025, Ch. 196, Sec. 12. (AB 1503) Effective January 1, 2026.

Source of truth

Edition
As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
Official file
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC&sectionNum=4051.
Text hash
sha256 7c5613e612500cabdf5b9f8d8eb9d2f107efe247c1b0b8b688fe59fe5539b275
Composed by
compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section

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