Bus. & Prof. Code, § 4061 · Article 3. Scope of Practice and Exemptions
Bus. & Prof. Code, § 4061
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) No manufacturer’s sales representative shall distribute any dangerous drug or dangerous device as a complimentary sample without the written request of a physician, dentist, podiatrist, optometrist, veterinarian, nurse practitioner practicing pursuant to Section 2837.103 or 2837.104, or naturopathic doctor pursuant to Section 3640.7. However, a certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51, a nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1, or protocol, a physician assistant who functions pursuant to a protocol described in Section 3502.1, or a naturopathic doctor who functions pursuant to a standardized procedure or protocol described in Section 3640.5, may sign for the request and receipt of complimentary samples of a dangerous drug or dangerous device that has been identified in the standardized procedure, protocol, or practice agreement. Standardized procedures, protocols, and practice agreements shall include specific approval by a physician. A review process, consistent with the requirements of Section 2725, 3502.1, or 3640.5, of the complimentary samples requested and received by a nurse practitioner practicing pursuant to Section 2836.1, certified nurse-midwife, physician assistant, or naturopathic doctor, shall be defined within the standardized procedure, protocol, or practice agreement.
(b) Each written request shall contain the names and addresses of the supplier and the requester, the name and quantity of the specific dangerous drug desired, the name of the certified nurse-midwife, nurse practitioner, physician assistant, or naturopathic doctor, if applicable, receiving the samples pursuant to this section, the date of receipt, and the name and quantity of the dangerous drugs or dangerous devices provided. These records shall be preserved by the supplier with the records required by Section 4059.
(c) Nothing in this section is intended to expand the scope of practice of a certified nurse-midwife, nurse practitioner, physician assistant, or naturopathic doctor.
Notes and commentary — not statutory text
History
Amended by Stats. 2022, Ch. 413, Sec. 25. (AB 2684) Effective January 1, 2023.
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§ionNum=4061.
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- sha256 4b27e9e7400121ef3c41e196776f87831fae8d4a523bd8fcafb298a5e6167ee7
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- 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
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Business and Professions Code
- Bus. & Prof. Code, § 2746.51Printed as Section 2746.51
- Bus. & Prof. Code, § 2836.1Printed as Section 2836.1
- Bus. & Prof. Code, § 2837.103Printed as Section 2837.103 or 2837.104
- Bus. & Prof. Code, § 2837.104Printed as Section 2837.103 or 2837.104
- Bus. & Prof. Code, § 3502.1Printed as Section 3502.1
- Bus. & Prof. Code, § 3640.5Printed as Section 3640.5
- Bus. & Prof. Code, § 3640.7Printed as Section 3640.7
- Bus. & Prof. Code, § 4059Printed as Section 4059
Cited by 1 provision
Provisions in this library whose text cites Bus. & Prof. Code, § 4061. Each shows the citation as that text prints it.
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