Article 2 - Definitions

California Business and Professions Code — §§ 4015-4046

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Sections (49)

Added by Stats. 1996, Ch. 890, Sec. 3. Effective January 1, 1997.

For purposes of this chapter, the definitions of the terms in this article shall govern the construction of this chapter, unless otherwise indicated.

Repealed and added by Stats. 1997, Ch. 549, Sec. 10. Effective January 1, 1998.

“Administer” means the direct application of a drug or device to the body of a patient or research subject by injection, inhalation, ingestion, or other means.

Amended by Stats. 2025, Ch. 196, Sec. 5. (AB 1503) Effective January 1, 2026.

“Advanced pharmacist practitioner” means a licensed pharmacist who has been recognized as an advanced pharmacist practitioner by the board, pursuant to Section 4210. A board-recognized advanced pharmacist practitioner is entitled to practice advanced practice pharmacy, as described in Section 4052.6, within or outside of a licensed pharmacy as authorized by this chapter.

Amended by Stats. 2010, Ch. 653, Sec. 20. (SB 1489) Effective January 1, 2011.

“Authorized officers of the law” means inspectors of the California State Board of Pharmacy, inspectors of the Food and Drug Branch of the State Department of Public Health, and investigators of the department’s Division of Investigation or peace officers engaged in official investigations.

Amended by Stats. 2021, Ch. 629, Sec. 6. (AB 1533) Effective January 1, 2022.

(a)An “automated drug delivery system” (ADDS) means a mechanical system that performs operations or activities, other than compounding or administration, relative to the storage, dispensing, or distribution of drugs. An ADDS shall collect, control, and maintain all transaction information to accurately track the movement of drugs into and out of the system for security, accuracy, and accountability.
(b)An “automated unit dose system” (AUDS) is an ADDS for storage and retrieval of unit doses of drugs for administration to patients by persons authorized to perform these functions.
(c)An “automated patient dispensing system” (APDS) is an ADDS for storage and dispensing of prescribed drugs directly to

patients pursuant to prior authorization by a pharmacist.

Amended by Stats. 1997, Ch. 549, Sec. 12. Effective January 1, 1998.

“Board” means the California State Board of Pharmacy.

Amended by Stats. 2000, Ch. 858, Sec. 1. Effective January 1, 2001.

An “order,” entered on the chart or medical record of a patient registered in a hospital or a patient under emergency treatment in the hospital, by or on the order of a practitioner authorized by law to prescribe drugs, shall be authorization for the administration of the drug from hospital floor or ward stocks furnished by the hospital pharmacy or under licensure granted under Section 4056, and shall be considered to be a prescription if the medication is to be furnished directly to the patient by the hospital pharmacy or another pharmacy furnishing prescribed drugs for hospital patients; provided that the chart or medical record of the patient contains all of the information required by Sections 4040 and 4070 and the order is signed by the practitioner authorized by law to prescribe drugs, if he or she is present when the drugs are given. If he or she is not present when the drugs are given, the order shall be signed either by the attending physician responsible for the patient’s care at the time the drugs are given to the patient or by the practitioner who ordered the drugs for the patient on the practitioner’s next visit to the hospital.

Amended by Stats. 1997, Ch. 549, Sec. 14. Effective January 1, 1998.

“Controlled substance” means any substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code.

Amended by Stats. 2020, Ch. 29, Sec. 1. (SB 118) Effective August 6, 2020.

(a)“Correctional pharmacy” means a pharmacy, licensed by the board, for the purpose of providing drugs and pharmaceutical care to inmates of the Department of Corrections and Rehabilitation.
(b)As part of its pharmaceutical care, a correctional pharmacy may dispense or administer medication pursuant to a chart order, as defined in Section 4019, or other valid prescription consistent with this chapter.

Amended by Stats. 2003, Ch. 250, Sec. 1. Effective January 1, 2004.

“Dangerous drug” or “dangerous device” means any drug or device unsafe for self-use in humans or animals, and includes the following:

(a)Any drug that bears the legend: “Caution: federal law prohibits dispensing without prescription,” “Rx only,” or words of similar import.
(b)Any device that bears the statement: “Caution: federal law restricts this device to sale by or on the order of a ____,” “Rx only,” or words of similar import, the blank to be filled in with the designation of the practitioner licensed to use or order use of the device.
(c)Any other drug or device that by federal or state law can be lawfully dispensed only on prescription or furnished pursuant to Section 4006.

Amended by Stats. 2021, Ch. 629, Sec. 7. (AB 1533) Effective January 1, 2022.

(a)“Designated representative” means an individual to whom a license has been granted pursuant to Section 4053. A pharmacist fulfilling the duties of Section 4053 shall not be required to obtain a license as a designated representative.
(b)“Designated representative-in-charge” means a designated representative or designated representative-reverse distributor, or a pharmacist licensed in the home state proposed by a wholesaler or veterinary food-animal drug retailer and approved by the board as the supervisor or manager responsible for ensuring the wholesaler’s or veterinary food-animal drug retailer’s compliance with all state and federal laws and regulations pertaining to practice in the applicable license category.

Added by Stats. 2017, Ch. 598, Sec. 2. (SB 752) Effective January 1, 2018.

“Designated representative-reverse distributor” means an individual to whom a license has been granted pursuant to Section 4053.2, who is responsible for supervision over a licensed wholesaler that only acts as a reverse distributor. A pharmacist fulfilling the duties of Section 4053.2 shall not be required to obtain a license as a designated representative-reverse distributor.

Amended by Stats. 2021, Ch. 629, Sec. 8. (AB 1533) Effective January 1, 2022.

(a)“Designated representative-3PL” means an individual to whom a license has been granted pursuant to Section 4053.1. A pharmacist fulfilling the duties of Section 4053.1 shall not be required to obtain a license as a designated representative-3PL.
(b)“Responsible manager” means a designated representative-3PL selected by a third-party logistics provider and approved by the board as responsible for ensuring compliance of the licensed place of business with state and federal laws with respect to dangerous drugs and dangerous devices received by, stored in, or shipped from the licensed place of business of the third-party logistics provider.

Amended by Stats. 1997, Ch. 549, Sec. 16. Effective January 1, 1998.

“Device” means any instrument, apparatus, machine, implant, in vitro reagent, or contrivance, including its components, parts, products, or the byproducts of a device, and accessories that are used or intended for either of the following:

(a)Use in the diagnosis, cure, mitigation, treatment, or prevention of disease in a human or any other animal.
(b)To affect the structure or any function of the body of a human or any other animal.

For purposes of this chapter, “device” does not include contact lenses, or any prosthetic or orthopedic device that does not require a prescription.

Added by Stats. 2005, Ch. 621, Sec. 47. Effective January 1, 2006.

For the purposes of this chapter, “direct supervision and control” means that a pharmacist is on the premises at all times and is fully aware of all activities performed by either a pharmacy technician or intern pharmacist.

Amended by Stats. 2022, Ch. 413, Sec. 22. (AB 2684) Effective January 1, 2023.

(a)Except as provided in subdivision (b), “dispense” means the furnishing of drugs or devices upon a prescription from a physician, nurse practitioner practicing pursuant to Section 2837.103 or 2837.104, dentist, optometrist, podiatrist, veterinarian, or naturopathic doctor pursuant to Section 3640.7, or upon an order to furnish drugs or transmit a prescription from a certified nurse-midwife, nurse practitioner practicing pursuant to Section 2836.1, physician assistant, naturopathic doctor pursuant to Section 3640.5, or pharmacist acting within the scope of their practice.
(b)“Dispense” also means and refers to the furnishing of drugs or devices directly to a patient by a physician, nurse practitioner practicing pursuant to

Section 2837.103 or 2837.104, dentist, optometrist, podiatrist, or veterinarian, or by a certified nurse-midwife, nurse practitioner practicing pursuant to Section 2836.1, naturopathic doctor, or physician assistant acting within the scope of their practice.

Amended by Stats. 1997, Ch. 549, Sec. 18. Effective January 1, 1998.

“Drug” means any of the following:

(a)Articles recognized in the official United States Pharmacopoeia, official National Formulary or official Homeopathic Pharmacopoeia of the United States, or any supplement of any of them.
(b)Articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals.
(c)Articles (other than food) intended to affect the structure or any function of the body of humans or other animals.
(d)Articles intended for use as a component of any article specified in subdivision (a), (b), or (c).

Added by Stats. 1997, Ch. 549, Sec. 19. Effective January 1, 1998.

“Nonprescription drug” means a drug which may be sold without a prescription and which is labeled for use by the consumer in accordance with the requirements of the laws and rules of this state and the federal government.

Added by Stats. 2017, Ch. 139, Sec. 1. (AB 602) Effective July 31, 2017.

“Nonprescription diabetes test device” means a glucose meter or test strip for use in the treatment of prediabetic or diabetic individuals that may be sold without a prescription and that is labeled for use by the consumer in accordance with the requirements of the laws and rules of this state and the federal government.

Added by Stats. 1996, Ch. 890, Sec. 3. Effective January 1, 1997.

“Furnish” means to supply by any means, by sale or otherwise.

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