11159.3. (a) Notwithstanding any other law, during a declared local, state, or federal emergency, if the California State Board of Pharmacy issues a notice that the board is waiving the application of the provisions of, or regulations adopted pursuant to, the Pharmacy Law, as specified in subdivision (b) of Section 4062 of the Business and Professions Code, a pharmacist may fill a prescription for a controlled substance for use by a patient who cannot access medications as a result of the declared local, state, or federal emergency, regardless of whether the prescription form meets the requirements of Section 11162.1, if the prescription meets the following requirements:
(1) Contains the information specified in subdivision (a) of Section 11164.
(2) Indicates that the patient is affected by a declared emergency with the words “11159.3 exemption” or a similar statement.
(3) Is written and dispensed within the first two weeks of the notice issued by the board.
(b) A pharmacist filling a prescription pursuant to this section shall do all of the following:
(1) Exercise appropriate professional judgment, including reviewing the patient’s activity report from the CURES Prescription Drug Monitoring Program before dispensing the medication.
(2) If the prescription is for a Schedule II controlled substance, dispense no greater than the amount needed for a seven-day supply.
(3) Require the patient to first demonstrate, to the satisfaction of the pharmacist, their inability to access medications. This demonstration may include, but is not limited to, verification of residency within an evacuation area.
(c) A pharmacist shall not refill a prescription that has been dispensed pursuant to this section.
(Added by Stats. 2019, Ch. 705, Sec. 1. (SB 569) Effective January 1, 2020.)
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