Statutory Changes in Pharmacy Law for 2023 - Marcarian Law Firm Resources
                     Statutory Changes in Pharmacy Law 
Unless otherwise noted, these provisions take effect January 1, 2023. 
Underline text is added language. Strikethrough text is deleted language. 
 
Business and Professions Code 
 
Section 688 of the Business and Professions Code is amended to read: 
 
688. 
(a) On and after January 1, 2022, a A health care practitioner authorized to issue a 
prescription pursuant to Section 4040 shall have the capability to issue an electronic 
data transmission prescription, as defined under Section 4040, on behalf of a patient 
and to transmit that electronic data transmission prescription to a pharmacy selected 
by the patient. 
(b)(1) On and after January 1, 2022, a A pharmacy, pharmacist, or other practitioner 
authorized under California law to dispense or furnish a prescription pursuant to 
Section 4040 shall have the capability to receive an electronic data transmission 
prescription on behalf of a patient. 
(2) A pharmacy, pharmacist, or other practitioner authorized under California law to 
dispense or furnish a prescription pursuant to Section 4040 shall not refuse to 
dispense or furnish an electronic data transmission prescription solely because 
the prescription was not submitted via, or is not compatible with, the proprietary 
software of the pharmacy, pharmacist, or other dispensing practitioner. 
(3) A pharmacy, pharmacist, or other practitioner authorized under California law to 
dispense or furnish a prescription pursuant to Section 4040 may decline to 
dispense or furnish an electronic data transmission prescription submitted via a 
software that fails to meet any of the following: 
(A) Adheres to the National Council for Prescription Drug Programs SCRIPT 
standard, as modified from time to time. 
(B) Complies with the prescription content requirements set forth in Section 4040. 
(C) For a controlled substance prescription, complies with Parts 1300, 1304, 
1306, and 1311 of Title 21 of the Code of Federal Regulations, as amended 
from time to time. 
(D) Complies with the federal Health Insurance Portability and Accountability Act 
of 1996, the California Confidentiality of Medical Information Act, or the 
security and confidentiality requirements prescribed to by the pharmacy, 
pharmacist, or other practitioner authorized pursuant to Section 4040. 
(c) For a prescription for a controlled substance, as defined by Section 4021, generation 
and transmission of the electronic data transmission prescription shall comply with 
Parts 1300, 1304, 1306, and 1311 of Title 21 of the Code of Federal Regulations, as 
amended from time to time. 
(d) On and after January 1, 2022, a A prescription prescribed by a health care 
practitioner shall be issued as an electronic data transmission prescription. This 
subdivision shall not apply to prescriptions issued pursuant to subdivision (e). 
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(e) Subdivision (d) shall not apply to any of the following: 
(1) The prescription is issued pursuant to Section 11159.2 of the Health and Safety 
Code. 
(2) An electronic data transmission prescription is not available unavailable due to a 
temporary technological or electrical failure. For purposes of this paragraph, 
“temporary technological or electrical failure” means failure of a computer 
system, application, or device, or the loss of electrical power to that system, 
application, or device, or any other service interruption affecting the certified 
electronic data transmission prescription application used to transmit the 
prescription. 
(3) The prescribing health care practitioner is issuing a prescription to be dispensed 
by a pharmacy located outside California. 
(4)(A) The prescription is issued in a hospital emergency department or urgent care 
clinic and one or more of the following conditions are present: 
(i) The patient resides outside California. 
(ii) The patient resides outside the geographic area of the hospital. 
(iii) The patient is homeless or indigent and does not have a preferred 
pharmacy. 
(iv) The prescription is issued at a time when a patient’s regular or preferred 
pharmacy is likely to be closed. 
(B) Under any of the conditions described in subparagraph (A), a prescription 
shall be electronically issued but does not require electronic transmission and 
may be provided directly to the patient. 
(5) The prescription is issued by a veterinarian. 
(6) The prescription is for eyeglasses or contact lenses. 
(7) The prescription is issued by a prescribing health care practitioner and the 
dispenser are the same entity. serving as a volunteer in a free clinic and receives 
no remuneration for their services.  
(8) The prescribing health care practitioner and the dispenser are the same entity. 
(8)(9) The prescription is issued by a prescribing health care practitioner under 
circumstances whereby the practitioner reasonably determines that it would be 
impractical for the patient to obtain substances prescribed by an electronic data 
transmission prescription in a timely manner, and the delay would adversely 
impact the patient’s medical condition. 
(9)(10) The prescription that is issued includes elements not covered by the latest 
version of the National Council for Prescription Drug Programs’ SCRIPT 
standard, as amended from time to time. 
(11)(A) The prescriber registers with the California State Board of Pharmacy in a 
manner and format determined by the board, stating that they meet one or more of 
the following criteria: 
(i) Their practice is located in the area of an emergency or disaster declared by a 
federal, state, or local government. 
(ii) They issue 100 or fewer prescriptions per calendar year. 
(iii) They are unable to issue electronic data transmission prescriptions due to 
circumstances beyond their control. 
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(B) The prescriber shall annually submit the registration required in subparagraph 
(A) to the California State Board of Pharmacy and maintain documentation of the 
circumstances qualifying them for exemption under subparagraph (A). 
(C) The California State Board of Pharmacy shall post a list of prescribers meeting 
the requirements of subparagraph (A) on its internet website. 
(f) A health care practitioner who issues a prescription for a controlled substance but 
does not transmit the prescription as an electronic data transmission prescription 
shall document the reason in the patient’s medical record as soon as practicable and 
within 72 hours of the end of the technological or electrical failure that prevented the 
electronic data transmission of the prescription. 
(g)(1) A pharmacy that receives an electronic data transmission prescription from a 
prescribing health care practitioner who has issued the prescription but has not 
dispensed the medication to the patient shall, at the request of the patient or a 
person authorized to make a request on behalf of the patient, immediately transfer or 
forward the electronic data transmission prescription to an alternative pharmacy 
designated by the requester. requester, unless one of the following applies:  
(A) The action would result in a violation of any state or federal law. 
(B) The action is not supported by the latest version of the National Council for 
Prescription Drug Programs SCRIPT standard, as amended from time to 
time. 
(2) If a pharmacy is prohibited from transferring or forwarding electronic data 
transmission prescriptions, as specified in paragraph (1), to a designated 
alternative pharmacy, and that prohibition is subsequently removed, then that 
pharmacy shall implement, within one year from the date the prohibition is 
removed, the necessary provisions to allow for the transferring or forwarding of 
an electronic data transmission prescription. 
(h) If a pharmacy, or its staff, is aware than an attempted transmission of an electronic 
data transmission prescription failed, is incomplete, or is otherwise not appropriately 
received, the pharmacy shall immediately notify the prescribing health care 
practitioner. 
(i) A pharmacist who receives a written, oral, or faxed prescription shall not be required 
to verify that the prescription properly falls under one of the exceptions in subdivision 
(e). Pharmacists may continue to dispense medications from legally valid written, 
oral, or fax prescriptions pursuant to this division. 
(j) A health care practitioner, pharmacist, or pharmacy who fails to meet the applicable 
requirements of this section shall be referred to the appropriate state professional 
licensing board solely for administrative sanctions, as deemed appropriate by that 
board. This section does not create a private right of action against a health care 
practitioner. This section does not limit a health care practitioner’s liability for the 
negligent failure to diagnose or treat a patient. 
(k) This section shall not apply to a health care practitioner, pharmacist, or pharmacy 
when providing health care services to an inmate, individual on parole, or youth 
under the jurisdiction of the Department of Corrections and Rehabilitation. 
 
  
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Section 1203.41 of the Penal Code is amended to read: 
 
1203.41. 
(a) If a defendant is sentenced pursuant to paragraph (5) of subdivision (h) of Section 
1170, convicted of a felony, the court, in its discretion and in the interests of justice, 
may order the following relief, subject to the conditions of subdivision (b): 
(1) The court may permit the defendant to withdraw his or her their plea of guilty or 
plea of nolo contendere and enter a plea of not guilty, or, if he or she the 
defendant has been convicted after a plea of not guilty, the court shall set aside 
the verdict of guilty, and, in either case, the court shall thereupon dismiss the 
accusations or information against the defendant and he or she the 
defendant shall thereafter be released from all penalties and disabilities resulting 
from the offense of which he or she has they have been convicted, except as 
provided in Section 13555 of the Vehicle Code. 
(2) The relief available under this section may be granted only after the lapse of one 
year following the defendant’s completion of the sentence, if the sentence was 
imposed pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of 
Section 1170, or after the lapse of two years following the defendant’s completion 
of the sentence, if the sentence was imposed pursuant to subparagraph (A) of 
paragraph (5) of subdivision (h) of Section 1170.1170 or if the defendant was 
sentenced to the state prison.  
(3) The relief available under this section may be granted only if the defendant is 
not on parole or under supervision pursuant to subparagraph (B) of paragraph (5) 
of subdivision (h) of Section 1170, and is not serving a sentence for, on probation 
for, or charged with the commission of any offense. 
(4) The defendant shall be informed, either orally or in writing, of the provisions of 
this section and of his or her their right, if any, to petition for a certificate of 
rehabilitation and pardon at the time he or she is they are sentenced. 
(5) The defendant may make the application and change of plea in person or by 
attorney, or by a probation officer authorized in writing. 
(6) If the defendant seeks relief under this section for a felony that resulted in a 
sentence to the state prison, the relief available under this section may only be 
granted if that felony did not result in a requirement to register as a sex offender 
pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1. 
(b) Relief granted pursuant to subdivision (a) is subject to all of the following conditions: 
(1) In any subsequent prosecution of the defendant for any other offense, the prior 
conviction may be pleaded and proved and shall have the same effect as if the 
accusation or information had not been dismissed. 
(2) The order shall state, and the defendant shall be informed, that the order does 
not relieve him or her them of the obligation to disclose the conviction in 
response to any direct question contained in any questionnaire or application for 
public office, for licensure by any state or local agency, or agency or by a 
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federally recognized tribe, or for contracting with the California State Lottery 
Commission. 
(3) Dismissal of an accusation or information pursuant to this section does not permit 
a person to own, possess, or have in his or her their custody or control any 
firearm or prevent his or her their conviction under Chapter 2 (commencing with 
Section 29800) of Division 9 of Title 4 of Part 6. 
(4) Dismissal of an accusation or information underlying a conviction pursuant to this 
section does not permit a person prohibited from holding public office as a result 
of that conviction to hold public office. 
(c) This section applies to any conviction specified in subdivision (a) that occurred 
before, on, or after January 1, 2014.2021.  
(d) A person who petitions for a change of plea or setting aside of a verdict under this 
section may be required to reimburse the court for the actual costs of services 
rendered, whether or not the petition is granted and the records are sealed or 
expunged, at a rate to be determined by the court not to exceed one hundred fifty 
dollars ($150), and to reimburse the county for the actual costs of services rendered, 
whether or not the petition is granted and the records are sealed or expunged, at a 
rate to be determined by the county board of supervisors not to exceed one hundred 
fifty dollars ($150), and to reimburse any city for the actual costs of services 
rendered, whether or not the petition is granted and the records are sealed or 
expunged, at a rate to be determined by the city council not to exceed one hundred 
fifty dollars ($150). Ability to make this reimbursement shall be determined by the 
court using the standards set forth in paragraph (2) of subdivision (g) of Section 
987.8 and shall not be a prerequisite to a person’s eligibility under this section. The 
court may order reimbursement in any case in which the petitioner appears to have 
the ability to pay, without undue hardship, all or any portion of the costs for services 
established pursuant to this subdivision. 
(e)(1) Relief shall not be granted under this section unless the prosecuting attorney has 
been given 15 days’ notice of the petition for relief. The probation officer shall notify 
the prosecuting attorney when a petition is filed, pursuant to this section. 
(2) It shall be presumed that the prosecuting attorney has received notice if proof of 
service is filed with the court. 
(f) If, after receiving notice pursuant to subdivision (e), the prosecuting attorney fails to 
appear and object to a petition for dismissal, the prosecuting attorney may shall not 
move to set aside or otherwise appeal the grant of that petition. 
(g) Relief granted pursuant to this section does not release the defendant from the 
terms and conditions of any unexpired criminal protective orders that have been 
issued by the court pursuant to paragraph (1) of subdivision (i) of Section 136.2, 
subdivision (j) of Section 273.5, subdivision (l) of Section 368, or subdivision (k) of 
Section 646.9. These protective orders shall remain in full effect until expiration or 
until any further order by the court modifying or terminating the order, despite the 
dismissal of the underlying accusation or information. 
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(h) Relief granted pursuant to this section does not affect the authority to receive, or 
take adverse action based on, criminal history information, including the authority to 
receive certified court records received or evaluated pursuant to Section 1522, 
1568.09, 1569.17, or 1596.871 of the Health and Safety Code, or pursuant to any 
statutory or regulatory provisions that incorporate the criteria of those sections. 
Relief granted pursuant to this section does not make eligible a person who is 
otherwise ineligible to provide, or receive payment for providing, in-home supportive 
services pursuant to Article 7 (commencing with Section 12300) of Chapter 3 of Part 
3 of Division 9 of the Welfare and Institutions Code, or pursuant to Section 
14132.95, 14132.952, or 14132.956 of the Welfare and Institutions Code. 
 
Section 1203.425 of the Penal Code is amended to read: 
 
1203.425. 
(a)(1)(A) Commencing July 1, 2022, and subject to an appropriation in the annual 
Budget Act, on a monthly basis, the Department of Justice shall review the records 
in the statewide criminal justice databases, and based on information in the state 
summary criminal history repository and the Supervised Release File, shall identify 
persons with convictions that meet the criteria set forth in subparagraph (B) and are 
eligible for automatic conviction record relief. 
(B) A person is eligible for automatic conviction relief pursuant to this section if 
they meet all of the following conditions: 
(i) The person is not required to register pursuant to the Sex Offender 
Registration Act. 
(ii) The person does not have an active record for local, state, or federal 
supervision in the Supervised Release File. 
(iii) Based upon the information available in the department’s record, including 
disposition dates and sentencing terms, it does not appear that the person 
is currently serving a sentence for an offense and there is no indication of 
pending criminal charges. 
(iv) Except as otherwise provided in subclause (III) of clause (v), there is no 
indication that the conviction resulted in a sentence of incarceration in the 
state prison. 
(v) The conviction occurred on or after January 1, 1973, and meets either of 
the following criteria: 
(I) The defendant was sentenced to probation and, based upon the 
disposition date and the term of probation specified in the department’s 
records, appears to have completed their term of probation without 
revocation. 
(II) The defendant was convicted of an infraction or misdemeanor, was not 
granted probation, and, based upon the disposition date and the term 
specified in the department’s records, the defendant appears to have 
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completed their sentence, and at least one calendar year has elapsed 
since the date of judgment. 
(2)(A) Except as specified in subdivision (b), the department shall grant relief, 
including dismissal of a conviction, to a person identified pursuant to 
paragraph (1) without requiring a petition or motion by a party for that relief if 
the relevant information is present in the department’s electronic records. 
(B) The state summary criminal history information shall include, directly next to 
or below the entry or entries regarding the person’s criminal record, a note 
stating “relief granted,” listing the date that the department granted relief and 
this section. This note shall be included in all statewide criminal databases 
with a record of the conviction. 
(C) Except as otherwise provided in paragraph (4) and in Section 13555 of the 
Vehicle Code, a person granted conviction relief pursuant to this section shall 
be released from all penalties and disabilities resulting from the offense of 
which the person has been convicted. 
(3)(A) Commencing July 1, 2022, and subject to an appropriation in the annual 
Budget Act, on a monthly basis, the department shall electronically submit a 
notice to the superior court having jurisdiction over the criminal case, 
informing the court of all cases for which a complaint was filed in that 
jurisdiction and for which relief was granted pursuant to this section. 
Commencing on January August 1, 2023, 2022,  for any record retained by 
the court pursuant to Section 68152 of the Government Code, except as 
provided in paragraph (4), the court shall not disclose information concerning 
a conviction granted relief pursuant to this section or Section 1203.4, 
1203.4a, 1203.41, or 1203.42, to any person or entity, in any format, except 
to the person whose conviction was granted relief or a criminal justice 
agency, as defined in Section 851.92. 
(B) If probation is transferred pursuant to Section 1203.9, the department shall 
electronically submit a notice as provided in subparagraph (A) to both the 
transferring court and any subsequent receiving court. The electronic notice 
shall be in a mutually agreed upon format. 
(C) If a receiving court reduces a felony to a misdemeanor pursuant to 
subdivision (b) of Section 17, or dismisses a conviction pursuant to law, 
including, but not limited to, Section 1203.4, 1203.4a, 1203.41, 1203.42, 
1203.43, or 1203.49, it shall furnish a disposition report to the department 
with the original case number and CII number from the transferring court. The 
department shall electronically submit a notice to the superior court that 
sentenced the defendant. If probation is transferred multiple times, the 
department shall electronically submit a notice to all other involved courts. 
The electronic notice shall be in a mutually agreed upon format. 
(D) If a court receives notification from the department pursuant to subparagraph 
(B), the court shall update its records to reflect the reduction or dismissal. If a 
court receives notification that a case was dismissed pursuant to this section 
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or Section 1203.4, 1203.4a, 1203.41, or 1203.42, the court shall update its 
records to reflect the dismissal and shall not disclose information concerning 
a conviction granted relief to any person or entity, in any format, except to the 
person whose conviction was granted relief or a criminal justice agency, as 
defined in Section 851.92. 
(4) Relief granted pursuant to this section is subject to the following conditions: 
(A) Relief granted pursuant to this section does not relieve a person of the 
obligation to disclose a criminal conviction in response to a direct question 
contained in a questionnaire or application for employment as a peace officer, 
as defined in Section 830. 
(B) Relief granted pursuant to this section does not relieve a person of the 
obligation to disclose the conviction in response to a direct question contained 
in a questionnaire or application for public office, or for contracting with the 
California State Lottery Commission. 
(C) Relief granted pursuant to this section has no effect on the ability of a 
criminal justice agency, as defined in Section 851.92, to access and use 
records that are granted relief to the same extent that would have been 
permitted for a criminal justice agency had relief not been granted. 
(D) Relief granted pursuant to this section does not limit the jurisdiction of the 
court over a subsequently filed motion to amend the record, petition or motion 
for postconviction relief, or collateral attack on a conviction for which relief has 
been granted pursuant to this section. 
(E) Relief granted pursuant to this section does not affect a person’s 
authorization to own, possess, or have in the person’s custody or control a 
firearm, or the person’s susceptibility to conviction under Chapter 2 
(commencing with Section 29800) of Division 9 of Title 4 of Part 6, if the 
criminal conviction would otherwise affect this authorization or susceptibility. 
(F) Relief granted pursuant to this section does not affect a prohibition from 
holding public office that would otherwise apply under law as a result of the 
criminal conviction. 
(G) Relief granted pursuant to this section does not release a person from the 
terms and conditions of any unexpired criminal protective order that has been 
issued by the court pursuant to paragraph (1) of subdivision (i) of Section 
136.2, subdivision (j) of Section 273.5, subdivision (l) of Section 368, or 
subdivision (k) of Section 646.9. These protective orders shall remain in full 
effect until expiration or until any further order by the court modifying or 
terminating the order, despite the dismissal of the underlying conviction. 
(H) Relief granted pursuant to this section does not affect the authority to receive, 
or take adverse action based on, criminal history information, including the 
authority to receive certified court records received or evaluated pursuant to 
Section 1522, 1568.09, 1569.17, or 1596.871 of the Health and Safety Code, 
or pursuant to any statutory or regulatory provisions that incorporate the 
criteria of those sections. 
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(I) Relief granted pursuant to this section does not make eligible a person who is 
otherwise ineligible to provide, or receive payment for providing, in-home 
supportive services pursuant to Article 7 (commencing with Section 12300) of 
Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code, or 
pursuant to Section 14132.95, 14132.952, or 14132.956 of the Welfare and 
Institutions Code. 
(J) In a subsequent prosecution of the defendant for any other offense, the prior 
conviction may be pleaded and proved and shall have the same effect as if 
the relief had not been granted. 
(K)(i) Relief granted pursuant to this section does not affect the authority to 
receive, or take adverse action based on, criminal history information, 
including the authority to receive certified court records received or evaluated 
pursuant to Article 1 (commencing with Section 44000) of Chapter 1, Article 3 
(commencing with Section 44240) and Article 8 (commencing with Section 
44330) of Chapter 2, Article 1 (commencing with Section 44420) of Chapter 3, 
Article 3 (commencing with Section 44930) of Chapter 4, and Article 1 
(commencing with Section 45100) and Article 6 (commencing with Section 
45240) of Chapter 5, of Part 25 of Division 3 of Title 2 of the Education Code, 
or pursuant to any statutory or regulatory provisions that relate to, 
incorporate, expand upon, or interpret the authority of those provisions. 
(ii) Notwithstanding clause (i) or any other law, information relating to a 
conviction for a controlled substance offense listed in Section 11350 or 
11377, or former Section 11500 or 11500.5, of the Health and Safety 
Code that is more than five years old, for which relief is granted pursuant 
to this section, shall not be disclosed. 
(5) This section shall not limit petitions, motions, or orders for relief in a criminal 
case, as required or authorized by any other law, including, but not limited to, 
Sections 1203.4 and 1204.4a. 
(6) Commencing July 1, 2022, and subject to an appropriation in the annual Budget 
Act, the department shall annually publish statistics for each county regarding the 
total number of convictions granted relief pursuant to this section and the total 
number of convictions prohibited from automatic relief pursuant to subdivision 
(b), on the OpenJustice Web portal, as defined in Section 13010. 
(b)(1) The prosecuting attorney or probation department may, no later than 90 calendar 
days before the date of a person’s eligibility for relief pursuant to this section, file a 
petition to prohibit the department from granting automatic relief pursuant to this 
section, based on a showing that granting that relief would pose a substantial threat 
to the public safety. If probation was transferred pursuant to Section 1203.9, the 
prosecuting attorney or probation department in either the receiving county or the 
transferring county shall file the petition in the county of current jurisdiction. 
(2) The court shall give notice to the defendant and conduct a hearing on the petition 
within 45 days after the petition is filed. 
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(3) At a hearing on the petition pursuant to this subdivision, the defendant, the 
probation department, the prosecuting attorney, and the arresting agency, 
through the prosecuting attorney, may present evidence to the court. 
Notwithstanding Sections 1538.5 and 1539, the hearing may be heard and 
determined upon declarations, affidavits, police investigative reports, copies of 
state summary criminal history information and local summary criminal history 
information, or any other evidence submitted by the parties that is material, 
reliable, and relevant. 
(4) The prosecutor or probation department has the initial burden of proof to show 
that granting conviction relief would pose a substantial threat to the public safety. 
In determining whether granting relief would pose a substantial threat to the 
public safety, the court may consider any relevant factors including, but not 
limited to, either of the following: 
(A) Declarations or evidence regarding the offense for which a grant of relief is 
being contested. 
(B) The defendant’s record of arrests and convictions. 
(5) If the court finds that the prosecutor or probation department has satisfied the 
burden of proof, the burden shifts to the defendant to show that the hardship of 
not obtaining relief outweighs the threat to the public safety of providing relief. In 
determining whether the defendant’s hardship outweighs the threat to the public 
safety, the court may consider any relevant factors including, but not limited to, 
either of the following: 
(A) The hardship to the defendant that has been caused by the conviction and 
that would be caused if relief is not granted. 
(B) Declarations or evidence regarding the defendant’s good character. 
(6) If the court grants a petition pursuant to this subdivision, the court shall furnish a 
disposition report to the Department of Justice pursuant to Section 13151, stating 
that relief pursuant to this section was denied, and the department shall not grant 
relief pursuant to this section. If probation was transferred pursuant to Section 
1203.9, the department shall electronically submit a notice to the transferring 
court, and, if probation was transferred multiple times, to all other involved courts. 
(7) A person denied relief pursuant to this section may continue to be eligible for 
relief pursuant to Section 1203.4 or 1203.4a. If the court subsequently grants 
relief pursuant to one of those sections, the court shall furnish a disposition report 
to the Department of Justice pursuant to Section 13151, stating that relief was 
granted pursuant to the applicable section, and the department shall grant relief 
pursuant to that section. If probation was transferred pursuant to Section 1203.9, 
the department shall electronically submit a notice that relief was granted 
pursuant to the applicable section to the transferring court and, if probation was 
transferred multiple times, to all other involved courts. 
(c) At the time of sentencing, the court shall advise a defendant, either orally or in 
writing, of the provisions of this section and of the defendant’s right, if any, to petition 
for a certificate of rehabilitation and pardon. 
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(d) This section shall become inoperative on July 1, 2023, and, as of January 1, 2024, is 
repealed. 
 
Section 1203.425 is added to the Penal Code, to read: 
 
1203.425. 
(a)(1)(A) Commencing July 1, 2023, and subject to an appropriation in the annual 
Budget Act, on a monthly basis, the Department of Justice shall review the records 
in the statewide criminal justice databases, and based on information in the state 
summary criminal history repository and the Supervised Release File, shall identify 
persons with convictions that meet the criteria set forth in subparagraph (B) and are 
eligible for automatic conviction record relief. 
(B) A person is eligible for automatic conviction relief pursuant to this section if they 
meet all of the following conditions: 
(i) The person is not required to register pursuant to the Sex Offender 
Registration Act. 
(ii) The person does not have an active record for local, state, or federal 
supervision in the Supervised Release File. 
(iii) Based upon the information available in the department’s record, including 
disposition dates and sentencing terms, it does not appear that the person is 
currently serving a sentence for an offense and there is no indication of 
pending criminal charges. 
(iv) The conviction meets either of the following criteria: 
(I) The conviction occurred on or after January 1, 1973, and meets either of 
the following criteria: 
(ia) The defendant was sentenced to probation and, based upon the 
disposition date and the term of probation specified in the department’s 
records, appears to have completed their term of probation without 
revocation. 
(ib) The defendant was convicted of an infraction or misdemeanor, was 
not granted probation, and, based upon the disposition date and the 
term specified in the department’s records, the defendant appears to 
have completed their sentence, and at least one calendar year has 
elapsed since the date of judgment. 
(II) The conviction occurred on or after January 1, 2005, the defendant was 
convicted of a felony other than one for which the defendant completed 
probation without revocation, and based upon the disposition date and the 
sentence specified in the department’s records, appears to have 
completed all terms of incarceration, probation, mandatory supervision, 
post release community supervision, and parole, and a period of four 
years has elapsed since the date on which the defendant completed 
probation or supervision for that conviction and during which the 
defendant was not convicted of a new felony offense. This subclause does 
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not apply to a conviction of a serious felony defined in subdivision (c) of 
Section 1192.7, a violent felony as defined in Section 667.5, or a felony 
offense requiring registration pursuant to Chapter 5.5 (commencing with 
Section 290) of Title 9 of Part 1. 
(2)(A) Except as specified in subdivision (b), the department shall grant relief, 
including dismissal of a conviction, to a person identified pursuant to paragraph 
(1) without requiring a petition or motion by a party for that relief if the relevant 
information is present in the department’s electronic records. 
(B) The state summary criminal history information shall include, directly next to 
or below the entry or entries regarding the person’s criminal record, a note 
stating “relief granted,” listing the date that the department granted relief and 
this section. This note shall be included in all statewide criminal databases 
with a record of the conviction. 
(C) Except as otherwise provided in paragraph (4) and in Section 13555 of the 
Vehicle Code, a person granted conviction relief pursuant to this section shall 
be released from all penalties and disabilities resulting from the offense of 
which the person has been convicted. 
(3)(A) Commencing July 1, 2022, and subject to an appropriation in the annual 
Budget Act, on a monthly basis, the department shall electronically submit a 
notice to the superior court having jurisdiction over the criminal case, informing 
the court of all cases for which a complaint was filed in that jurisdiction and for 
which relief was granted pursuant to this section. Commencing on August 1, 
2022, for any record retained by the court pursuant to Section 68152 of the 
Government Code, except as provided in paragraph (4), the court shall not 
disclose information concerning a conviction granted relief pursuant to this 
section or Section 1203.4, 1203.4a, 1203.41, or 1203.42, to any person or entity, 
in any format, except to the person whose conviction was granted relief or a 
criminal justice agency, as defined in Section 851.92. 
(B) If probation is transferred pursuant to Section 1203.9, the department shall 
electronically submit a notice as provided in subparagraph (A) to both the 
transferring court and any subsequent receiving court. The electronic notice 
shall be in a mutually agreed upon format. 
(C) If a receiving court reduces a felony to a misdemeanor pursuant to 
subdivision (b) of Section 17, or dismisses a conviction pursuant to law, 
including, but not limited to, Section 1203.4, 1203.4a, 1203.41, 1203.42, 
1203.43, or 1203.49, it shall furnish a disposition report to the department 
with the original case number and CII number from the transferring court. The 
department shall electronically submit a notice to the superior court that 
sentenced the defendant. If probation is transferred multiple times, the 
department shall electronically submit a notice to all other involved courts. 
The electronic notice shall be in a mutually agreed upon format. 
(D) If a court receives notification from the department pursuant to subparagraph 
(B), the court shall update its records to reflect the reduction or dismissal. If a 
2023 Summary of Law Changes 
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court receives notification that a case was dismissed pursuant to this section 
or Section 1203.4, 1203.4a, 1203.41, or 1203.42, the court shall update its 
records to reflect the dismissal and shall not disclose information concerning 
a conviction granted relief to any person or entity, in any format, except to the 
person whose conviction was granted relief or a criminal justice agency, as 
defined in Section 851.92. 
(4) Relief granted pursuant to this section is subject to the following conditions: 
(A) Relief granted pursuant to this section does not relieve a person of the 
obligation to disclose a criminal conviction in response to a direct question 
contained in a questionnaire or application for employment as a peace officer, 
as defined in Section 830. 
(B) Relief granted pursuant to this section does not relieve a person of the 
obligation to disclose the conviction in response to a direct question contained 
in a questionnaire or application for public office, or for contracting with the 
California State Lottery Commission. 
(C) Relief granted pursuant to this section has no effect on the ability of a 
criminal justice agency, as defined in Section 851.92, to access and use 
records that are granted relief to the same extent that would have been 
permitted for a criminal justice agency had relief not been granted. 
(D) Relief granted pursuant to this section does not limit the jurisdiction of the 
court over a subsequently filed motion to amend the record, petition or motion 
for postconviction relief, or collateral attack on a conviction for which relief has 
been granted pursuant to this section. 
(E) Relief granted pursuant to this section does not affect a person’s 
authorization to own, possess, or have in the person’s custody or control a 
firearm, or the person’s susceptibility to conviction under Chapter 2 
(commencing with Section 29800) of Division 9 of Title 4 of Part 6, if the 
criminal conviction would otherwise affect this authorization or susceptibility. 
(F) Relief granted pursuant to this section does not affect a prohibition from 
holding public office that would otherwise apply under law as a result of the 
criminal conviction. 
(G) Relief granted pursuant to this section does not release a person from the 
terms and conditions of any unexpired criminal protective order that has been 
issued by the court pursuant to paragraph (1) of subdivision (i) of Section 
136.2, subdivision (j) of Section 273.5, subdivision (l) of Section 368, or 
subdivision (k) of Section 646.9. These protective orders shall remain in full 
effect until expiration or until any further order by the court modifying or 
terminating the order, despite the dismissal of the underlying conviction. 
(H) Relief granted pursuant to this section does not affect the authority to receive, 
or take adverse action based on, criminal history information, including the 
authority to receive certified court records received or evaluated pursuant to 
Section 1522, 1568.09, 1569.17, or 1596.871 of the Health and Safety Code, 
2023 Summary of Law Changes 
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or pursuant to any statutory or regulatory provisions that incorporate the 
criteria of those sections. 
(I) Relief granted pursuant to this section does not make eligible a person who is 
otherwise ineligible to provide, or receive payment for providing, in-home 
supportive services pursuant to Article 7 (commencing with Section 12300) of 
Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code, or 
pursuant to Section 14132.95, 14132.952, or 14132.956 of the Welfare and 
Institutions Code. 
(J) In a subsequent prosecution of the defendant for any other offense, the prior 
conviction may be pleaded and proved and shall have the same effect as if 
the relief had not been granted. 
(K)(i) Relief granted pursuant to this section does not affect the authority to 
receive, or take adverse action based on, criminal history information, 
including the authority to receive certified court records received or evaluated 
pursuant to Article 1 (commencing with Section 44000) of Chapter 1, Article 3 
(commencing with Section 44240) and Article 8 (commencing with Section 
44330) of Chapter 2, Article 1 (commencing with Section 44420) of Chapter 3, 
Article 3 (commencing with Section 44930) of Chapter 4, Article 1 
(commencing with Section 45100) and Article 6 (commencing with Section 
45240) of Chapter 5, of Part 25 of Division 3 of Title 2 of the Education Code, 
or pursuant to any statutory or regulatory provisions that relate to, 
incorporate, expand upon or interpret the authority of those provisions. 
(ii) Notwithstanding clause (i) or any other law, information for a conviction for 
a controlled substance offense listed in Section 11350 or 11377, or former 
Section 11500 or 11500.5, of the Health and Safety Code that is more 
than five years old, for which relief is granted pursuant to this section, shall 
not be disclosed. 
(L) Relief granted pursuant to this section does not release the defendant from 
the terms and conditions of any unexpired criminal protective orders that have 
been issued by the court pursuant to paragraph (1) of subdivision (i) of 
Section 136.2, subdivision (j) of Section 273.5, subdivision (l) of Section 368, 
or subdivision (k) of Section 646.9. These protective orders shall remain in full 
effect until expiration or until any further order by the court modifying or 
terminating the order, despite the dismissal of the underlying accusation or 
information. 
(5) This section shall not limit petitions, motions, or orders for relief in a criminal 
case, as required or authorized by any other law, including, but not limited to, 
Sections 1016.5, 1203.4, 1203.4a, 1203.4b, 1203.41, 1203.42, 1203.49, and 
1473.7. This section shall not limit petitions for a certificate of rehabilitation or 
pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of 
Part 3. 
(6) Commencing July 1, 2022, and subject to an appropriation in the annual Budget 
Act, the department shall annually publish statistics for each county regarding the 
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total number of convictions granted relief pursuant to this section and the total 
number of convictions prohibited from automatic relief pursuant to subdivision 
(b), on the Open Justice Web portal, as defined in Section 13010. 
(b)(1) The prosecuting attorney or probation department may, no later than 90 calendar 
days before the date of a person’s eligibility for relief pursuant to this section, file a 
petition to prohibit the department from granting automatic relief pursuant to this 
section, based on a showing that granting that relief would pose a substantial threat 
to the public safety. If probation was transferred pursuant to Section 1203.9, the 
prosecuting attorney or probation department in either the receiving county or the 
transferring county shall file the petition in the county of current jurisdiction. 
(2) The court shall give notice to the defendant and conduct a hearing on the petition 
within 45 days after the petition is filed. 
(3) At a hearing on the petition pursuant to this subdivision, the defendant, the 
probation department, the prosecuting attorney, and the arresting agency, 
through the prosecuting attorney, may present evidence to the court. 
Notwithstanding Sections 1538.5 and 1539, the hearing may be heard and 
determined upon declarations, affidavits, police investigative reports, copies of 
state summary criminal history information and local summary criminal history 
information, or any other evidence submitted by the parties that is material, 
reliable, and relevant. 
(4) The prosecutor or probation department has the initial burden of proof to show 
that granting conviction relief would pose a substantial threat to the public safety. 
In determining whether granting relief would pose a substantial threat to the 
public safety, the court may consider any relevant factors including, but not 
limited to, either of the following: 
(A) Declarations or evidence regarding the offense for which a grant of relief is 
being contested. 
(B) The defendant’s record of arrests and convictions. 
(5) If the court finds that the prosecutor or probation department has satisfied the 
burden of proof, the burden shifts to the defendant to show that the hardship of 
not obtaining relief outweighs the threat to the public safety of providing relief. In 
determining whether the defendant’s hardship outweighs the threat to the public 
safety, the court may consider any relevant factors including, but not limited to, 
either of the following: 
(A) The hardship to the defendant that has been caused by the conviction and 
that would be caused if relief is not granted. 
(B) Declarations or evidence regarding the defendant’s good character. 
(6) If the court grants a petition pursuant to this subdivision, the court shall furnish a 
disposition report to the Department of Justice pursuant to Section 13151, stating 
that relief pursuant to this section was denied, and the department shall not grant 
relief pursuant to this section. If probation was transferred pursuant to Section 
1203.9, the department shall electronically submit a notice to the transferring 
court, and, if probation was transferred multiple times, to all other involved courts. 
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(7) A person denied relief pursuant to this section may continue to be eligible for 
relief pursuant to law, including, but not limited to, Section 1203.4, 1203.4a, 
1203.4b, or 1203.41. If the court subsequently grants relief pursuant to one of 
those sections, the court shall furnish a disposition report to the Department of 
Justice pursuant to Section 13151, stating that relief was granted pursuant to the 
applicable section, and the department shall grant relief pursuant to that section. 
If probation was transferred pursuant to Section 1203.9, the department shall 
electronically submit a notice that relief was granted pursuant to the applicable 
section to the transferring court and, if probation was transferred multiple times, 
to all other involved courts. 
(c) At the time of sentencing, the court shall advise a defendant, either orally or in 
writing, of the provisions of this section and of the defendant’s right, if any, to petition 
for a certificate of rehabilitation and pardon. 
(d) This section shall become operative on July 1, 2023. 
 
Section 4024 of the Business and Professions Code is amended to read: 
 
4024. 
(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, practitioner 
practicing pursuant to Section 2836.1, physician assistant, naturopathic doctor 
pursuant to Section 3640.5, or pharmacist acting within the scope of his or 
her 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, practitioner practicing pursuant to Section 
2836.1, naturopathic doctor, or physician assistant acting within the scope of his or 
her their practice. 
 
Section 4040 of the Business and Professions Code is amended to read: 
 
4040. 
(a) “Prescription” means an oral, written, or electronic transmission order that is both of 
the following: 
(1) Given individually for the person or persons for whom ordered that includes all of 
the following: 
(A) The name or names and address of the patient or patients. 
(B) The name and quantity of the drug or device prescribed and the directions for 
use. 
(C) The date of issue. 
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(D) Either rubber stamped, typed, or printed by hand or typeset, the name, 
address, and telephone number of the prescriber, the prescriber’s license 
classification, and the prescriber’s federal registry number, if a controlled 
substance is prescribed. 
(E) A legible, clear notice of the condition or purpose for which the drug is being 
prescribed, if requested by the patient or patients. 
(F) If in writing, signed by the prescriber issuing the order, or the certified nurse-
midwife, nurse practitioner, physician assistant, or naturopathic doctor who 
issues a drug order pursuant to Section 2746.51, 2836.1, 3502.1, or 3640.5, 
respectively, or the pharmacist who issues a drug order pursuant to Section 
4052.1, 4052.2, or 4052.6. 
(2) Issued by a physician, dentist, optometrist, doctor of podiatric medicine, 
veterinarian, or nurse practitioner practicing pursuant to Section 2837.103 or 
2837.104, or naturopathic doctor pursuant to Section 3640.7 or, if a drug order is 
issued pursuant to Section 2746.51, 2836.1, 3502.1, or 3460.5, by a certified 
nurse-midwife, nurse practitioner, physician assistant, or naturopathic doctor 
licensed in this state, or pursuant to Section 4052.1, 4052.2, or 4052.6 by a 
pharmacist licensed in this state. 
(b) Notwithstanding subdivision (a), a written order of the prescriber for a dangerous 
drug, except for any Schedule II controlled substance, that contains at least the 
name and signature of the prescriber, the name and address of the patient in a 
manner consistent with paragraph (2) of subdivision (a) of Section 11164 of the 
Health and Safety Code, the name and quantity of the drug prescribed, directions for 
use, and the date of issue may be treated as a prescription by the dispensing 
pharmacist as long as any additional information required by subdivision (a) is 
readily retrievable in the pharmacy. In the event of a conflict between this 
subdivision and Section 11164 of the Health and Safety Code, Section 11164 of the 
Health and Safety Code shall prevail. 
(c) “Electronic transmission prescription” includes both image and data prescriptions. 
“Electronic image transmission prescription” means any prescription order for which 
a facsimile of the order is received by a pharmacy from a licensed prescriber. 
“Electronic data transmission prescription” means any prescription order, other than 
an electronic image transmission prescription, that is electronically transmitted from 
a licensed prescriber to a pharmacy. 
(d) The use of commonly used abbreviations shall not invalidate an otherwise valid 
prescription. 
 
Section 4052.01 of the Business and Professions Code is amended to read: 
 
4052.01. 
(a) Notwithstanding any other provision of law, a pharmacist may furnish naloxone 
hydrochloride federal Food and Drug Administration-approved opioid antagonist in 
accordance with standardized procedures or protocols developed and approved by 
both the board and the Medical Board of California, in consultation with the 
California Society of Addiction Medicine, the California Pharmacists Association, and 
2023 Summary of Law Changes 
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other appropriate entities. In developing those standardized procedures or protocols, 
the board and the Medical Board of California shall include the following: 
(1) Procedures to ensure education of the person to whom the drug is furnished, 
including, but not limited to, opioid overdose prevention, recognition, and 
response, safe administration of naloxone hydrochloride, opioid antagonists, 
potential side effects or adverse events, and the imperative to seek emergency 
medical care for the patient. 
(2) Procedures to ensure the education of the person to whom the drug is furnished 
regarding the availability of drug treatment programs. 
(3) Procedures for the notification of the patient’s primary care provider with patient 
consent of any drugs or devices furnished to the patient, or entry of appropriate 
information in a patient record system shared with the primary care provider, as 
permitted by that primary care provider, and with patient consent. 
(b) A pharmacist furnishing naloxone hydrochloride an opioid antagonist pursuant to this 
section shall not permit the person to whom the drug is furnished to waive the 
consultation required by the board and the Medical Board of California. 
(c) Prior to performing a procedure authorized under this section, a pharmacist shall 
complete a training program on the use of opioid antagonists that consists of at least 
one hour of approved continuing education on the use of naloxone 
hydrochloride. opioid antagonists.  
(d) The board and the Medical Board of California are each authorized to ensure 
compliance with this section. Each board is specifically charged with enforcing this 
section with respect to its respective licensees. This section does not expand the 
authority of a pharmacist to prescribe any prescription medication. 
(e) The board may adopt emergency regulations to establish the standardized 
procedures or protocols. The adoption of regulations pursuant to this subdivision 
shall be deemed to be an emergency and necessary for the immediate preservation 
of the public peace, health, safety, or general welfare. The emergency regulations 
authorized by this subdivision are exempt from review by the Office of Administrative 
Law. The emergency regulations authorized by this subdivision shall be submitted to 
the Office of Administrative Law for filing with the Secretary of State and shall remain 
in effect until the earlier of 180 days following their effective date or the effective date 
of regulations adopted pursuant to subdivision (a). 
 
Section 4060 of the Business and Professions Code is amended to read: 
 
4060. 
A person shall not possess any controlled substance, except that furnished to a person 
upon the prescription of a physician, dentist, podiatrist, optometrist, veterinarian, or nurse 
practitioner practicing pursuant to Section 2837.103 or 2837.104, or naturopathic doctor 
pursuant to Section 3640.7, or furnished pursuant to a drug order issued by a certified 
nurse-midwife pursuant to Section 2746.51, a nurse practitioner practicing pursuant to 
Section 2836.1, a physician assistant pursuant to Section 3502.1, a naturopathic doctor 
pursuant to Section 3640.5, or a pharmacist pursuant to Section 4052.1, 4052.2, or 
4052.6. This section does not apply to the possession of any controlled substance by a 
manufacturer, wholesaler, third-party logistics provider, pharmacy, pharmacist, 
2023 Summary of Law Changes 
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physician, podiatrist, dentist, optometrist, veterinarian, naturopathic doctor, certified 
nurse-midwife, nurse practitioner, or physician assistant, if in stock in containers correctly 
labeled with the name and address of the supplier or producer. 
 
This section does not authorize a certified nurse-midwife, a nurse practitioner, practitioner 
practicing pursuant to Section 2836.1, a physician assistant, or a naturopathic doctor, to 
order his or her their own stock of dangerous drugs and devices. 
 
Section 4061 of the Business and Professions Code is amended to read: 
 
4061. 
(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, or 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, 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. 
 
Section 4110.5 is added to the Business and Professions Code, to read: 
 
4110.5. 
Notwithstanding any other provision of this article, a county, city and county, or special 
hospital authority described in Chapter 5 (commencing with Section 101850) or Chapter 
5.5 (commencing with Section 101852) of Part 4 of Division 101 of the Health and 
2023 Summary of Law Changes 
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Safety Code may operate a mobile unit to provide prescription medication within its 
jurisdiction to those individuals without fixed addresses, individuals living in county-
owned or city-and-county-owned housing facilities, and those enrolled in Medi-Cal plans 
operated by the county or a city and county, a health district, or a joint powers authority 
pursuant to Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing 
with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code. The 
mobile unit shall be operated as an extension of a pharmacy license held by the county, 
city and county, or special hospital authority. The mobile unit may dispense prescription 
medication pursuant to a valid prescription, including a prescription of a physician who 
practices in the mobile unit, if the county, city and county, or special hospital authority 
meets all of the following requirements: 
(a) A licensed pharmacist is on the premises and the mobile unit is under the control 
and management of a pharmacist while prescription medications are being 
dispensed. 
(b) All activities of the pharmacist, including the furnishing of medication by the 
pharmacist, are consistent with Article 3 (commencing with Section 4050). 
(c) If a physician is practicing in the mobile unit, all prescribing by the physician meets 
the requirements of the Medical Practice Act (Chapter 5 (commencing with Section 
2000)). 
(d) The mobile unit does not carry or dispense controlled substances. 
(e) Dangerous drugs shall not be left in the mobile unit during the hours that the mobile 
unit is not in operation. 
(f) At least 30 days prior to commencing operation of a mobile unit, a county, city and 
county, or special hospital authority shall notify the board of its intention to operate a 
mobile unit. Notice shall also be given to the board at least 30 days prior to 
discontinuing operation of a mobile unit. 
 
Section 4126.10 of the Business and Professions Code is amended to read: 
 
4126.10. 
(a) A pharmacy located in California may distribute compounded human drug 
preparations interstate only if all of the following conditions are met: 
(1) Between January 1 and March 31 of each year, the pharmacy reports all required 
data for the previous calendar year into the Information Sharing Network 
established by the National Association of Boards of Pharmacy in conjunction 
with the United States Food and Drug Administration (FDA) to implement the 
Memorandum of Understanding Addressing Certain Distributions of 
Compounded Human Drug Products. 
(2) On an annual basis, in connection with and as a condition of renewal of the 
pharmacy’s license, the pharmacist-in-charge of the pharmacy certifies that the 
reporting requirements of paragraph (1) have been satisfied. 
(3) The pharmacy reports any adverse drug experience and product quality issue for 
any compounded product to the board within 12 hours after the pharmacy 
receives notice of the adverse drug experience or product quality issue. 
(b) Information reported by the board to the FDA directly or through the Information 
Sharing Network established by the National Association of Boards of Pharmacy in 
2023 Summary of Law Changes 
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conjunction with the FDA to implement the Memorandum of Understanding 
Addressing Certain Distributions of Compounded Human Drug Products shall not be 
subject to public disclosure under the California Public Records Act (Chapter 
3.5 (Division 10 (commencing with Section 6250) of Division 7 of  7920.000) of  Title 
1 of the Government Code). 
 
Section 4170 of the Business and Professions Code is amended to read: 
 
4170. 
(a) No A prescriber shall not dispense drugs or dangerous devices to patients in his or 
her the prescriber’s office or place of practice unless all of the following conditions 
are met: 
(1) The dangerous drugs or dangerous devices are dispensed to the prescriber’s 
own patient, and the drugs or dangerous devices are not furnished by a nurse or 
physician attendant. 
(2) The dangerous drugs or dangerous devices are necessary in the treatment of the 
condition for which the prescriber is attending the patient. 
(3) The prescriber does not keep a pharmacy, open shop, or drugstore, advertised 
or otherwise, for the retailing of dangerous drugs, dangerous devices, or poisons. 
(4) The prescriber fulfills all of the labeling requirements imposed upon pharmacists 
by Section 4076, all of the recordkeeping requirements of this chapter, and all of 
the packaging requirements of good pharmaceutical practice, including the use of 
childproof containers. 
(5) The prescriber does not use a dispensing device unless he or she the 
prescriber personally owns the device and the contents of the device, and 
personally dispenses the dangerous drugs or dangerous devices to the patient 
packaged, labeled, and recorded in accordance with paragraph (4). 
(6) The prescriber, prior to before dispensing, offers to give a written prescription to 
the patient that the patient may elect to have filled by the prescriber or by any 
pharmacy. 
(7) The prescriber provides the patient with written disclosure that the patient has a 
choice between obtaining the prescription from the dispensing prescriber or 
obtaining the prescription at a pharmacy of the patient’s choice. 
(8) 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 Section 3502.1, or a naturopathic 
doctor who functions pursuant to Section 3640.5, may hand to a patient of the 
supervising physician and surgeon a properly labeled prescription drug 
prepackaged by a physician and surgeon, a manufacturer as defined in this 
chapter, or a pharmacist. 
(b) The Medical Board of California, the California State Board of Optometry, the 
Bureau of Naturopathic Medicine, the Dental Board of California, 
the California Podiatric Medical Board of Podiatric Medicine, California, the 
Osteopathic Medical Board of California, the Board of Registered Nursing, the 
Veterinary Medical Board, and the Physician Assistant Committee Board shall have 
2023 Summary of Law Changes 
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authority with the California State Board of Pharmacy to ensure compliance with this 
section, and those boards are specifically charged with the enforcement of this 
chapter with respect to their respective licensees. 
(c) “Prescriber,” as used in this section, means a person, who holds a physician’s and 
surgeon’s certificate, a license to practice optometry, a license to practice 
naturopathic medicine, a license to practice dentistry, a license to practice veterinary 
medicine, a certificate to practice podiatry, or a certificate to practice podiatry, as a 
nurse practitioner practicing pursuant to Section 2837.103 or 2837.104, and who is 
duly registered by the Medical Board of California, the Osteopathic Medical Board of 
California, the California State Board of Optometry, the Bureau of Naturopathic 
Medicine, the Dental Board of California, the Veterinary Medical Board, the Podiatric 
Medical Board of California, or the California Board of Podiatric 
Medicine. Registered Nursing.  
 
  
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Section 4174 of the Business and Professions Code is amended to read: 
 
4174. 
Notwithstanding any other law, a pharmacist may dispense drugs or devices upon the 
drug order of a nurse practitioner functioning practicing pursuant to Section 2836.1 
or 2836.1, 2837.103, or 2837.104, or  a certified nurse-midwife functioning pursuant to 
Section 2746.51, a drug order of a physician assistant functioning pursuant to Section 
3502.1 or a naturopathic doctor functioning pursuant to Section 3640.5, or the order of a 
pharmacist acting under Section 4052.1, 4052.2, 4052.3, or 4052.6. 
Section 4175 of the Business and Professions Code is amended to read: 
 
4175. 
(a) The California State Board of Pharmacy shall promptly forward to the appropriate 
licensing entity, including the Medical Board of California, the Veterinary Medical 
Board, the Dental Board of California, the California State Board of Optometry, the 
California Board of Podiatric Medicine, the Osteopathic Medical Board of California, 
the Board of Registered Nursing, the Bureau of Naturopathic Medicine, or the 
Physician Assistant Committee, Board, all complaints received related to dangerous 
drugs or dangerous devices dispensed by a prescriber, certified nurse-midwife, 
nurse practitioner, naturopathic doctor, or physician assistant pursuant to Section 
4170. 
(b) All complaints involving serious bodily injury due to dangerous drugs or dangerous 
devices dispensed by prescribers, certified nurse-midwives, nurse practitioners, 
naturopathic doctors, or physician assistants pursuant to Section 4170 shall be 
handled by the Medical Board of California, the Dental Board of California, the 
California State Board of Optometry, the California Board of Podiatric Medicine, the 
Osteopathic Medical Board of California, the Bureau of Naturopathic Medicine, the 
Board of Registered Nursing, the Veterinary Medical Board, or the Physician 
Assistant Committee as a case of greatest potential harm to a patient. 
 
Section 4202 of the Business and Professions Code is amended to read: 
 
4202. 
(a) The board may issue a pharmacy technician license to an individual if he or she the 
applicant is a high school graduate or possesses a general educational development 
certificate equivalent, and meets any one of the following requirements: 
(1) Has obtained an associate’s degree in pharmacy technology. 
(2) Has completed a course of training specified by the board. 
(3) Has graduated from a school of pharmacy recognized by the board. 
(4) Is certified by a pharmacy technician certifying organization offering a pharmacy 
technician certification program accredited by the National Commission for 
Certifying Agencies that is approved by the board. 
(b) The board shall adopt regulations pursuant to this section for the licensure of 
pharmacy technicians and for the specification of training courses as set out in 
paragraph (2) of subdivision (a). Proof of the qualifications of any applicant for 
2023 Summary of Law Changes 
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licensure as a pharmacy technician shall be made to the satisfaction of the board 
and shall be substantiated by any evidence required by the board. 
(c) The board shall conduct a criminal background check of the applicant to determine if 
an applicant has committed acts that would constitute grounds for denial of 
licensure, pursuant to this chapter or Chapter 2 (commencing with Section 480) of 
Division 1.5. 
(d) The board may suspend or revoke a license issued pursuant to this section on any 
ground specified in Section 4301. 
(e) Once an individual is licensed as a pharmacist, the pharmacy technician registration 
is no longer valid and the pharmacy technician license shall be returned to the board 
within 15 days. 
(f) This section shall remain in effect only until January 1, 2024, and as of that date is 
repealed. 
 
Section 4202 is added to the Business and Professions Code, to read: 
 
4202. 
(a) The board may issue a pharmacy technician license to an individual if the applicant 
is a high school graduate or possesses a general educational development 
certificate equivalent, and meets any one of the following requirements: 
(1) Has obtained an associate’s degree in pharmacy technology. 
(2) Has completed a course of training specified by the board. 
(3) Has graduated from a school of pharmacy recognized by the board. 
(4) Is certified by a pharmacy technician certifying organization offering a pharmacy 
technician certification program accredited by the National Commission for 
Certifying Agencies that is approved by the board. 
(b) The board shall adopt regulations pursuant to this section for the licensure of 
pharmacy technicians and for the specification of training courses as set out in 
paragraph (2) of subdivision (a). Proof of the qualifications of any applicant for 
licensure as a pharmacy technician shall be made to the satisfaction of the board 
and shall be substantiated by any evidence required by the board. 
(c) The board shall conduct a criminal background check of the applicant to determine if 
an applicant has committed acts that would constitute grounds for denial of 
licensure, pursuant to this chapter or Chapter 2 (commencing with Section 480) of 
Division 1.5. 
(d) The board shall not renew a pharmacy technician license unless the applicant 
submits proof satisfactory to the board that the applicant has successfully completed 
at least one hour of participation in a cultural competency course, as defined in 
Section 4231, during the two years preceding the application for renewal. 
(e) The board may suspend or revoke a license issued pursuant to this section on any 
ground specified in Section 4301. 
(f) Once an individual is licensed as a pharmacist, the pharmacy technician registration 
is no longer valid and the pharmacy technician license shall be returned to the board 
within 15 days. 
(g) This section shall become operative on January 1, 2024. 
 
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Section 4231 of the Business and Professions Code is amended to read: 
 
4231. 
(a) The board shall not renew a pharmacist license unless the applicant submits proof 
satisfactory to the board that he or she the applicant has successfully completed 30 
hours of approved courses of continuing pharmacy education during the two years 
preceding the application for renewal. 
(b) Notwithstanding subdivision (a), the board shall not require completion of continuing 
education for the first renewal of a pharmacist license. 
(c) If an applicant for renewal of a pharmacist license submits the renewal application 
and payment of the renewal fee but does not submit proof satisfactory to the board 
that the licensee has completed 30 hours of continuing pharmacy education, the 
board shall not renew the license and shall issue the applicant an inactive 
pharmacist license. A licensee with an inactive pharmacist license issued pursuant 
to this section may obtain an active pharmacist license by paying the renewal fees 
due and submitting satisfactory proof to the board that the licensee has completed 
30 hours of continuing pharmacy education. 
(d) If, as part of an investigation or audit conducted by the board, a pharmacist fails to 
provide documentation substantiating the completion of continuing education as 
required in subdivision (a), the board shall cancel the active pharmacist license and 
issue an inactive pharmacist license in its place. A licensee with an inactive 
pharmacist license issued pursuant to this section may obtain an active pharmacist 
license by paying the renewal fees due and submitting satisfactory proof to the 
board that the licensee has completed 30 hours of continuing pharmacy education. 
(e) This section shall remain in effect only until January 1, 2024, and as of that date is 
repealed. 
 
Section 4231 is added to the Business and Professions Code, to read: 
 
4231. 
(a) For purposes of this section, “cultural competency course” means a cultural 
competency and humility course that meets the following criteria: 
(1) The course focuses on patients who identify as lesbian, gay, bisexual, 
transgender, gender nonconforming, or queer, or who question their sexual 
orientation or gender identity and expression. 
(2) The course is approved from an accreditation agency approved by the board. 
(3) The course covers recognized health disparities faced by Black, Indigenous, and 
people of color. 
(4) The course contains elements demonstrating how sexual identity is directly 
impacted through intersectionality. 
(b) The board shall not renew a pharmacist license unless the applicant submits proof 
satisfactory to the board that the applicant has successfully completed 30 hours of 
approved courses of continuing pharmacy education, including at least one hour of 
participation in a cultural competency course, during the two years preceding the 
application for renewal. 
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(c) Notwithstanding subdivision (b), the board shall not require completion of continuing 
education for the first renewal of a pharmacist license. 
(d) If an applicant for renewal of a pharmacist license submits the renewal application 
and payment of the renewal fee but does not submit proof satisfactory to the board 
that the licensee has completed 30 hours of continuing pharmacy education, the 
board shall not renew the license and shall issue the applicant an inactive 
pharmacist license. A licensee with an inactive pharmacist license issued pursuant 
to this section may obtain an active pharmacist license by paying the renewal fees 
due and submitting satisfactory proof to the board that the licensee has completed 
30 hours of continuing pharmacy education. 
(e) If, as part of an investigation or audit conducted by the board, a pharmacist fails to 
provide documentation substantiating the completion of continuing education as 
required in subdivision (b), the board shall cancel the active pharmacist license and 
issue an inactive pharmacist license in its place. A licensee with an inactive 
pharmacist license issued pursuant to this section may obtain an active pharmacist 
license by paying the renewal fees due and submitting satisfactory proof to the 
board that the licensee has completed 30 hours of continuing pharmacy education. 
(f) This section shall become operative on January 1, 2024. 
 
Health and Safety Code 
Section 1649.1 of the Health and Safety Code is amended to read: 
 
1649.1. 
Unless the context requires otherwise, the following definitions shall apply to this 
chapter: 
(a) “Compassionate Use Act of 1996” means the initiative measure enacted by the 
approval of Proposition 215 at the November 5, 1996, statewide general election 
and found at Section 11362.5, and any amendments to that act. 
(b)(1) Except as provided in paragraph (2), “health care facility” means a health facility 
specified in subdivision (a), (c), (f), (i), or (n) of Section 1250. 
(2) The meaning of “health care facility” shall not include a chemical dependency 
recovery hospital or a state hospital. any of the following:  
(A) A chemical dependency recovery hospital. 
(B) A state hospital. 
(C) An emergency department of a health care facility, as specified in subdivision 
(a) of Section 1250, while the patient is receiving emergency services and 
care. 
(c) “Medicinal cannabis” means cannabis or a cannabis product used in compliance with 
the Compassionate Use Act of 1996 and Article 2.5 (commencing with Section 
11362.7) of Chapter 6 of Division 10. 
(d) “Patient” means an individual who is terminally ill. “Patient” does not include an 
individual receiving emergency services and care, as defined in Section 1317.1.  
(e) “Terminally ill” means a medical condition resulting in a prognosis of life of one year 
or less, if the disease follows its natural course. 
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Section 1649.2 of the Health and Safety Code is amended to read: 
 
1649.2. 
(a) A health care facility shall permit patient use of medical cannabis and shall do all of 
the following: 
(1)(a) Prohibit smoking or vaping as methods to use medicinal cannabis. 
(2)(b) Include the use of medicinal cannabis within the patient’s medical records. 
(3)(c) Require a patient to provide a copy of the patient’s valid identification card, as 
described in Section 11362.715, or a copy of that patient’s written documentation as 
defined in Section 11362.7. 
(d) Require a patient or a primary caregiver, as defined in Section 11362.7, to be 
responsible for acquiring, retrieving, administering, and removing medicinal 
cannabis. 
(4)(e) Reasonably restrict the manner in which a patient stores and uses medicinal 
cannabis, including requiring the medicinal Require medicinal cannabis to be 
stored securely at all times in a locked container, to ensure the safety of other 
patients, guests, and employees of the health care facility, compliance with other 
state laws, and the safe operations of the health care facility. container in the 
patient’s room, other designated area, or with the patient’s primary caregiver.  
(f) Prohibit health care professionals and facility staff, including, but not limited to, 
physicians, nurses, and pharmacists, from administering medicinal cannabis or 
retrieving medicinal cannabis from storage. 
(5)(g) Develop and disseminate written guidelines for the use and disposal of medicinal 
cannabis within the health care facility pursuant to this chapter. 
(b) This section does not apply to a patient receiving emergency services and care, as 
defined in Section 1317.1, or to the emergency department of a health care facility, 
as specified in subdivision (a) of Section 1250, while the patient is receiving 
emergency services and care. 
 
Section 1649.3 of the Health and Safety Code is repealed. 
 
1649.3. 
 Notwithstanding the classification of medicinal cannabis as a Schedule I drug and any 
other law, health facilities permitting patient use of medicinal cannabis shall comply with 
drug and medication requirements applicable to Schedule II, III, and IV drugs and shall 
be subject to enforcement actions by the State Department of Public Health. 
 
Section 1649.3 is added to the Health and Safety Code, to read: 
 
1649.3. 
Upon discharge, all remaining medicinal cannabis shall be removed by the patient or 
patient’s primary caregiver. If a patient cannot remove the medicinal cannabis and does 
not have a primary caregiver that is available to remove the medicinal cannabis, the 
2023 Summary of Law Changes 
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product shall be stored in a locked container until it is disposed of in accordance with 
the health facility policy and procedure governing medicinal cannabis. 
 
Section 1649.4 of the Health and Safety Code is amended to read: 
 
1649.4. 
This chapter does not require a health care facility to provide or furnish a patient with a 
recommendation to use medicinal cannabis in compliance with the Compassionate Use 
Act of 1996 and Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 
10 or include medicinal cannabis in a patient’s discharge plan. 
 
Section 1649.5 of the Health and Safety Code is amended to read: 
 
1649.5. 
(a) This chapter shall be enforced by the State Department of Public Health. 
(a)(b) Compliance with this chapter shall not be a condition for 
obtaining, retaining, retaining, or renewing a license as a health care facility. 
(b)(c) This chapter does not reduce, expand, or otherwise modify the laws restricting the 
cultivation, possession, distribution, or use of cannabis that may be otherwise 
applicable, including, but not limited to, the Control, Regulate and Tax Adult Use of 
Marijuana Act, an initiative measure enacted by the approval of Proposition 64 at the 
November 8, 2016, statewide general election, and any amendments to that act. 
 
Section 150202 of the Health and Safety Code is amended to read: 
 
150202. 
(a) Notwithstanding any other law, a donor organization is defined, for purposes of this 
division, to refer to one of the following health and care facilities that may donate 
centrally stored unused medications under a program established pursuant to this 
division: facilities, hospitals, and entities that legally possess centrally stored, 
unused medication:  
(1) A licensed general acute care hospital, as defined in Section 1250. 
(2) A licensed acute psychiatric hospital, as defined in Section 1250. 
(3) A licensed skilled nursing facility, as defined in Section 1250, including a skilled 
nursing facility designated as an institution for mental disease. 
(4) A licensed intermediate care facility, as defined in Section 1250. 
(5) A licensed intermediate care facility/developmentally disabled-habilitative facility, 
as defined in Section 1250. 
(6) A licensed intermediate care facility/developmentally disabled-nursing facility, as 
defined in Section 1250. 
(7) A licensed correctional treatment center, as defined in Section 1250. 
(8) A licensed psychiatric health facility, as defined in Section 1250.2. 
(9) A licensed chemical dependency recovery hospital, as defined in Section 1250.3. 
2023 Summary of Law Changes 
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(10) A licensed residential care facility for the elderly, as defined in Section 1569.2, 
with 16 or more residents. 
(11) An approved mental health rehabilitation center, as described in Section 5675 
of the Welfare and Institutions Code. 
(12) An eligible entity, as defined in subdivision (b) of Section 150201. 
(13) A juvenile facility, as described in Section 208.3 of the Welfare and Institutions 
Code. 
(14) A local detention facility, as described in Section 6031.4 of the Penal Code. 
(15) A facility that is any of the following: 
(A) Licensed by the State Department of Social Services. 
(B) Licensed by the State Department of Public Health. 
(C) Licensed by the State Department of Health Care Services. 
(D) Licensed by or under the jurisdiction of the Department of Corrections and 
Rehabilitation. 
(E) Licensed by or under the jurisdiction of the Division of Juvenile Justice. 
(16) A licensed home health agency, as defined in Section 1725. 
(17) A licensed hospice agency, as defined in Section 1745. 
(18) A licensed hospice facility, as defined in subdivision (n) of Section 1250. 
(b) Medication donated by health and care facilities pursuant to subdivision (a) shall 
meet the requirements of subdivisions (c) and (d) of Section 150204 and shall be 
unexpired medication that would have otherwise been destroyed by the facility or 
another appropriate entity. 
(c) Medication eligible for donation by the health and care facilities pursuant to 
subdivision (a) shall be directly delivered from the dispensing pharmacy, wholesaler 
or manufacturer, to the health or care facility and subsequently centrally stored. 
Centrally stored medication that originated from a patient or resident is not eligible 
for donation under this division. 
 
Section 150202.5 of the Health and Safety Code is amended to read: 
 
150202.5. 
Notwithstanding any other law, a pharmacy, licensed in California and not on probation 
with the California State Board of Pharmacy, whose primary or sole type of pharmacy 
practice type is limited to a skilled nursing facility, home health care, board and care, or 
mail order,  Pharmacy may donate unused, unexpired medication that meets the 
requirements of subdivisions (c) and (d) of Section 150204, under a program 
established pursuant to this division and that meets either of the following requirements: 
(a) The medication was received directly from a manufacturer or wholesaler. 
(b) The medication was returned from a health facility to the issuing pharmacy, in a 
manner consistent with state and federal law. 
 
  
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Section 150204.5 is added to the Health and Safety Code, to read: 
 
150204.5. 
(a)(1) A regional pilot program may be established in the Counties of Santa Clara and 
San Mateo and the City and County of San Francisco to determine the feasibility and 
benefits of implementing and maintaining a repository and distribution program. The 
regional pilot program shall run until January 1, 2030. 
(b) Participating pharmacies in the regional pilot program shall be owned or operated by 
the Counties of Santa Clara or San Mateo or the City and County of San Francisco, 
licensed in California, and not on probation with the California State Board of 
Pharmacy. 
(c)(1) Participants in the regional pilot program shall develop and implement their 
programs in accordance with this division. 
(2) While participating in the regional pilot program, participants shall continue to 
meet all other legal responsibilities and requirements relating to pharmacy 
services and comply with all relevant state and federal statutes when 
administering their programs. 
(d) Section 150204 shall not apply to a pilot program established pursuant to this 
section and Section 150204.6 
 
Section 150204.6 is added to the Health and Safety Code, to read: 
 
150204.6. 
(a)(1) A county specified in Section 150204.5 may establish, by an action of the county 
board of supervisors or by an action of the public health officer of the county, as 
directed by the county board of supervisors, a repository and distribution program for 
purposes of this division. The county shall advise the California State Board of 
Pharmacy within 30 days from the date it establishes a repository and distribution 
program. 
(2) Only an eligible entity, pursuant to Section 150201, may participate in this 
program to dispense medication donated to the drug repository and distribution 
program. 
(3) An eligible entity that seeks to participate in the program shall inform the county 
health department and the California State Board of Pharmacy in writing of its 
intent to participate in the program. An eligible entity may not participate in the 
program until it has received written or electronic documentation from the county 
health department confirming that the department has received its notice of 
intent. 
(4)(A) A participating primary care clinic, as described in Section 150201, shall 
disclose to the county health department the name of the licensed physician who 
shall be accountable to the California State Board of Pharmacy for the clinic’s 
program operations pursuant to this division. This physician shall be the 
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professional director, as defined in subdivision (c) of Section 4182 of the 
Business and Professions Code. 
(B) The county board of supervisors or public health officer of the county shall, 
upon request, make available to the California State Board of Pharmacy the 
information in this division. 
(5) The county board of supervisors, the public health officer of the county, and the 
California State Board of Pharmacy may prohibit an eligible or participating entity 
from participating in the program if the entity does not comply with the provisions 
of the program, pursuant to this division. If the county board of supervisors, the 
public health officer of the county, or the California State Board of Pharmacy 
prohibits an eligible or participating entity from participating in the program, it 
shall provide written notice to the prohibited entity within 15 days of making this 
determination. The county board of supervisors, the public health officer of the 
county, and the California State Board of Pharmacy shall each ensure that this 
notice is also provided to the other two entities. 
(b) A county that elects to establish a repository and distribution program pursuant to 
this division shall establish written procedures for, at a minimum, all of the following: 
(1) Establishing eligibility for medically indigent patients who may participate in the 
program. 
(2) Ensuring that patients eligible for the program shall not be charged for any 
medications provided under the program. 
(3) Developing a formulary of medications appropriate for the repository and 
distribution program. 
(4) Ensuring proper safety and management of any medications collected by and 
maintained under the authority of a participating entity. 
(5) Ensuring the privacy of individuals for whom the medication was originally 
prescribed. 
(c) Medication donated to the repository and distribution program or transferred 
between participating entities shall comply with the requirements specified in this 
division. Medication donated to the repository and distribution program shall meet all 
of the following criteria: 
(1) The medication shall not be a controlled substance. 
(2) The medication shall not have been adulterated, misbranded, or stored under 
conditions contrary to standards set by the United States Pharmacopoeia (USP) 
or the product manufacturer. 
(3) The medication shall not have been in the possession of a patient or any 
individual member of the public, and in the case of medications donated by a 
hospital, facility, or entity, as described in Section 150202, shall have been under 
the control of a staff member of the health or care facility who is licensed in 
California as a health care professional or has completed, at a minimum, the 
training requirements specified in Section 1569.69. 
(d)(1) Only medication that is donated in unopened, tamper-evident packaging or 
modified unit dose containers that meet USP standards is eligible for donation to the 
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repository and distribution program, provided lot numbers and expiration dates are 
affixed. Medication donated in opened containers shall not be dispensed by the 
repository and distribution program, and once identified, shall be quarantined 
immediately and handled and disposed of in accordance with the Medical Waste 
Management Act (Part 14 (commencing with Section 117600) of Division 104). 
(2)(A) A medication that is the subject of a United States Food and Drug 
Administration managed risk evaluation and mitigation strategy pursuant to 
Section 355-1 of Title 21 of the United States Code shall not be donated if this 
inventory transfer is prohibited by that strategy, or if the inventory transfer 
requires prior authorization from the manufacturer of the medication. 
(B) A medication that is the subject of a United States Food and Drug 
Administration managed risk evaluation and mitigation strategy pursuant to 
Section 355-1 of Title 21 of the United States Code, the donation of which is 
not prohibited pursuant to subparagraph (A), shall be managed and 
dispensed according to the requirements of that strategy. 
(e) A pharmacist or physician at a participating entity shall use their professional 
judgment in determining whether donated medication meets the standards of this 
division before accepting or dispensing medication under the repository and 
distribution program. 
(f) A pharmacist or physician shall adhere to standard pharmacy practices, as required 
by state and federal law, when dispensing all medications. 
(g) Medication that is donated to the repository and distribution program shall be 
handled in the following ways: 
(1) Dispensed to an eligible patient. 
(2) Destroyed. 
(3) Returned to a reverse distributor or licensed waste hauler. 
(4) (A) Transferred to another participating entity within the county to be dispensed 
to eligible patients pursuant to this division. Notwithstanding this paragraph, a 
participating county-owned pharmacy may transfer eligible donated medication to 
a participating county-owned pharmacy within another adjacent county that has 
adopted a program pursuant to this division, if the pharmacies transferring the 
medication have a written agreement between the entities that outlines protocols 
and procedures for safe and appropriate drug transfer that are consistent with 
this division. 
(B) Medication donated under this division may be transferred more than once 
only within the county and after the final transfer shall be dispensed to an 
eligible patient, destroyed, or returned to a reverse distributor or licensed 
waste hauler. 
(C) Medication transferred pursuant to this paragraph shall be transferred with 
documentation that identifies the drug name, strength, and quantity of the 
medication, original manufacturer lot numbers, and current expiration date. 
The document shall include a statement that the medication shall be handled 
pursuant to subparagraph (B). A copy of this document shall be kept by the 
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participating entity transferring the medication and the participating entity 
receiving the medication. 
(D) Medication donated from multiple facilities under this division may be 
commingled by the participating entity. However, in the event of a recall, 
recalled medication shall be destroyed at the National Drug Code level. 
(E) Participating facilities shall maintain a system for recording and logging 
donated medication which allows the tracking of medication in each 
repackaged container back to the facility or facilities that donated the 
medication. 
(h) Medication that is donated to the repository and distribution program that does not 
meet the requirements of this division shall not be distributed or transferred under 
this program and shall be either destroyed or returned to a reverse distributor. 
Donated medication that does not meet the requirements of this division shall not be 
sold, dispensed, or otherwise transferred to any other entity. 
(i)(1) When dispensed to an eligible patient under this program, the donated medication 
shall be in a new, properly labeled container, specific to the eligible patient and 
ensuring the privacy of the individuals for whom the medication was initially 
dispensed. However, medications donated in sealed manufacturer’s packaging are 
not required to be placed into a new container, but shall otherwise be appropriately 
labeled. Expired medication shall not be dispensed. 
(2) The pharmacy shall have repackaging policies and procedures in place for 
identifying and recalling medications. Medication that is repackaged shall be 
labeled with the earliest expiration date. Repackaged medication can only be 
dispensed to patients within the county. 
(j) A participating entity shall keep complete records of the acquisition and disposition of 
medication donated to, and transferred, dispensed, and destroyed under, the 
repository and distribution program. Notwithstanding any other law, the acquisition 
record created by a participating entity may be used as the donation, destruction, or 
disposition record required of a donor organization for donated medication. 
(k) Local and county protocols established pursuant to this division shall conform to the 
Pharmacy Law regarding packaging, transporting, storing, and dispensing all 
medications. 
(l) County protocols established for packaging, transporting, storing, and dispensing 
medications that require refrigeration, including, but not limited to, a biological 
product as defined in Section 351 of the federal Public Health Service Act (42 U.S.C. 
Sec. 262), an intravenously injected drug, or an infused drug, shall include specific 
procedures to ensure that these medications are packaged, transported, stored, and 
dispensed at appropriate temperatures and in accordance with USP standards and 
the Pharmacy Law. 
(m) Notwithstanding any other law, a participating entity shall follow the same federal 
and state procedural drug pedigree requirements for donated drugs as it would 
follow for drugs purchased from a wholesaler or directly from a drug manufacturer. 
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(n) On January 1, 2028, the Board of Pharmacy shall submit to the Legislature an 
evaluation of the regional pilot programs and pilot participants’ compliance to 
program requirements as specified in this division. The report shall comply with 
Section 9795 of the Government Code. 
(o) A participating entity shall disclose to the Board of Pharmacy any “medication 
errors,” as that term is described in Section 1716 of Title 16 of the California Code of 
Regulations, arising out of a program under this division, within 30 days of a 
participating entity discovering the medication error. 
(p) This section shall remain in effect only until January 1, 2030, and as of that date is 
repealed. 
 
Section 150205 of the Health and Safety Code is amended to read: 
 
150205. 
(a) The following persons and entities shall not be subject to criminal or civil liability for 
injury caused when donating, accepting, or dispensing any entity or person donates, 
accepts, or dispenses prescription drugs in compliance with this division: 
(1) A prescription drug manufacturer, wholesaler, governmental entity, or 
participating entity. 
(2) A pharmacist or physician who accepts or dispenses prescription drugs. 
(3) A licensed health or care facility, as described in Section 150202, or a pharmacy, 
as described in Section 150202.5. 
(b) A surplus medication collection and distribution intermediary, as described in Section 
150208, shall not be subject to criminal or civil liability for injury caused when 
facilitating the donation of medications to or transfer of medications in compliance 
with this division. 
 
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