1. (a) A California prescription drug shall only be sold by a qualified individual.

2. (b) A qualified individual shall not sell a California prescription drug without the purchaser first providing a prescription in a written, facsimile, or electronic image format. A qualified individual shall not alter or amend a prescription nor sell a California prescription drug on the basis of an oral order. Prior to selling the California prescription drug, the qualified individual shall verify:

   1. (1) The prescription describes a use that is in accordance with the manufacturer or distributor's label for the prescribed drug; and
   2. (2) The date sold is within the expiration date and within six months of the issuance date listed on the prescription.

3. (c) In addition to the recordkeeping requirements listed in Chapter 4 of Division 7 of the Food and Agricultural Code and Section 5004 of Title 3 of the California Code of Regulations, a restricted livestock drug licensee shall comply with the following provisions for each sale of a California prescription drug.

   1. (1) Include all of the following in the record of sale:

      1. (A) Indication that the drug sold is a California prescription drug;
      2. (B) Identification of the qualified individual selling the drug; and
      3. (C) A unique identification number.
   2. (2) Retain a copy of the prescription labeled with the corresponding unique identification number listed in the record of sale.

   3. (3) The record of sale and copy of the prescription:

      1. (A) Shall be retained for a period of not less than three (3) years following the date of sale.
      2. (B) Are subject to audit by the Department and shall be made available to the Department upon request.

Note: Authority cited: Sections 407, 14231, 14403 and 14405, Food and Agricultural Code. Reference: Sections 14295, 14327, 14328, 14329, 14330, 14358, 14403 and 14405, Food and Agricultural Code.

History

1. New section filed 8-16-2018; operative 8-16-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 33).