(a) A participating practitioner in the collection and distribution of unused cancer medications pursuant to the program established pursuant to Division 117 (commencing with Section 150400) of the Health and Safety Code shall be registered with a surplus medication collection and distribution intermediary, as defined in Section 150401 of the Health and Safety Code, in accordance with this section. The registration shall be renewed annually. (b) An application for registration with a surplus medication collection and distribution intermediary shall be made on a form, which may be in an electronic format, furnished by the surplus medication collection and distribution intermediary, and shall state the name, address, usual occupation, and professional qualifications, if any, of the applicant. (c) Upon the approval of an application by a surplus medication collection and distribution intermediary, and payment of a fee in an amount not to exceed three hundred dollars ($300) to the surplus medication collection and distribution intermediary for processing the application and issuing or renewing the registration, the surplus medication collection and distribution intermediary shall issue or renew a registration certificate to operate as a participating practitioner, if the practitioner has complied with all of the provisions of this chapter. (d) A surplus medication collection and distribution intermediary shall do all of the following: (1) Create a registry, not to exceed 50 participating practitioners. (2) Develop a donor form that may be in an electronic format and that shall include all of the following information: (A) The date the medication was donated. (B) The name, address, and telephone number of the donor. (C) The name, strength, and quantity of the medication. (D) The manufacturer and lot number, if applicable, of the medication. (E) The name and dated signature of the practitioner who is accepting and inspecting the donated medication. (F) An acknowledgment that the medication was handled and stored in accordance with the physicianâs order and per the manufacturerâs recommendation. (3) Develop a recipient form, which may be in an electronic format, and which shall include all of the following: (A) The date the recipient received the medication. (B) The name, address, and telephone number of the recipient. (C) The name, strength, and quantity of the medication. (D) The manufacturer and the lot number, if applicable, of the medication. (E) The name and dated signature of the practitioner who is accepting and inspecting the donated medication. (F) An acknowledgment that the donor is known to the practitioner and is a patient of record, and that there is no reason to believe that the donated prescription medication was improperly handled or stored. (G) An acknowledgment that by accepting the donated prescription medication, the recipient accepts any risks that an accidental mishandling could create. (H) An acknowledgment that the donor, the participating practitioner, and the surplus medication collection and distribution intermediary are released from liability arising from their participation pursuant to this article and the program established pursuant to Division 117 (commencing with Section 150400) of the Health and Safety Code. (I) An acknowledgment that the pharmaceutical manufacturer is released from liability of any claims or injury arising from the transfer of any prescription medication pursuant to this article and the program established pursuant to Division 117 (commencing with Section 150400) of the Health and Safety Code. (J) An acknowledgment that the recipient is receiving donated prescription medication and that the recipient is receiving the donated prescription medication at no cost. (e) A participating practitioner is exempt from licensure as a wholesaler. (f) A participating practitioner shall keep and maintain for three years records created by the participating practitioner for purposes of this a
‹ Prev All California sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.