Article 5. Pharmacists’ Records of California Health And Safety Code >> Division 10. >> Chapter 4. >> Article 5.
The owner of a pharmacy or any person who purchases a
controlled substance upon federal order forms as required pursuant to
the provisions of the Federal "Comprehensive Drug Abuse Prevention
and Control Act of 1970," (P.L. 91-513, 84 Stat. 1236), relating to
the importation, exportation, manufacture, production, compounding,
distribution, dispensing, and control of controlled substances, and
who sells controlled substances obtained upon such federal order
forms in response to prescriptions shall maintain and file such
prescriptions in a separate file apart from noncontrolled substances
prescriptions. Such files shall be preserved for a period of three
Filed prescriptions shall constitute a transaction record
that, together with information that is readily retrievable in the
pharmacy pursuant to Section 11164 shall show or include the
(a) The name(s) and address of the patient(s).
(b) The date.
(c) The character, including the name and strength, quantity, and
directions for use of the controlled substance involved.
(d) The name, address, telephone number, category of professional
licensure, and the federal controlled substance registration number
of the prescriber.
(a) No person other than a pharmacist as defined in Section
4036 of the Business and Professions Code or an intern pharmacist, as
defined in Section 4030 of the Business and Professions Code, who is
under the personal supervision of a pharmacist, shall compound,
prepare, fill or dispense a prescription for a controlled substance.
(b) Notwithstanding subdivision (a), a pharmacy technician may
perform those tasks permitted by Section 4115 of the Business and
Professions Code when assisting a pharmacist dispensing a
prescription for a controlled substance.
In a prosecution under this division, proof that a defendant
received or has had in his possession at any time a greater amount
of controlled substances than is accounted for by any record required
by law or that the amount of controlled substances possessed by the
defendant is a lesser amount than is accounted for by any record
required by law is prima facie evidence of guilt.
(a) No person shall deliver Schedule II, III, or IV
controlled substances to a pharmacy or pharmacy receiving area, nor
shall any person receive controlled substances on behalf of a
pharmacy unless, at the time of delivery, a pharmacist or authorized
receiving personnel signs a receipt showing the type and quantity of
the controlled substances received. Any discrepancy between the
receipt and the type or quantity of controlled substances actually
received shall be reported to the delivering wholesaler or
manufacturer by the next business day after delivery to the pharmacy.
(b) The delivery receipt and any record of discrepancy shall be
maintained by the wholesaler or manufacturer for a period of three
(c) A violation of this section is a misdemeanor.
(d) Nothing in this section shall require a common carrier to
label a package containing controlled substances in a manner contrary
to federal law or regulation.