Business and Professions Code section 4051
(a)
For the purposes of this section, “accepted standard of care” means the degree of care a prudent and reasonable pharmacist licensed pursuant to this chapter, with similar education, training, experience, resources, and setting, would exercise in a similar situation.(b)
Except as otherwise provided in this chapter, it is unlawful for any person to manufacture, compound, furnish, sell, or dispense a dangerous drug or dangerous device, or to dispense or compound a prescription pursuant to Section 4040 of a prescriber unless they are a pharmacist under this chapter.(c)
Notwithstanding any other law, a pharmacist may authorize the initiation of a prescription, pursuant to Section 4052, 4052.1, 4052.2, or 4052.6, and otherwise provide clinical advice, services, information, or patient consultation, as set forth in this chapter, if all of the following conditions are met:(1)
The clinical advice, services, information, or patient consultation is provided to a health care professional or to a patient or a patient’s agent.(2)
The pharmacist has access to prescription, patient profile, or other relevant medical information for purposes of patient and clinical consultation and advice.(3)
Access to the information described in paragraph (2) is secure from unauthorized access and use.(4)
The pharmacist provides the service or activity consistent with the accepted standard of care.
Source:
Section 4051, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC§ionNum=4051. (updated Jan. 1, 2026; accessed Dec. 15, 2025).
