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Health and Safety Code - HSC


Published: 2015-07-09

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Health and Safety Code - HSC

DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 - 11651]

  ( Division 10 repealed and added by Stats. 1972, Ch. 1407. )

CHAPTER 5. Use of Controlled Substances [11210 - 11256]

  ( Chapter 5 added by Stats. 1972, Ch. 1407. )
ARTICLE 4. Sale Without Prescription [11250 - 11256]
  ( Heading of Article 4 renumbered from Article 5 by Stats. 1985, Ch. 1098, Sec. 3. )

11250.  

(a)  No prescription is required in case of the sale of controlled substances at retail in pharmacies by pharmacists to any of the following:

(1)  Physicians.

(2)  Dentists.

(3)  Podiatrists.

(4)  Veterinarians.

(5)  Pharmacists acting within the scope of a project authorized under Article 1 (commencing with Section 128125) of Chapter 3 of Part 3 of Division 107, or registered nurses acting within the scope of a project authorized under Article 1 (commencing with Section 128125) of Chapter 3 of Part 3 of Division 107, or physician assistants acting within the scope of a project authorized under Article 1 (commencing with Section 128125) of Chapter 3 of Part 3 of Division 107.

(6)  Optometrist.

(b)  In any sale mentioned in this article, there shall be executed any written order that may otherwise be required by federal law relating to the production, importation, exportation, manufacture, compounding, distributing, dispensing, or control of controlled substances.

(Amended by Stats. 2003, Ch. 426, Sec. 4. Effective January 1, 2004.)

11251.  

No prescription is required in case of sales at wholesale by pharmacies, jobbers, wholesalers, and manufacturers to any of the following:

(a)  Pharmacies as defined in the Business and Professions Code.

(b)  Physicians.

(c)  Dentists.

(d)  Podiatrists.

(e)  Veterinarians.

(f)  Other jobbers, wholesalers or manufacturers.

(g)  Pharmacists acting within the scope of a project authorized under Article 1 (commencing with Section 128125) of Chapter 3 of Part 3 of Division 107, or registered nurses acting within the scope of a project authorized under Article 1 (commencing with Section 128125) of Chapter 3 of Part 3 of Division 107, or physician assistants acting within the scope of a project authorized under Article 1 (commencing with Section 128125) of Chapter 3 of Part 3 of Division 107.

(h)  Optometrists.

(Amended by Stats. 2003, Ch. 426, Sec. 5. Effective January 1, 2004.)

11252.  

All wholesale jobbers, wholesalers, and manufacturers, mentioned in this division shall keep, in a manner readily accessible, the written orders or blank forms required to be preserved pursuant to federal law relating to the production, importation, exportation, manufacture, compounding, distributing, dispensing, or control of controlled substances.

(Added by Stats. 1972, Ch. 1407.)

11253.  

The written orders or blank forms shall be preserved for at least three years after the date of the last entry made.

(Amended by Stats. 1976, Ch. 896.)

11255.  

The taking of any order, or making of any contract or agreement, by any traveling representative or employee of any person for future delivery in this state, of any controlled substance constitutes a sale within the meaning of this division.

(Added by Stats. 1972, Ch. 1407.)

11256.  

Within 24 hours after any purchaser in this state gives any order for a controlled substance classified in Schedule II to, or makes any contract or agreement for purchases from or sales by, an out-of-state wholesaler or manufacturer of any controlled substances for delivery in this state, the purchaser shall forward to the Attorney General by registered mail a true and correct copy of the order, contract, or agreement.

(Added by Stats. 1972, Ch. 1407.)