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Licensing and certification Program

Comparison of SB 1039 & Title 22

(applicable only to GACHs) ​

​Title 22 section 70263

​Statutes effective 1/1/15

​(f) Supplies of drugs for use in medical emergencies shall only be immediately available at each nursing unit or service area as required.

(1) Written P&Ps establishing the contents of the supply procedures for use, restocking and sealing of emergency drug supply shall be developed.
(2) The emergency drug supply shall be stored in a clearly marked portable container which is sealed by the pharmacist in such a manner that a seal must be broken to gain access to the drugs. The contents of the container shall be listed on the outside cover and shall include the earliest expiration date of any drugs within.
(3) The supply shall be inspected by a pharmacist at periodic intervals specified in written policies. Such inspections shall occur no less frequently than every 30 days. Records of such inspections shall

BPC § 4115(i): [In GACHs] a pharmacy technician’s (PT’s) duties [working under the direct supervision and control of a pharmacist] may include:

(1) packaging emergency supplies for use in the GACH and the hospital’s emergency medical system, or as authorized by BPC section 4119 regarding the furnishing of dangerous drugs/devices for emergency pharmaceutical supply containers;
(2) sealing emergency containers for use in the GACH; and

(3) performing monthly checks of the drug supplies stored throughout the GACH, with irregularities being reported within 24 hours to the pharmacist in charge and the director or the chief executive officer of the facility in accordance with the facility’s P&Ps.
BPC § 4119.6: Intern pharmacists under the direct supervision and control, as defined in BPC § 4023.5, of a pharmacist may stock, replenish, and inspect the emergency pharmaceutical supplies container and the emergency medical system supplies of a GACH.

​(g) No drugs shall be administered except by licensed personnel authorized to administer drugs and upon the order of a person lawfully authorized to prescribe or furnish…HSC §11150: Note: Although not in conflict with existing regulations, this HSC section now includes pharmacists acting within their described scope of practice (BPC sections 4052.1, 4052.2, and 4052.6) in the list of healthcare professionals (HCPs) who may write or issue a prescription.
​(g) No drugs shall be administered except by licensed personnel authorized to administer drugs and upon the order of a person lawfully authorized to prescribe or furnish…

HSC §11210: Note: Although not in conflict with existing regulations, this HSC section now includes pharmacists acting within their described scope of practice (BPC section 4052.1, 4052.2, and 4052.6) in the list of HCPs who may do the following:

  • prescribe for, furnish to, or administer controlled substances to his or her patient when the patient is suffering from a disease, ailment, injury, or infirmities attendant upon old age, other than addiction to a controlled substance;
  • prescribe, furnish, or administer controlled substances only when in good faith he or she believes the disease, ailment, injury, or infirmity requires the treatment; and
  • prescribe, furnish, or administer controlled substances only in the quantity and for the length of time as are reasonably necessary.
​(h) Standing orders for drugs may be used for specified patients when authorized by a person licensed to prescribe. A copy of standing orders for a specific patient shall be dated, promptly signed by the prescriber and included in the patient’s medical record…BPC §4119.7(a): A hospital pharmacy servicing a GACH may furnish a dangerous drug or dangerous device pursuant to preprinted or electronic standing orders, order sets, and protocols established under the facility’s P&Ps as approved according to the policies of the facility’s governing board, if the order is dated, timed, and authenticated in the medical record of the patient to whom the dangerous drug or device will be provided.

​(q) Labeling and storage of drugs shall be accomplished to meet the following requirements:

(6) Drugs shall be stored at appropriate temperatures. Refrigerator temperature shall be between 2.2ºC (36ºF) and 7.7ºC (46ºF) and room temperature shall be between 15ºC (59ºF) and 30ºC (86ºF).

BCP § 4119.7(b): A GACH shall store and maintain drugs in accordance with national standards regarding the storage area and refrigerator or freezer temperature, and otherwise pursuant to the manufacturer’s guidelines, with the facility’s P&Ps being required to specify these storage parameters.

​(q) Labeling and storage of drugs shall be accomplished to meet the following requirements:

(10) Drugs maintained on the nursing unit shall be inspected at least monthly by the pharmacist. Any irregularities shall be reported to the director of nursing service and as required by hospital policy.

BPC § 4119.7(c): An intern pharmacist under the direct supervision and control, as defined in BPC section 4023.5, of a pharmacist, may inspect the drugs maintained in the GACH at least once per month, with the facility being required to establish specific written P&Ps for such inspections.


BPC § 4115(i)(3): A PT may perform monthly checks of the drug supplies stored throughout the GACH, with irregularities being reported within 24 hours to the pharmacist in charge and the director or the chief executive officer of the facility in accordance with the facility’s P&Ps.

(s) The pharmacist shall be consulted on proper methods for repackaging and labeling of bulk cleaning agents, solvents, chemicals and poisons used throughout the hospital.HSC §1250.06: A licensed GACH shall adopt P&Ps to designate responsibility for ensuring the use throughout the hospital of proper methods of repackaging and labeling of bulk cleaning agents, solvents, chemicals, and nondrug hazardous substances. The hospital is not required to consult a pharmacist regarding the repackaging and labeling of these substances, except for areas where sterile compounding is performed.

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Comparison applicable only to APHs

​Title 22 Section 71233 ​Statutes effective 1/1/15
​(s) The pharmacist shall be consulted on proper methods for repackaging and labeling of bulk cleaning agents, solvents, chemicals and poisons used throughout the hospital.HSC §1250.06: A licensed APH shall adopt P&Ps regarding the responsibility for ensuring proper methods of repackaging and labeling of bulk cleaning agents, solvents, chemicals, and nondrug hazardous substances used throughout the hospital. The hospital is not required to consult a pharmacist regarding the repackaging and labeling of these substances, except for areas where sterile compounding is performed.

 

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