Existing law, the Pharmacy Law, requires the California State Board of Pharmacy within the Department of Consumer Affairs to license and regulate the practice of pharmacy, including pharmacists, pharmacy technicians, and pharmacies. Under existing law, 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 unless they are licensed, as specified. Existing law exempts a manufacturer or wholesaler that provides dialysis drugs and devices directly to patients from these provisions and authorizes the distribution of drugs and devices directly to dialysis patients pursuant to regulations adopted by the board and other specified conditions.

This bill would also exempt a manufacturer, wholesaler, or distributor that furnishes enteral nutrition products directly to a patient’s residence, as specified, from these provisions. The bill would also authorize a pharmacist or an exempted manufacturer, wholesaler, or distributor to distribute enteral nutrition products directly to patients with medically diagnosed conditions that preclude the full use of regular food pursuant to regulations adopted by the board. The bill would also make technical changes to existing provisions.