Allowed
Note: PharmaLink has compiled the information below for reference only. State dispensing regulations change frequently and we recommend consulting an attorney or your state medical or pharmacy board with specific questions or to verify your eligibility to dispense.
Physician dispensing is explicitly allowed in California under Pharmacy Law Article 12, Section 4170. Physicians may dispense legend drugs to patients under their California state medical license, provided they meet specific criteria, such as dispensing only to the physician’s own patients and meeting certain labeling requirements. While the Pharmacy Practice Act provides a broad and unrestricted right for physicians and PAs to dispense prescription drugs, the authority of NPs is much more nuanced: although Nurse Practitioners are included in the definition of “prescriber” and thus may dispense legend drugs, they must act pursuant to a standardized procedure as outlined in Section 2836.1 or a protocol limited to handing patients of the supervising physician a properly labeled prescription drug prepackaged by a physician, a manufacturer, or a pharmacist.
Section 2837.103 authorizes NPs who (1) are nationally board certified, (2) satisfy certain clinical practice training hour requirements, and (3) have completed a transition to practice in California of a minimum of three full-time-equivalent years of practice or 4,600 hours to independently dispense over-the-counter drugs, legend drugs, and controlled substances in certain settings in which one or more physicians practice with the NP. NPs who do not meet the requirements outlined above are restricted by the Pharmacy Practice Act as well as the Nursing Practice Act to handing patients of the supervising physician a properly labeled prescription drug prepackaged by a physician, a manufacturer, or a pharmacist. See Cal. Bus. & Prof. Code §§ 4170(b) and 2836.1.
California Health & Safety Code section 11165(d) requires that each dispense of a Schedule II through Schedule V controlled substance be reported to the Controlled Substance Utilization, Review and Evaluation System (CURES) as soon as reasonably possible, and no more than one working day after the date of dispensing.
Physician Assistants (PAs) may also dispense in-office to their patients in accordance with their practice agreement and consistent with the physician assistant’s educational preparation. For more information, see Information Bulletin SB 697 Frequently Asked Questions.
California Business and Professions Code Section 2725.1 allows registered nurses to dispense (hand to a patient) medication, except controlled substances, upon the valid order of a physician in primary, community, and free clinics. AB 1545, Chapter 914 (Correa) amended Section 2725.1 to enable Nurse Practitioners (NPs) to dispense drugs, including controlled substances, pursuant to a standardized procedure or protocol in primary, community, and free clinics. For more information, click here.
Dispensing in California with PharmaLink
Dispensing medications to your patients offers meaningful benefits: additional practice revenue, better medication adherence, greater convenience for patients, and fewer pharmacy callbacks for your staff. PharmaLink provides a turnkey dispensing program — prepackaged medications, web-based software, equipment, and support — so most practices can start dispensing within days of completing their application.
- Cash & carry dispensing — patients pay at the point of care with transparent pricing.
- Workers' comp dispensing — treat injured workers and bill the workers' compensation carrier.
- Private insurance dispensing — adjudicate claims to your patients' insurance plans.
- Mail order & home delivery — send prescriptions to a fulfillment pharmacy that ships directly to your patients.
If you plan to dispense controlled substances, PharmaLink's software automatically reports to state PDMPs in all states where we operate.