Many physicians don't realize that it is
legal and proper for them to dispense medication to patients. Here is the text of
the California State Pharmacy Law which allows physicians to dispense medication
to patients:
Article 12 Prescriber Dispensing
4170. (a) No prescriber shall dispense drugs or dangerous devices to patients
in his or her office or place of practice unless all of the following conditions
are met:
(1) The dangerous drugs or dangerous devices are dispensed to the prescriber's own
patient, and the drugs or dangerous devices are not furnished by a nurse or physician
attendant.
(2) The dangerous drugs or dangerous devices are necessary in the treatment of the
condition for which the prescriber is attending the patient.
(3) The prescriber does not keep a pharmacy, open shop, or drugstore, advertised
or otherwise, for the retailing of dangerous drugs, dangerous devices, or poisons.
(4) The prescriber fulfills all of the labeling requirements imposed upon pharmacists
by Section 4076, all of the recordkeeping requirements of this chapter, and all
of the packaging requirements of good pharmaceutical practice, including the use
of childproof containers.
(5) The prescriber does not use a dispensing device unless he or she personally
owns the device and the contents of the device, and personally dispenses the dangerous
drugs or dangerous devices to the patient packaged, labeled, and recorded in accordance
with paragraph (4).
(6) The prescriber, prior to dispensing, offers to give a written prescription to
the patient that the patient may elect to have filled by the prescriber or by any
pharmacy.
(7) The prescriber provides the patient with written disclosure that the patient
has a choice between obtaining the prescription from the dispensing prescriber or
obtaining the prescription at a pharmacy of the patient's choice.
(8) A certified nurse-midwife who functions pursuant to a standardized procedure
or protocol described in Section 2746.51, a nurse practitioner who functions pursuant
to a standardized procedure described in Section 2836.1, or protocol, or a physician
assistant who functions pursuant to Section 3502.1, may hand to a patient of the
supervising physician and surgeon a properly labeled prescription drug prepackaged
by a physician and surgeon, a manufacturer as defined in this chapter, or a pharmacist.
(b) The Medical Board of California, the State Board of Optometry, the Dental Board
of California, the Osteopathic Medical Board of California, the Board of Registered
Nursing, the Veterinary Medical Board, and the Physician Assistant Committee shall
have authority with the California State Board of Pharmacy to ensure compliance
with this section, and those boards are specifically charged with the enforcement
of this chapter with respect to their respective licensees.
(c) "Prescriber," as used in this section, means a person, who holds a physician's
and surgeon's certificate, a license to practice optometry, a license to practice
dentistry, a license to practice veterinary medicine, or a certificate to practice
podiatry, and who is duly registered by the Medical Board of California, the State
Board of Optometry, the Dental Board of California, the Veterinary Medical Board,
or the Board of Osteopathic Examiners of this state.