California Business and Professions Code

§ 2242

BPC § 2242 Effective Oct 11, 2019Div. 2 · Ch. 5 · Art. 12

Statute text

(a)Prescribing, dispensing, or furnishing dangerous drugs as defined in Section 4022 without an appropriate prior examination and a medical indication, constitutes unprofessional conduct. An appropriate prior examination does not require a synchronous interaction between the patient and the licensee and can be achieved through the use of telehealth, including, but not limited to, a self-screening tool or a questionnaire, provided that the licensee complies with the appropriate standard of care.

(b)No licensee shall be found to have committed unprofessional conduct within the meaning of this section if, at the time the drugs were prescribed, dispensed, or furnished, any of the following applies:

(1)The licensee was a designated physician and surgeon or podiatrist serving in the absence of the patient’s physician and surgeon or podiatrist, as the case may be, and if the drugs were prescribed, dispensed, or furnished only as necessary to maintain the patient until the return of the patient’s practitioner, but in any case no longer than 72 hours.

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Legislative history

Amended by Stats. 2019, Ch. 741, Sec. 1. (AB 1264) Effective October 11, 2019.