CA SB1442

Community pharmacies must ensure a pharmacist is never alone while the pharmacy is open to the public; another pharmacy employee or an employee of the establishment housing the pharmacy must be available to assist at all times.

Exemptions apply to hospital pharmacies, government-operated pharmacies, independently owned pharmacies with four or fewer locations in California, certain health plan pharmacies, drive-through-only pharmacies meeting specified conditions, and pharmacies that do not dispense controlled substances or dangerous drugs.

Violations of the staffing requirement are not subject to criminal penalties under Section 4321 of the Business and Professions Code.

The State Board of Pharmacy cannot take enforcement action if inadequate staffing results from unanticipated circumstances such as illness, injury, or employee termination, provided the pharmacy takes reasonable steps to remedy the situation.

Non-licensed employees remain prohibited from performing any pharmacy functions that require a license under California law.