You are here: California / Health and Safety Code - HSC / ARTICLE 1. Requirements of Prescriptions [11150. - 11180.] / Section 11161.5.

Section 11161.5. (Amended by Stats. 2005, Ch. 487, Sec. 3.)
Cite as: Cal. Health & Safety Code §11161.5.

(a)Prescription forms for controlled substance prescriptions shall be obtained from security printers approved by the Department of Justice.

(b)The department may approve security printer applications after the applicant has provided the following information:

(1)Name, address, and telephone number of the applicant.

(2)Policies and procedures of the applicant for verifying the identity of the prescriber ordering controlled substance prescription forms.

(3)Policies and procedures of the applicant for verifying delivery of controlled substance prescription forms to prescribers.

(4)(A)The location, names, and titles of the applicant’s agent for service of process in this state; all principal corporate officers, if any; and all managing general partners, if any.

(B)A report containing this information shall be made on an annual basis and within 30 days after any change of office, principal corporate officers, or managing general partner.

(5)(A)A signed statement indicating whether the applicant, principal corporate officers, or managing general partners have ever been convicted of, or pled no contest to, a violation of any law of a foreign country, the United States, or any state, or of any local ordinance.

(B)The department shall provide the applicant with the means and direction to provide fingerprints and related information, in a manner specified by the department, for the purpose of completing state, federal, or foreign criminal background checks.

(C)Any applicant described in subdivision (b) shall submit his or her fingerprint images and related information to the department, for the purpose of the department obtaining information as to the existence and nature of a record of state, federal, or foreign level convictions and state, federal, or foreign level arrests for which the department establishes that the applicant was released on bail or on his or her own recognizance pending trial, as described in subdivision (l) of Section 11105 of the Penal Code. Requests for federal level criminal offender record information received by the department pursuant to this section shall be forwarded to the Federal Bureau of Investigation by the department.

(D)The department shall assess against each applicant a fee determined by the department to be sufficient to cover all processing, maintenance, and investigative costs generated from or associated with completing state, federal, or foreign background checks pursuant to this section with respect to that applicant; the fee shall be paid by the applicant at the time he or she submits fingerprints and related information to the department.

(E)The department shall retain fingerprint impressions and related information for subsequent arrest notification pursuant to Section 11105.2 of the Penal Code for all applicants.

(c)The department may, within 60 calendar days of receipt of the application from the applicant, deny the security printer application.

(d)The department may deny a security printer application on any of the following grounds:

(1)The applicant, any individual owner, partner, corporate officer, manager, agent, representative, employee, or subcontractor for the applicant, who has direct access, management, or control of controlled substance prescription forms, has been convicted of a crime. A conviction within the meaning of this paragraph means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Any action which a board is permitted to take following the establishment of a conviction may be taken when the time for appeal has elapsed, the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code.

(2)The applicant committed any act involving dishonesty, fraud, or deceit with the intent to substantially benefit himself, herself, or another, or substantially injure another.

(3)The applicant committed any act that would constitute a violation of this division.

(4)The applicant knowingly made a false statement of fact required to be revealed in the application to produce controlled substance prescription forms.

(5)The department determines that the applicant failed to demonstrate adequate security procedures relating to the production and distribution of controlled substance prescription forms.

(6)The department determines that the applicant has submitted an incomplete application.

(7)As a condition for its approval as a security printer, an applicant shall authorize the Department of Justice to make any examination of the books and records of the applicant, or to visit and inspect the applicant during business hours, to the extent deemed necessary by the board or department to properly enforce this section.

(e)An approved applicant shall submit an exemplar of a controlled substance prescription form, with all security features, to the Department of Justice within 30 days of initial production.

(f)The department shall maintain a list of approved security printers and the department shall make this information available to prescribers and other appropriate government agencies, including the Board of Pharmacy.

(g)Before printing any controlled substance prescription forms, a security printer shall verify with the appropriate licensing board that the prescriber possesses a license and current prescribing privileges which permits the prescribing of controlled substances.

(h)Controlled substance prescription forms shall be provided directly to the prescriber either in person, by certified mail, or by a means that requires a signature signifying receipt of the package and provision of that signature to the security printer.

(i)Security printers shall retain ordering and delivery records in a readily retrievable manner for individual prescribers for three years.

(j)Security printers shall produce ordering and delivery records upon request by an authorized officer of the law as defined in Section 4017 of the Business and Professions Code.

(k)(1)The department may revoke its approval of a security printer for a violation of this division or action that would permit a denial pursuant to subdivision (d) of this section.

(2)When the department revokes its approval, it shall notify the appropriate licensing boards and remove the security printer from the list of approved security printers.

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