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, 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, or a certificate to
practice podiatry, and who is duly registered as such by the Medical
Board of California, the State Board of Optometry, the Dental Board
of California, or the Board of Osteopathic Examiners of this state.



4171.  (a) Section 4170 shall not prohibit the furnishing of a
limited quantity of samples by a prescriber, if the prescriber
dispenses the samples to the patient in the package provided by the
manufacturer, no charge is made to the patient therefor, and an
appropriate record is entered in the patient's chart.
   (b) Section 4170 shall not apply to clinics, as defined in
subdivision (a) of Section 1204 or subdivision (b) or (c) of Section
1206 of the Health and Safety Code, to veterinarians furnishing drugs
for the treatment of animals, to programs licensed pursuant to
Sections 11876, 11877, and 11877.5 of the Health and Safety Code, or
to a prescriber dispensing parenteral chemotherapeutic agents,
biologicals, or delivery systems used in the treatment of cancer.



4172.  A prescriber who dispenses drugs pursuant to Section 4170
shall store all drugs to be dispensed in an area that is secure.  The
Medical Board of California shall, by regulation, define the term
"secure" for purposes of this section.




4173.  This chapter does not prevent the dispensing of drugs or
devices by registered nurses functioning pursuant to Section 2725.1.



4174.  Notwithstanding any other provision of law, a pharmacist may
dispense drugs or devices upon the drug order of a nurse practitioner
functioning pursuant to Section 2836.1 or a certified nurse midwife
functioning pursuant to Section 2746.51, a drug order of a physician
assistant functioning pursuant to Section 3502.1, or the order of a
pharmacist acting under Section 4052.



4175.  (a) The California State Board of Pharmacy shall promptly
forward to the appropriate licensing entity, including the Medical
Board of California, the Dental Board of California, the State Board
of Optometry, the Osteopathic Medical Board of California, the Board
of Registered Nursing, or the Physician Assistant Committee, all
complaints received related to dangerous drugs or dangerous devices
dispensed by a prescriber, certified nurse-midwife, nurse
practitioner, or physician assistant pursuant to Section 4170.
   (b) All complaints involving serious bodily injury due to
dangerous drugs or dangerous devices dispensed by prescribers,
certified nurse-midwives, nurse practitioners, or physician
assistants pursuant to Section 4170 shall be handled by the Medical
Board of California, the Dental Board of California, the State Board
of Optometry, the Osteopathic Medical Board of California, the Board
of Registered Nursing, or the Physician Assistant Committee as a case
of greatest potential harm to a patient.