4200.  (a) The board shall license as a pharmacist, and issue a
certificate to, any applicant who meets all the following
requirements:
   (1) Is at least 18 years of age.
   (2) (A) Has graduated from a college of pharmacy or department of
pharmacy of a university recognized by the board; or
   (B) If the applicant graduated from a foreign pharmacy school, the
applicant has received a grade satisfactory to the board on an
examination designed to measure the equivalency of foreign pharmacy
education with that required of domestic graduates.
   (3) Has completed at least 150 semester units of collegiate study
in the United States, or the equivalent thereof in a foreign country.
  No less than 90 of those semester units shall have been completed
while in resident attendance at a school or college of pharmacy.
   (4) Has earned at least a baccalaureate degree in a course of
study devoted to the practice of pharmacy.
   (5) Has had 1,500 hours of pharmaceutical experience in accordance
with regulations adopted by the board.
   (A) "Pharmaceutical experience," constitutes service and
experience in a pharmacy under the personal supervision of a
pharmacist, and consists of service and experience predominantly
related to the selling of drugs, compounding physician's
prescriptions, preparing pharmaceutical preparations, and keeping
records and making reports required under state and federal statutes.

   (B) To be credited to the total number of hours required by this
subdivision, this experience shall have been obtained in pharmacies
and under conditions set forth by rule or regulation of the board.
   (6) Has passed a written and practical examination given by the
board.
   (b) Proof of the qualifications of any applicant for licensure as
a pharmacist, shall be made to the satisfaction of the board and
shall be substantiated by affidavits or other evidence as may be
required by the board.
   (c) Each person, upon application for licensure as a pharmacist
under this chapter, shall pay to the executive officer of the board,
the fees provided by this chapter, which fees shall be compensation
to the board for investigation or examination of the applicant.



4200.1.  (a) Notwithstanding Section 135, commencing July 1, 1998,
an applicant who fails to pass the examination required by Section
4200 after four attempts shall not be eligible for further
reexamination until the applicant has successfully completed a
minimum of an additional 16 semester units of education in pharmacy.
The applicant shall complete a minimum of 16 semester units or the
equivalent from pharmacy coursework as approved by the board.  When
the applicant applies for reexamination, he or she shall furnish
proof satisfactory to the board that he or she has successfully
completed all of the requirements of Section 4200.
   (b) From July 1, 1998, to June 1, 2004, inclusive, the board shall
collect data on the applicants who are admitted to, and take, the
licensure examinations required by Section 4200.  The board shall
report to the Legislature after June 1, 2004, and before December 31,
2004, regarding the impact on those applicants of the four-attempt
limit imposed by this section.  The report shall include, but not be
limited to, the following:
   (1) The number of applicants taking the examination and the number
who fail the examination for the fourth time.
   (2) The number of applicants who, after failing the examination
for the fourth time, apply to take the additional 16 semester units
of pharmacy education in California, and the number of these
applicants who are accepted into the pharmacy education programs.
   (3) The number of applicants who, after failing the examination
for the fourth time, apply to participate in any pharmacy studies
program, in or out of California, and the number of these applicants
accepted by those programs.
   (4) To the extent possible, the school and country from which
applicants graduated and the comparative pass/fail rates on the
examination in relation to the school and country.
   (c) This section shall remain in effect only until January 1,
2005, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2005, deletes or extends
that date.



4200.5.  (a) The board shall issue, upon application and payment of
the fee established by Section 4400, a retired license to a
pharmacist who has been licensed by the board.  The board shall not
issue a retired license to a pharmacist whose license has been
revoked.
   (b) The holder of a retired license issued pursuant to this
section shall not engage in any activity for which an active
pharmacist's license is required.  A pharmacist holding a retired
license shall be permitted to use the titles "retired pharmacist" or
"pharmacist, retired."
   (c) The holder of a retired license shall not be required to renew
that license.
   (d) In order for the holder of a retired license issued pursuant
to this section to restore his or her license to active status, he or
she shall pass the examination that is required for initial
licensure with the board.


4201.  (a) Each application to conduct a pharmacy, wholesaler, or
veterinary food-animal drug retailer, shall be made on a form
furnished by the board, and shall state the name, address, usual
occupation, and professional qualifications, if any, of the
applicant.  If the applicant is other than a natural person, the
application shall state the information as to each person
beneficially interested therein.
   (b) As used in this section, and subject to subdivision (c), the
term "person beneficially interested" means and includes:
   (1) If the applicant is a partnership or other unincorporated
association, each partner or member.
   (2) If the applicant is a corporation, each of its officers,
directors, and stockholders, provided that no natural person shall be
deemed to be beneficially interested in a nonprofit corporation.
   (3) If the applicant is a limited liability company, each officer,
manager, or member.
   (c) In any case where the applicant is a partnership or other
unincorporated association, is a limited liability company, or is a
corporation, and where the number of partners, members, or
stockholders, as the case may be, exceeds five, the application shall
so state, and shall further state the information required by
subdivision (a) as to each of the five partners, members, or
stockholders who own the five largest interests in the applicant
entity.  Upon request by the executive officer, the applicant shall
furnish the board with the information required by subdivision (a) as
to partners, members, or stockholders not named in the application,
or shall refer the board to an appropriate source of that
information.
   (d) The application shall contain a statement to the effect that
the applicant has not been convicted of a felony and has not violated
any of the provisions of this chapter.  If the applicant cannot make
this statement, the application shall contain a statement of the
violation, if any, or reasons which will prevent the applicant from
being able to comply with the requirements with respect to the
statement.
   (e) Upon the approval of the application by the board and payment
of the fee required by this chapter for each pharmacy, wholesaler, or
veterinary food-animal drug retailer, the executive officer of the
board shall issue a license to conduct a pharmacy, wholesaler, or
veterinary food-animal drug retailer, if all of the provisions of
this chapter have been complied with.
   (f) Notwithstanding any other provision of law, the pharmacy
license shall authorize the holder to conduct a pharmacy.  The
license shall be renewed annually and shall not be transferable.
   (g) Notwithstanding any other provision of law, the wholesale
license shall authorize the holder to wholesale dangerous drugs and
dangerous devices.  The license shall be renewed annually and shall
not be transferable.
   (h) Notwithstanding any other provision of law, the veterinary
food-animal drug retailer license shall authorize the holder thereof
to conduct a veterinary food-animal drug retailer and to sell and
dispense veterinary food-animal drugs as defined in Section 4042.
   (i) For licenses referred to in subdivisions (f), (g), and (h),
any change in the proposed beneficial ownership interest shall be
reported to the board within 30 days thereafter upon a form to be
furnished by the board.
   (j) This section shall become operative on July 1, 2001.



4202.  (a) An applicant for registration as a pharmacy technician
shall be issued a certificate of registration if he or she is a high
school graduate or possesses a general education development
equivalent, and meets any one of the following requirements:
   (1) Has obtained an Associate of Arts degree in a field of study
directly related to the duties performed by a pharmacy technician.
   (2) Has completed a course of training specified by the board.
   (3) Is eligible to take the board's pharmacist licensure
examination, but has not been licensed by the board as a pharmacist.
Once licensed as a pharmacist, the pharmacy technician registration
is no longer valid and the pharmacy technician certificate of
registration must be returned to the board within 15 days.
   (4) Has provided satisfactory proof to the board of one year's
experience performing the tasks specified in subdivision (a) of
Section 4115 while employed or utilized as a pharmacy technician to
assist in the filling of prescriptions for an inpatient of a
hospital, for an inmate of a correctional facility, or experience
deemed equivalent by the board.
   (b) The board shall adopt regulations pursuant to this section for
the registration of pharmacy technicians and for the specification
of training courses as set out in paragraph (2) of subdivision (a).
Proof of the qualifications of any applicant for registration as a
pharmacy technician shall be made to the satisfaction of the board
and shall be substantiated by any evidence as may be required by the
board.
   (c) The board shall conduct a criminal background check of the
applicant to determine if an applicant has committed acts that would
constitute grounds for denial of registration, pursuant to this
chapter or Chapter 2 (commencing with Section 480) of Division 1.5.
   (d) The board may suspend or revoke any registration issued
pursuant to this section on any ground specified in Section 4301.



4203.  (a) Each application for a license under Section 4180 shall
be made on a form furnished by the board.  The form of application
for a license under Section 4180 shall contain the name and address
of the applicant, whether the applicant is licensed as a primary care
clinic as defined in this code, the name of its professional
director, the name of its administrator, and the name of its
consulting pharmacist.
   (b) Upon the filing of the application and payment of the fee
prescribed in subdivision (s) of Section 4400, the board shall make a
thorough investigation to determine whether the applicant and the
premises for which application for a permit is made qualify for a
license.  The board shall also determine whether this article has
been complied with, and shall investigate all matters directly
related to the issuance of the license.  The board shall not,
however, investigate any matters connected with the operation of a
premises, including operating hours, parking availability, or
operating noise, except those matters relating to the furnishing,
sale, or dispensing of drugs or devices.  The board shall deny an
application for a license if either the applicant or the premises for
which application for a license is made do not qualify for a license
under this article.
   (c) If the board determines that the applicant and the premises
for which application for a license is made qualify for a license
under this article, the executive officer of the board shall issue a
license authorizing the clinic to which it is issued to purchase
drugs at wholesale pursuant to Section 4180.  The license shall be
renewed annually on or before December 31 of each year upon payment
of the renewal fee prescribed in subdivision (s) of Section 4400 and
shall not be transferable.



4204.  (a) Each application for a license under Section 4190 shall
be made on a form furnished by the board.  The form of application
for a license under this article shall contain the name and address
of the applicant, whether the applicant is licensed, the type of
services the facility will offer, the name of its professional
director, the name of its administrator, and the name of its
consulting pharmacist.
   (b) Each initial application shall contain a statement from a
consulting pharmacist certifying that the policies and procedures of
the clinic's drug distribution service, relative to inventories,
security procedures, training, protocol development, recordkeeping,
packaging, labeling, dispensing, and patient consultation are
consistent with the promotion and protection of health and safety of
the public.  Upon the filing of the application and the payment of a
fee in subdivision (s) of Section 4400, the board shall make a
thorough investigation to determine whether the applicant and the
premises for which application for a license is made qualify for a
license.  The board shall also determine whether this article has
been complied with, and shall investigate all matters directly
related to the issuance of the license.  The board shall not however,
investigate any matters connected with the operation of a premises,
including operating hours, parking availability, or operating noise,
except those matters relating to the furnishing, sale, or dispensing
of drugs or devices.  The board shall deny an application for a
license if either the applicant or the premises for which application
for a license is made do not qualify for a license under this
article.
   (c) If the board determines that the applicant and the premises
for which application for a license is made qualify for a license
under Section 4190, the executive officer of the board shall issue a
license authorizing the clinic to which it is issued to purchase
drugs at wholesale pursuant to Section 4190.  The license shall be
renewed annually upon payment of a renewal fee prescribed in
subdivision (s) of Section 4400 and shall not be transferable.



4205.  (a) A license issued pursuant to Section 4110, 4120, 4130,
4160, or 4161 shall be considered a license within the meaning of
Section 4141.
   (b) The board may, in its discretion, issue a license to any
person authorizing the sale and dispensing of hypodermic syringes and
needles for use for animals and poultry.
   (c) The application for a license shall be made in writing on a
form to be furnished by the board.  The board may require any
information as the board deems reasonably necessary to carry out the
purposes of this article.
   (d) A separate license shall be required for each of the premises
of any person who sells or dispenses hypodermic syringes or needles
at more than one location.
   (e) A license shall be renewed annually and shall not be
transferable.
   (f) The board may deny, revoke, or suspend any license issued
pursuant to this article for any violation of this chapter.



4206.  The rules of professional conduct adopted by the board shall
be printed as a part of the application for licenses and every
applicant shall subscribe thereto when making an application.



4207.  Upon receipt of an application for a license and the
applicable fee, the board shall make a thorough investigation to
determine whether the applicant and the premises for which a license
is applied qualify for a license.  The board shall also determine
whether this article has been complied with, and shall investigate
all matters directly related to the issuance of the license that may
affect the public welfare.  The board shall not, however, investigate
any matters connected with the operation of a premises, including
operating hours, parking availability, or operating noise, other than
those matters that, solely due to the furnishing, sale, or
dispensing of narcotics, dangerous drugs, or dangerous devices might
adversely affect the public welfare.  The board shall deny an
application for a license if either the applicant or the premises for
which a license is applied do not qualify for a license under this
article.