Board of Pharmacy moves to start rulemaking to allow remote prescription processing

The Board of Pharmacy voted to initiate rulemaking to add California Code of Regulations, Title 16, section 17.17.11 to establish provisions for remote prescription processing by licensed pharmacists.

The proposed change follows an amendment to the definition of "pharmacist" in section 40.36 to clarify that a holder of an unexpired, active pharmacist license is entitled to practice "within or outside of a licensed pharmacy." The board said the rulemaking package would be submitted for review by the Department of Consumer Affairs and the Business, Consumer Services and Housing Agency and that the executive officer would be authorized to make technical or non‑substantive edits and to complete adoption if no adverse comments or hearing requests are received during the 45‑day comment period.

Board members and public commenters debated practical implications. Board member Jesse asked how the board would inspect one‑off remote processing locations — for example, a pharmacist verifying immunizations done at a clinic — and whether a single, infrequent remote worksite would realistically be subject to inspection. Executive Officer Anne responded the inspection authority described in the proposal is intended to support investigations and is not meant to be used for routine, proactive inspections.

Public comment was largely favorable. A specialty pharmacist who identified herself as Jackie Silver thanked the board "for making remote processing possible" and urged timely action. A representative of Kaiser Permanente said the health system "supports common sense regulations that would allow for pharmacist remote prescription processing, regardless of practice siting," while another caller urged expedited rulemaking citing the COVID‑era demonstration of the model.

Not all comments were unqualified. One caller raised constitutional concerns related to Fourth Amendment protections and asked the board to clarify the statutory inspection authority that would allow inspectors to enter a remote worksite.

When the motion was called, Jesse voted No; the remaining members present voted Yes and the motion passed. The board directed staff to proceed with the notice, review and comment process as described.

The board's materials include draft regulatory text and a suggested motion; the formal rulemaking package and specific compliance details will be developed and published for public comment during the formal rulemaking process.