No person shall dispense, dangerous drugs or dangerous devices on the Internet to any person in California without prescription based on an examination, if the dispenser either knew or reasonably should have known that the prescription was not issued pursuant to a good faith prior examination of a human or animal, or if the person or entity did not act in accordance with Section 1761 of Title 16 of the California Code of Regulations.
Within a telemedicine scenario, all existing laws regarding patient access to medical information and copies of medical records apply, and dissemination of any patient identifiable images or information from the telemedicine interaction to researchers or other entities shall not occur without the consent of the patient;
This section defines "telemedicine" to include transfer of medical data using audio, video or data communication; All existing laws regarding patient access to medical information and copies of medical records apply to patients receiving care by telemedicine.
A prescriber or pharmacist may electronically enter a prescription or order into a pharmacy or hospital computer from a remote location if permission is obtained from the hospital or pharmacy.
A pharmacist, registered nurse, licensed vocational nurse, licensed psychiatric technician or other healing arts licentiate, if authorized by administrative regulation and employed by a health care facility, may orally or electronically send a prescription to the furnisher.
A pharmacist, registered nurse, licensed vocational nurse, licensed psychiatric technician, working for a licensed skilled nursing, intermediate care, or other health care facility, may orally or electronically transmit to the furnisher a prescription lawfully ordered by a person authorized to prescribe drugs or devices pursuant to Sections 4040 and 4070. The furnisher shall take appropriate steps to determine that the person who transmits the prescription is authorized to do so and shall record the name of the person who transmits the order.
Records of the manufacture, sale, acquisition, or disposition of dangerous drugs or devices must be available for inspection by authorized law officers during business hours.
