4106.5.
(a) For purposes of this section, the following terms shall have the following meanings:(1) “Chain community pharmacy” has the same meaning as in subdivision (c) of Section 4001.
(2) “Independent community pharmacy” has the same meaning as in subdivision (c) of Section 4001.
(3) “Pharmacy” means either a chain community pharmacy or an independent community pharmacy.
(4) “Safe storage products” means either:
(A) A box made with the intent of storing medicine that includes a locking mechanism that cannot be tampered with or opened without extreme force.
(B) A medicine locking closure container accessible only by the designated patient with a passcode, an alphanumeric code, a key, or by another secure mechanism. A medicine locking closure container includes, but is not limited to, a prescription container combined with a resettable alphanumeric code.
(5) “Schedule II, III, or IV controlled substances” means any substance defined as a Schedule II, III, or IV controlled substance in Sections 11055, 11056, and 11057 of the Health and Safety Code.
(b) A pharmacy that dispenses Schedule II, III, or IV controlled substances shall display safe storage products within 50 feet of the counter from which the Schedule II, III, or IV controlled substances are furnished.
(c) A pharmacy subject to subdivision (b) shall
make customers aware of the availability of the safe storage products by displaying a sign on or near the pharmacy counter that complies with both of the following:
(1) Is at least 4 inches by 5 inches.
(2) Includes the following statement in legibly printed font: “Safe storage products for securing your prescription medications are available at this pharmacy.”
(d) (1) The board shall assess a fine in an amount to be determined by the board for a violation of this section.
(2) Notwithstanding paragraph (1), the board may choose not to take administrative action against a pharmacy if it determines that compliance with this section would create a financial hardship on the pharmacy.
(e) Section 4321 shall not apply to a violation of this section.