CALIFORNIA SUMMARY OF EXISTING LAW

Pharmacy practice law provides that “dispense” is defined as the “furnishing of drugs or devices directly to a patient” by a pharmacy. Under the Health & Safety Code the health plan must “be able to demonstrate…that medical decisions are unhindered by fiscal and administrative management.”

Links to Proposed Laws: CA BUS & PROF § 4024
HSC Sec 1367(g)

PRACTICAL NOTE FOR EXISTING LAW

The phamacy practice law does not prohibit white bagging per se, but could be used to contend that a pharmacy is prohibited from dispensing the medication to the practice, as it is someone other than the patient. Further, the Health and Safety Code may be used to contend that the decisions are being made by fiscal and administrative management, not based on what is best or safest for the patient. Overall, though, this is relatively weak prohibition on the subject.