Opening a business can be tricky in California. However, opening a pharmacy requires more time and planning! California can be complex and demanding when it comes down to its meticulous requirements when planning a pharmacy. This process is strict and requires both federal and state regulations to get this done. From licensing and permits to operational requirements and compliance, the process can be a headache. Fret not! KAASS LAW is here to help. Our firm, with careful preparation and expert guidance, can help establish a thriving pharmacy business in California. We understand the intricacies of CA’s regulation landscapes and commit to assisting aspiring pharmacy owners. The following will aim to navigate the legal complexities involved. Furthermore, this will provide a comprehensive overview of the key steps in opening a pharmacy in California!
How Does One Legally Open an Independent Pharmacy in the State of California?
Let’s look into the requirements of legally opening a pharmacy in California set forth by state law. The rules and laws written below gives us the legal understanding on how to conduct and run a pharmacy without avoiding any misstep.
California Business and Professions Code Section 4110
Business and Professions Code Section 4110 states, “No person shall conduct a pharmacy in the State of California unless he or she has obtained a license from the board. A license shall be a requirement for each pharmacy owner or someone in charge of operation by a specific person. A separate license shall be required for each of the premises of any person operating a pharmacy in more than one location. The license shall be renewed annually.”
This license can be granted to an individual, firm, corporation, or any other entity that seeks to open a pharmacy. The application process will require that one send in financial information and criminal history.
California Business and Professions Code Section 4113
In accordance with BPC section 4113, the pharmacy must designate a pharmacist-in-charge. The pharmacist-in-charge is a pharmacist with a license in the state of California who has designation and approval from the California State Board of Pharmacy. They are responsible for ensuring that the pharmacy follows all laws and regulations.
California Business and Professions Code Section 4150
It is important to note that once these requirements are in fufillment, pharmacies in California may not operate as a traditional corporation or LLC. Instead, they must register as a professional corporation in accordance with the California Corporations Code Section 4150 and get approval from the secretary of state.
Due to the fact that pharmacies in California are classified as professional corporations, they are subject to more extensive licensing requirements than traditional businesses. A pharmacy must register itself with the California State Board of Pharmacy, and designate a pharmacist-in-charge, who is responsible for ensuring that they follow all laws and regulations associated with operating a pharmacy.
This section also specifies information involved with pharmacy shareholders. With some exceptions, shareholders and directors of the pharmacy must be able to be a license pharmacists. The section states, “Each shareholder, director, and officer of a pharmacy corporation, except an assistant secretary and an assistant treasurer, shall be a licensed person [to practice pharmacy]” Therefore, shares cannot be sold to someone without a pharmacy license in California unless they are an assistance secretary or assistant treasurer.
Seek Legal Counsel
Talking to an attorney with prestige experience is always beneficial. Looking for legal counsel never hurts when it comes down to understanding complex regulatory landscape and compliance. At KAASS LAW, we can provide clear and simple guidance to support you throughout the drug store opening process, such as:
- License and Permit Applications: Assisting and preparation is key when it comes down to submission, license, and permit applications.
- Compliance Audits: Conducting compliance audits to identify potential regulatory problems.
- Regulatory Defense: Representing pharmacies in regular investigations and enforcing actions when applicable.
Maintaining ongoing compliance with state and federal regulations is crucial for avoiding penalties and ensuring the pharmacy’s continued operation, such as, regular audits, continuing education, and staying informed.
Contact Us
Opening a drug store in the big CA can be tough! However, these challenges can be rewarding when overcoming this endeavor. By developing a solid business plan, KAASS LAW can help secure the necessary licenses and permits when the clients are in need. Furthermore, we can comply with state and federal regulations and engage in these matters with well-experienced legal counsel. Give us a call if you are a striving entrepreneur who is looking to run a successful business, especially when it comes down to running a drug store! At KAASS LAW, we are dedicated to providing our clients with the highest quality legal representation and guidance. Contact us today to schedule a consultation and learn how we can assist you in navigating the regulatory maze and achieving your business ownership goals. Alternatively, in any way, if there was a wrongful death due to prescription drugs, we can also help.