Cal. Code Regs. tit. 16 § 1765

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 1765 - Commissions, Gratuities, and Rebates

(a) An unlawful commission, gratuity or rebate prescribed by this article and Business and Professions Code Section 650 includes the rendering by a pharmacist or pharmacy of consultant pharmaceutical services such as those required pursuant to Title 22, Division 5, Chapters 3 and 4 (skilled nursing facilities and intermediate care facilities) to a licensed health care facility for no cost, nominal cost, or below reasonable cost, if that pharmacist or pharmacy obtains patients, clients or customers and/or their prescription orders from that licensed facility or entity.

The determination of the value of consultant pharmaceutical services rendered shall include, but not be limited to, the value of all goods and services furnished by the pharmacist or pharmacy to a licensed health care facility.

Cal. Code Regs. Tit. 16, § 1765

1. Repealer of former Section 1765, and renumbering and amendment of former Section 1765.5 to Section 1765 filed 3-22-83; effective thirtieth day thereafter (Register 83, No. 13). For prior history, see Registers 68, No. 21, and 62, No. 9.
2. Repealer of subsection (b) filed 7-10-85; effective thirtieth day thereafter (Register 85, No. 28).
3. Change without regulatory effect amending NOTE filed 9-11-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 37).

Note: Authority cited: Section 4005, Business and Professions Code. Reference: Sections 650 and 4301, Business and Professions Code.

1. Repealer of former Section 1765, and renumbering and amendment of former Section 1765.5 to Section 1765 filed 3-22-83; effective thirtieth day thereafter (Register 83, No. 13). For prior history, see Registers 68, No. 21, and 62, No. 9.
2. Repealer of subsection (b) filed 7-10-85; effective thirtieth day thereafter (Register 85, No. 28).
3. Change without regulatory effect amending Note filed 9-11-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 37).