By Mackenzie McCoy

On August 1, 2022, Governor Gavin Newsom declared a state of emergency in the state of California due to the emerging threat of the Monkeypox outbreak. At its August 25, 2022, meeting, the Board of Pharmacy voted to approve, pursuant to Business and Professions code section 4062, a waiver of pharmacy law provisions to allow for the dispensing of Tecovirimat (TPOXX), oral antiviral medication to an emergency room patient under specified conditions, until 90 days following the end of the emergency declaration.

Following the meeting, effective August 3, 2022, the Board issued a waiver that allows prescribers to dispense the oral antiviral medication, TPOXX, to emergency room patients. This waiver will waive Business and Professions Code sections 4068(a)(1), 4068(a)(5), 4068(a)(6), 4076.5 and 4427.2(a) as well as any other section related to prescribers dispensing medicine to emergency room patients. The medication can be prescribed under the condition that it is being provided to a patient receiving care in an emergency room in California, the medication is being prescribed and dispensed according to FDA and CDC guidelines, and that verbal consultation and appropriate confirmation of patient’s medical history has been conducted by the provider.

This waiver remains valid until 90 days after the end of the declared emergency.