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This article was originally printed in the Mar/Apr 2026 issue of the California Veterinarian magazine.
As prescribers, California veterinarians have several obligations relating to issuing prescriptions to clients. In fact, California law essentially applies the same set of rules to all prescribers, so that consumers have the same rights whether they are seeking health care from physicians or from veterinarians for their pets. While direct dispensation of medications to patients from a physician’s office has essentially gone by the wayside, veterinary practices still commonly dispense medications to clients. However, this unique practice component does not negate a veterinarian’s legal obligations to clients when it comes to prescribing. The following are common questions raised by the veterinary profession about their obligations in providing prescriptions.
Q: Do I have to provide written prescriptions to a client, or can I require them to obtain medications from my veterinary practice?
A: While the law does not require a veterinarian to automatically provide written prescriptions to their clients, it does affirmatively require a veterinarian to inform clients that some medications may be available at a pharmacy and offer to provide written prescriptions free of charge. The law also requires the veterinarian to offer to transmit prescriptions directly to a pharmacy of the client’s choice.
These legal obligations exist in three places in California law. The first is California Business and Professions Code section 4170(a)(6) and (7), which states that a prescriber cannot dispense a drug to a client unless both of the following conditions are met:
“The prescriber, before dispensing, offers to give a written prescription to the patient that the patient may elect to have filled by the prescriber or by any pharmacy.”
“The prescriber provides the patient with written disclosure that the patient has a choice between obtaining the prescription from the dispensing prescriber or obtaining the prescription at a pharmacy of the patient’s choice.”
The second is California Code of Regulations, Title 16, Section 2032.2(c), which states:
“Pursuant to section 4170(a)(6) and (7) of the Business and Professions Code, veterinarians must notify clients that they have a choice to obtain either the medication or a written prescription and that they shall not be charged for the written prescription.”
The third is California Business and Professions Code section 4826.6(i)(7), which states:
“The veterinarian shall notify the client that some prescription drugs or medications may be available at a pharmacy and, if requested, the veterinarian shall submit a prescription to a pharmacy that the client chooses.”
Q: What are adequate methods of written disclosure to clients to comply with the legal requirements to inform them of their rights?
A: The law does not restrict the written disclosure requirements to any one specific method. Some practices provide the disclosures in a pre-appointment email, others on a written estimate. The vast majority of practices, however, opt to post a written notice in a prominent location viewable to clients in the practice, such as the lobby or reception area. In summary, the disclosure must inform the clients of the following rights:
Q: Can I charge a client for waiting on hold with a pharmacy or having to authorize the same prescription repeatedly?
A: No, you cannot charge the client for activities directly related to issuing or transmitting a prescription. To mitigate this issue of waiting on hold, you can fax or electronically transmit a written prescription directly to a pharmacy. If a pharmacy is inefficient or obstructive in filling a prescription, you can inform your client that you have transmitted the prescription and that if the pharmacy is unwilling to fill it, the client can either obtain the medication from you or choose a different pharmacy.
Issue
Mitigation Tip
Pharmacy substitutes a generic or similar medication for the one prescribed.
On the prescription pad, include a “Do Not Substitute” box that, if checked or initialed, indicates that the pharmacist must dispense the exact drug written on the prescription. If transmitting a prescription verbally, indicate clearly that no substitutions are permitted.
If a pharmacy substitutes a medication regardless of the specific orders, the pharmacist should be reported to the California Board of Pharmacy (BOP) via its online reporting form, which can be found on its website: www.pharmacy.ca.gov
Pharmacies require a DEA number for non-controlled substances.
The DEA discourages practitioners from providing their registration numbers for non controlled prescriptions. There is no legal requirement for this number if the prescription is for a non controlled drug.
Pharmacies require a National Provider Identifier (NPI number).
NPI numbers are issued to human physicians for the purpose of Medicare billing. Veterinarians are not qualified to obtain NPI numbers. Pharmacists may contact the NPI Registry 800.465.3203 to verify.
Incorrect dosages on dispensed medication/ unauthorized changes to veterinary dosing or instructions.
Pharmacists are not permitted to alter a prescription without prescriber authorization. If a pharmacist alters a prescription, veterinarians are instructed by the California BOP to report the pharmacist on the BOP website: www.pharmacy.ca.gov.
Q: Can I refuse to send a prescription to a pharmacy if I have experienced past difficulties with the pharmacy?
A: No, if a client requests that a prescription be sent to a particular pharmacy, the law requires a veterinarian to comply. Above is a table of mitigation tips for working with pharmacies. When possible, veterinarians who are experiencing issues with pharmacies filling prescriptions should ask to speak to the pharmacist in charge. This individual is the pharmacy premises permit holder and often has knowledge and authority that may result in issue resolution.
In general, if a written prescription is transmitted to a pharmacy instead of via verbal authorization, an undisputable written record exists of the order. This should be considered not only in how a veterinarian decides to transmit a prescription to a pharmacy, but also in their medical recordkeeping practices.
Q: If a client requests a written prescription, can I require that they come to my practice to pick it up?
A: The law does not restrict a veterinarian from requiring that a client come to the practice to pick up a prescription; however, this is not recommended because 1) it can delay or potentially prevent patient care, and 2) it creates an unnecessary barrier to the client in exercising their right to receive a written prescription. A written prescription may be emailed, faxed, or mailed to a client or directly to a pharmacy should the client be unable to obtain it in person.
Q: Is it okay to send a prescription to a client who is traveling in another state or directly to a pharmacy in the state where they are located?
A: Yes, in most cases. Most state pharmacy systems have reciprocity in being able to accept and fill prescriptions issued by prescribers who are not licensed or located in their state. Occasionally, a state’s laws will prohibit it, but this is rare. A veterinarian who calls in or sends a written prescription to an out-of-state pharmacy is not subject to an actionable legal violation even if the pharmacy cannot accept the prescription due to state restrictions.
Q: What exactly needs to be on a written prescription for it to be compliant with the law?
A: According to the California Code of Regulations, Title 16, Section 2032.2, a prescription must contain the following information:
California state law prioritizes consumer rights and protection when it comes to receiving prescriptions for medications to treat their animals. Veterinarians and pharmacists must work together to ensure that animal patients receive the correct medications. Following the law by informing clients of their rights and keeping professional lines of communication open with both clients and pharmacies will help to ensure legal compliance.
This article is for informational and general educational purposes only. It is not intended to take the place of legal advice, nor should it be considered as a legal interpretation. Although significant effort has been made to ensure the accuracy and completeness of the information at the time of publication, the CVMA shall not be responsible for any errors or omissions, or any agency’s interpretation, application, or enforcement of the information presented herein.
It’s Not About Politics….It’s About Your Profession. The CVMA-PAC is a bipartisan political action committee whose purpose is to educate state legislators and candidates on issues of importance to the veterinary profession
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