COVID-19: How Many California Designated Representatives Do I Need?

With The Impact Of COVID-19, Several California Designated Representatives Might Be Needed — Consider These Reasons

Pharmacy Law

According to the California Board of Pharmacy website:

“Wholesale operations that distribute dangerous drugs or dangerous devices must be supervised by a registered pharmacist or an individual approved by the board as a designated representative. These companies may not operate unless the pharmacist or designated representative is physically on the licensed premises. To ensure proper control at all times, the board recommends that there be more than one person approved to supervise operations.” Specifically, the California Wholesaler license application says (in boldface), “There must be one designated representative on the premises at all times during business operation.”

“Each place of business of a third-party logistics provider shall be supervised and managed by a responsible manager. The responsible manager shall be responsible for the compliance of the place of business with state and federal laws governing third-party logistics providers and with the third-party logistics provider’s customer specifications, except where the customer’s specifications conflict with state or federal laws. The responsible manager shall maintain an active license as a designated representative-3PL with the board at all times during which he or she is designated as the responsible manager.” Specifically, the California Third-Party Logistics Provider license application says (in boldface), “There must be one licensed designated representative-3PL on the premises at all times during business operation.”

. . .

When the business operations and staffing model are taken into consideration, some companies will need more than one designated representative. In other words, when the business is operating, there must be at least one designated representative there. Scheduling designated representative coverage starts to get tricky when you figure in the adverse impact of COVID-19, vacations, days off, multiple shifts, etc. To reiterate the Board, there must be one licensed designated representative on the premises at all times during business operation.

Good Business Practice

And just when you think you’ve got it all covered …

It’s not unusual for some businesses to manage with just one designated representative, or keep the bare minimum of licensed designated representatives on staff. However, these companies can run into a situation that can affect the company’s business financial health. In the event the company loses a licensed designated representative, for example, the designated rep quits or gets sick due to COVID-19, and cross-coverage by another licensed designated representative isn’t possible, then the business operation could get into trouble with the Board, or just as bad, must shut down (until a licensed designated representative can be on premise).

It’s a difficult scenario, to be left scrambling, trying to find, hire, and get a new employee properly licensed as a California Designated Representative. Therefore, consider the risks, and keep just the “right” number of licensed designated representatives.

Be well, and stay healthy!

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