AB 775, as introduced, Chiu. Public health: maternal health.
Existing law, with exceptions, prohibits a person from selling, offering for sale, giving away, distributing, or otherwise furnishing materials intended to determine the presence of pregnancy, unless that person has obtained a certificate of acceptability from the State Department of Public Health declaring that the materials have been approved as to efficacy and safety by the department.
This bill would make technical, nonsubstantive changes to that provision.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 123375 of the Health and Safety Code
2 is amended to read:
(a) Except as otherwise provided in subdivision (b),
4begin delete noend deletebegin insert aend insert person shallbegin insert notend insert sell, offer for sale, give away, distribute, or
5otherwise furnish materials intended to determine the presence of
6pregnancy, unless that person has obtained a certificate of
P2 1acceptability from the department declaring that the materials have
2been approved as to efficacy and safety by the department.
3(b) Subdivision (a) shall not apply to materials
intended to
4determine the presence of pregnancy, that are sold, offered for
5sale, given away, distributed, or otherwise furnished to a physician
6and surgeon licensed to practice in this state, a pharmacist licensed
7to practice in this state, a licensed primary care clinic, a licensed
8health facility, or a public health agency.
9(c) Any person other than a person described in subdivision
10(b) who intends to sell, offer for sale, give away, distribute or
11otherwise furnish materials intended to determine the presence of
12pregnancy shall first make application to the state department for
13certification of the materials. The department shall also require
14that an application for certification shall be accompanied by
15samples of any materials that are the subject of the application as
16the department may reasonably require.
17 Any
end delete18begin insert(d)end insertbegin insert end insertbegin insertAnyend insert violation of this section is a misdemeanor.
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