BILL NUMBER: AB 775 INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Chiu FEBRUARY 25, 2015 An act to amend Section 123375 of the Health and Safety Code, relating to public health. LEGISLATIVE COUNSEL'S DIGEST 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 1. Section 123375 of the Health and Safety Code is amended to read: 123375. (a) Except as otherwise provided in subdivision (b),noa person shall not sell, offer for sale, give away, distribute, or otherwise furnish materials intended to determine the presence of pregnancy, unless that person has obtained a certificate of acceptability from the department declaring that the materials have been approved as to efficacy and safety by the department. (b) Subdivision (a) shall not apply to materials intended to determine the presence of pregnancy, that are sold, offered for sale, given away, distributed, or otherwise furnished to a physician and surgeon licensed to practice in this state, a pharmacist licensed to practice in this state, a licensed primary care clinic, a licensed health facility, or a public health agency. (c) Any person other than a person described in subdivision (b) who intends to sell, offer for sale, give away, distribute or otherwise furnish materials intended to determine the presence of pregnancy shall first make application to the state department for certification of the materials. The department shall also require that an application for certification shall be accompanied by samples of any materials that are the subject of the application as the department may reasonably require.Any(d) Any violation of this section is a misdemeanor.