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),
 no   a 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.