BILL NUMBER: AB 2621	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hueso

                        FEBRUARY 24, 2012

   An act to amend Section 109300 of the Health and Safety Code,
relating to disease prevention.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2621, as introduced, Hueso. Cancer and other serious diseases:
treatment.
   Existing law requires the State Department of Public Health, among
other things, to adopt regulations prohibiting the prescription,
administration, sale, or other distribution of any drug, substance,
or device found to be harmful or of no value in the diagnosis,
prevention, or treatment of cancer. Existing law prohibits the sale,
offering for sale, holding for sale, delivering, giving away,
prescribing, or administering of any drug, medicine, compound, or
device to be used in the diagnosis, treatment, alleviation, or cure
of cancer unless an application for the drug, medicine, compound, or
device has been approved pursuant to the federal Food, Drug, and
Cosmetic Act or by the Medical Board of California.
   This bill would make technical, nonsubstantive changes to those
provisions.
   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 109300 of the Health and Safety Code is amended
to read:
   109300.  The sale, offering for sale, holding for sale,
delivering, giving away, prescribing  ,  or administering of
any drug, medicine, compound, or device to be used in the diagnosis,
treatment, alleviation, or cure of cancer is unlawful and prohibited
unless (1) an application with respect thereto has been approved
under Section 505 of the federal Food, Drug and Cosmetic Act, or (2)
there has been approved an application filed with the board setting
forth  all of the following  :
   (a)  Full reports of investigations that have been made to show
whether or not the drug, medicine, compound, or device is safe for
the use, and whether the drug, medicine, compound, or device is
effective in the use  ;  . 
   (b)  A full list of the articles used as components of the drug,
medicine, compound, or device  ;   . 
   (c)  A full statement of the composition of the drug, medicine,
compound, or device  ;   . 
   (d)  A full description of the methods used in, and the facilities
and controls used for, the manufacture, processing, and packing of
the drug, medicine, or compound or in the case of a device, a full
statement of its composition, properties, and construction and the
principle or principles of its operation  ;   .

   (e)   Such samples   Samples  of the
drug, medicine, compound, or device and of the articles used as
components of the drug, medicine, compound, or device as the board
may require  ; and   . 
   (f)  Specimens of the labeling and advertising proposed to be used
for the drug, medicine, compound, or device.