Bill Text: CA AB2087 | 2021-2022 | Regular Session | Amended
Bill Title: Prescription drugs.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-05-19 - In committee: Held under submission. [AB2087 Detail]
Download: California-2021-AB2087-Amended.html
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Amended
IN
Assembly
April 20, 2022 |
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Amended
IN
Assembly
March 24, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 2087
| Introduced by Assembly Member Petrie-Norris |
February 14, 2022 |
An act to add Article 10 (commencing with Section 17610) to Chapter 1 of Part 3 of Division 7 of the Business and Professions Code, relating to prescription drugs.
LEGISLATIVE COUNSEL'S DIGEST
AB 2087, as amended, Petrie-Norris.
Prescription drugs.
Existing makes it a misdemeanor for any person to knowingly and unlawfully dispense or furnish a dangerous drug or dangerous device, as defined, or to knowingly own, manage, or operate a business that dispenses or furnishes a dangerous drug or dangerous device without a license. Existing law establishes various licensure and regulatory schemes that authorize the holder of a license to furnish or dispense prescription drugs in accordance with prescribed statutory or regulatory schemes. Existing law also regulates various businesses, including health care facilities licensed by the State Department of Public Health, that provide medical services, such as furnishing and dispensing prescription drugs.
This bill would state that it is unlawful to operate a business where an employee dispenses or furnishes a prescription drug without both the
business and the employee having a valid license authorizing the business and employee to dispense or furnish the prescription drug, or for a business to advertise or act as if they have a license to dispense or furnish a prescription drug without having a license to do so. The bill would specify that these provisions may be enforced in accordance with the licensing scheme under which the person or business is licensed, such as revoking the license of the business or person, or by a private right of action. person. The bill would authorize a person who receives services in violation of these provisions, among others, to bring a civil action for an injunction or other appropriate order and to recover reasonable attorney’s fees.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Article 10 (commencing with Section 17610) is added to Chapter 1 of Part 3 of Division 7 of the Business and Professions Code, to read:
Article
10. Dispensing or Furnish Furnishing Prescription Drugs
17610.
(a) It is unlawful to operate a business where an employee dispenses or furnishes a prescription drug without both the business and the employee having a valid license authorizing the business and employee to dispense or furnish the prescription drug, as specified in Section(b) It is unlawful for a business to advertise or act
as if they have a license to dispense or furnish a prescription drug without having a valid license to do so, as required under Section 11362.1 11352.1 of the Health and Safety Code.
(c) This section may be enforced in accordance with the licensing scheme under which the business or person is licensed, such as revoking the license of the business or person, or by a private right of action. The prevailing party in a private right of action may recover attorney’s fees. person.
(d) A person who receives services in violation of this article or the person’s parent, spouse, child, sibling, next of kin, guardian, successor in interest, or personal representative may bring a civil action for an injunction or other appropriate order. The prevailing plaintiff in that action may recover reasonable attorney’s fees.
(e) The remedies established by this article are in addition to the remedies established under any other law.
(d)
(f) For purposes of this section, “dispense” the following definitions apply:
(1) “Dispense” has the same meaning as defined in Section 4024.
(2) “Furnish” has the same meaning as defined in Section 4026.
