Bill Text: CA AB2312 | 2021-2022 | Regular Session | Introduced
Bill Title: Nonprescription contraception: access.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-04-06 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2312 Detail]
Download: California-2021-AB2312-Introduced.html
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 2312
| Introduced by Assembly Member Lee |
February 16, 2022 |
An act to add Chapter 7.7 (commencing with Section 111823) to Part 5 of Division 104 of the Health and Safety Code, relating to contraception.
LEGISLATIVE COUNSEL'S DIGEST
AB 2312, as introduced, Lee.
Nonprescription contraception: access.
Under existing law, the Sherman Food, Drug, and Cosmetic Law, the State Department of Public Health generally regulates the packaging, labeling, advertising, and sale of food, drugs, devices, and cosmetics, in accordance with the federal Food, Drug, and Cosmetic Act. A violation of those provisions is a crime. Existing law sets forth various other provisions relating to the furnishing and health care coverage of certain types of contraception.
Under existing law, the Unruh Civil Rights Act, all persons, regardless of sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status, are entitled to full and equal accommodations, advantages, facilities, privileges, or services in all business establishments, as
specified.
This bill would, with certain exceptions, prohibit a retail establishment, as defined, from refusing to furnish nonprescription contraception to a person solely on the basis of age or any of the above-listed characteristics by means of any conduct, including, but not limited to, requiring the customer to present identification for purposes of demonstrating their age or other characteristic.
Under the bill, a retail establishment would be subject to a civil penalty in the amount of $25,000 for each violation, and would be exempt from the above-described criminal penalty. The bill would authorize a local health officer, a city attorney, a district attorney, or the Attorney General to cooperate with the State Public Health Officer in the enforcement of these provisions. The bill would authorize the official to seek and recover reasonable costs for services rendered, with certain limitations.
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.
Chapter 7.7 (commencing with Section 111823) is added to Part 5 of Division 104 of the Health and Safety Code, to read:CHAPTER 7.7. Nonprescription Contraception
111823.
(a) A retail establishment shall not refuse to furnish nonprescription contraception to a person solely on the basis of age or any characteristic listed or defined in subdivision (b) or (e) of Section 51 of the Civil Code by means of any conduct, including, but not limited to, requiring the customer to present identification for purposes of demonstrating their age or other characteristic.(b) (1) A retail establishment is subject to a civil penalty in the amount of twenty-five thousand dollars ($25,000) for each violation of subdivision (a).
(2) A local health officer, a city attorney, a district attorney, or the Attorney General may cooperate with the
director in the enforcement of this section. To the extent not limiting or otherwise affecting Section 111835, the official may seek and recover reasonable costs, including any attorney’s fees or investigation expenses, for services rendered pursuant to this section.
(c) Section 111825 does not apply to a violation of subdivision (a).
(d) Subdivision (a) does not apply to the refusal to furnish nonprescription contraception on the basis of age or other characteristic if, under other provisions of federal or state law, the contraception is subject to restrictions on the same corresponding basis.
(e) For purposes of this section, “retail establishment” means any vendor that, in the regular course of business, furnishes nonprescription contraception at retail directly to the public, including, but not limited to, a
pharmacy, grocery store, or other retail store.
