California 2011 2011-2012 Regular Session

California Assembly Bill AB2621 Introduced / Bill

Filed 02/24/2012

 BILL NUMBER: AB 2621INTRODUCED 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.