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| 1 | + | Amended IN Assembly March 24, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2087Introduced by Assembly Member Petrie-NorrisFebruary 14, 2022 An act to amend Section 10130 of the Business and Professions Code, relating to real estate. 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 DIGESTAB 2087, as amended, Petrie-Norris. Real estate: licensing. 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.Existing law, the Real Estate Law, makes it unlawful for a person to engage in the business of, act in the capacity of, advertise as, or assume to act as, a real estate broker or a real estate salesperson without obtaining a license from the Department of Real Estate, or to engage in the business of, act in the capacity of, advertise as, or assume to act as, a mortgage loan originator without having obtained a license endorsement.This bill would make nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe 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 Prescription Drugs17610. (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 11362.1 of the Health and Safety Code and pursuant to the statutory or regulatory requirements of the licensure scheme under which the business or person is licensed.(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 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 attorneys fees.(d) For purposes of this section, dispense has the same meaning as defined in Section 4024.SECTION 1.Section 10130 of the Business and Professions Code is amended to read:10130.(a)It is unlawful for a person to engage in the business of, act in the capacity of, advertise as, or assume to act as, a real estate broker or a real estate salesperson within this state without first obtaining a real estate license from the department or to engage in the business of, act in the capacity of, advertise as, or assume to act as, a mortgage loan originator within this state without having obtained a license endorsement.(b)The commissioner may present a complaint for violation of this section before a court of competent jurisdiction, and the commissioner and the commissioners counsel, deputies, or assistants may assist in presenting the law or facts at the trial.(c)It is the duty of the district attorney of each county in this state to prosecute all violations of this section in the district attorneys respective county in which the violations occur. | |
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| 3 | - | ||
| 3 | + | Amended IN Assembly March 24, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2087Introduced by Assembly Member Petrie-NorrisFebruary 14, 2022 An act to amend Section 10130 of the Business and Professions Code, relating to real estate. 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 DIGESTAB 2087, as amended, Petrie-Norris. Real estate: licensing. 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.Existing law, the Real Estate Law, makes it unlawful for a person to engage in the business of, act in the capacity of, advertise as, or assume to act as, a real estate broker or a real estate salesperson without obtaining a license from the Department of Real Estate, or to engage in the business of, act in the capacity of, advertise as, or assume to act as, a mortgage loan originator without having obtained a license endorsement.This bill would make nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly March 24, 2022 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly April 20, 2022 | |
| 8 | 7 | Amended IN Assembly March 24, 2022 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill | |
| 13 | 12 | ||
| 14 | 13 | No. 2087 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Assembly Member Petrie-NorrisFebruary 14, 2022 | |
| 17 | 16 | ||
| 18 | 17 | Introduced by Assembly Member Petrie-Norris | |
| 19 | 18 | February 14, 2022 | |
| 20 | 19 | ||
| 21 | - | 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. | |
| 20 | + | An act to amend Section 10130 of the Business and Professions Code, relating to real estate. 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. | |
| 22 | 21 | ||
| 23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | - | AB 2087, as amended, Petrie-Norris. Prescription drugs. | |
| 26 | + | AB 2087, as amended, Petrie-Norris. Real estate: licensing. Prescription drugs. | |
| 28 | 27 | ||
| 29 | - | 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 | |
| 28 | + | 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.Existing law, the Real Estate Law, makes it unlawful for a person to engage in the business of, act in the capacity of, advertise as, or assume to act as, a real estate broker or a real estate salesperson without obtaining a license from the Department of Real Estate, or to engage in the business of, act in the capacity of, advertise as, or assume to act as, a mortgage loan originator without having obtained a license endorsement.This bill would make nonsubstantive changes to those provisions. | |
| 30 | 29 | ||
| 31 | 30 | 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. | |
| 32 | 31 | ||
| 33 | - | 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 attorneys fees. | |
| 32 | + | 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. | |
| 33 | + | ||
| 34 | + | Existing law, the Real Estate Law, makes it unlawful for a person to engage in the business of, act in the capacity of, advertise as, or assume to act as, a real estate broker or a real estate salesperson without obtaining a license from the Department of Real Estate, or to engage in the business of, act in the capacity of, advertise as, or assume to act as, a mortgage loan originator without having obtained a license endorsement. | |
| 35 | + | ||
| 36 | + | ||
| 37 | + | ||
| 38 | + | This bill would make nonsubstantive changes to those provisions. | |
| 39 | + | ||
| 40 | + | ||
| 34 | 41 | ||
| 35 | 42 | ## Digest Key | |
| 36 | 43 | ||
| 37 | 44 | ## Bill Text | |
| 38 | 45 | ||
| 39 | - | 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 | |
| 46 | + | 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 Prescription Drugs17610. (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 11362.1 of the Health and Safety Code and pursuant to the statutory or regulatory requirements of the licensure scheme under which the business or person is licensed.(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 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 attorneys fees.(d) For purposes of this section, dispense has the same meaning as defined in Section 4024.SECTION 1.Section 10130 of the Business and Professions Code is amended to read:10130.(a)It is unlawful for a person to engage in the business of, act in the capacity of, advertise as, or assume to act as, a real estate broker or a real estate salesperson within this state without first obtaining a real estate license from the department or to engage in the business of, act in the capacity of, advertise as, or assume to act as, a mortgage loan originator within this state without having obtained a license endorsement.(b)The commissioner may present a complaint for violation of this section before a court of competent jurisdiction, and the commissioner and the commissioners counsel, deputies, or assistants may assist in presenting the law or facts at the trial.(c)It is the duty of the district attorney of each county in this state to prosecute all violations of this section in the district attorneys respective county in which the violations occur. | |
| 40 | 47 | ||
| 41 | 48 | The people of the State of California do enact as follows: | |
| 42 | 49 | ||
| 43 | 50 | ## The people of the State of California do enact as follows: | |
| 44 | 51 | ||
| 45 | - | 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 | |
| 52 | + | 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 Prescription Drugs17610. (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 11362.1 of the Health and Safety Code and pursuant to the statutory or regulatory requirements of the licensure scheme under which the business or person is licensed.(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 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 attorneys fees.(d) For purposes of this section, dispense has the same meaning as defined in Section 4024. | |
| 46 | 53 | ||
| 47 | 54 | 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: | |
| 48 | 55 | ||
| 49 | 56 | ### SECTION 1. | |
| 50 | 57 | ||
| 51 | - | Article 10 | |
| 58 | + | Article 10 Dispensing or Furnish Prescription Drugs17610. (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 11362.1 of the Health and Safety Code and pursuant to the statutory or regulatory requirements of the licensure scheme under which the business or person is licensed.(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 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 attorneys fees.(d) For purposes of this section, dispense has the same meaning as defined in Section 4024. | |
| 52 | 59 | ||
| 53 | - | Article 10 | |
| 60 | + | Article 10 Dispensing or Furnish Prescription Drugs17610. (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 11362.1 of the Health and Safety Code and pursuant to the statutory or regulatory requirements of the licensure scheme under which the business or person is licensed.(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 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 attorneys fees.(d) For purposes of this section, dispense has the same meaning as defined in Section 4024. | |
| 54 | 61 | ||
| 55 | - | Article 10 | |
| 62 | + | Article 10 Dispensing or Furnish Prescription Drugs | |
| 56 | 63 | ||
| 57 | - | Article 10 | |
| 64 | + | Article 10 Dispensing or Furnish Prescription Drugs | |
| 58 | 65 | ||
| 59 | - | 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 11362 | |
| 66 | + | 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 11362.1 of the Health and Safety Code and pursuant to the statutory or regulatory requirements of the licensure scheme under which the business or person is licensed.(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 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 attorneys fees.(d) For purposes of this section, dispense has the same meaning as defined in Section 4024. | |
| 60 | 67 | ||
| 61 | 68 | ||
| 62 | 69 | ||
| 63 | - | 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 11362.1 | |
| 70 | + | 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 11362.1 of the Health and Safety Code and pursuant to the statutory or regulatory requirements of the licensure scheme under which the business or person is licensed. | |
| 64 | 71 | ||
| 65 | - | (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 | |
| 72 | + | (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 of the Health and Safety Code. | |
| 66 | 73 | ||
| 67 | - | (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 attorneys fees. | |
| 74 | + | (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 attorneys fees. | |
| 68 | 75 | ||
| 69 | - | (d) A person who receives services in violation of this article or the persons 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 attorneys fees. | |
| 70 | - | ||
| 71 | - | (e) The remedies established by this article are in addition to the remedies established under any other law. | |
| 72 | - | ||
| 73 | - | (d) | |
| 76 | + | (d) For purposes of this section, dispense has the same meaning as defined in Section 4024. | |
| 74 | 77 | ||
| 75 | 78 | ||
| 76 | 79 | ||
| 77 | - | (f) For purposes of this section, dispense the following definitions apply: | |
| 78 | 80 | ||
| 79 | - | (1) Dispense has the same meaning as defined in Section 4024. | |
| 80 | 81 | ||
| 81 | - | (2) Furnish has the same meaning as defined in Section 4026. | |
| 82 | + | (a)It is unlawful for a person to engage in the business of, act in the capacity of, advertise as, or assume to act as, a real estate broker or a real estate salesperson within this state without first obtaining a real estate license from the department or to engage in the business of, act in the capacity of, advertise as, or assume to act as, a mortgage loan originator within this state without having obtained a license endorsement. | |
| 83 | + | ||
| 84 | + | ||
| 85 | + | ||
| 86 | + | (b)The commissioner may present a complaint for violation of this section before a court of competent jurisdiction, and the commissioner and the commissioners counsel, deputies, or assistants may assist in presenting the law or facts at the trial. | |
| 87 | + | ||
| 88 | + | ||
| 89 | + | ||
| 90 | + | (c)It is the duty of the district attorney of each county in this state to prosecute all violations of this section in the district attorneys respective county in which the violations occur. |