PART 4. DRUGS, DEVICES, AND COSMETICS [109250. - 109590.]
Part 4 added by Stats. 1995, Ch. 415, Sec. 6.
§§ 109250–109590 · 47 sections
CHAPTER 4. Treatment of Cancer and Other Serious Diseases §§ 109250–109505 · 36 sections
ARTICLE 1. Intent and Definitions §§ 109250–109295 · 14 sections
- § 109250 The effective diagnosis, care, treatment or cure of persons suffering from cancer is of paramount public importance. Vital statistics indicate that…
- § 109255 There is in the department a Cancer Advisory Council composed of nine physicians and surgeons licensed to practice medicine in, and residing in, this state,…
- § 109260 The members of the council, other than the director of the department, shall receive no compensation for their services, but shall be allowed their actual…
- § 109265 The council shall annually elect one of its members to serve as chairman. The council shall meet at least twice each year, and as often in addition as…
- § 109270 The department shall: (a) Prescribe reasonable regulations with respect to the administration of this article and Article 2 (commencing with Section 109300).…
- § 109275 (a) Upon a diagnosis of breast cancer, the physician and surgeon, meaning the primary provider who initially referred the patient for the screening or biopsy…
- § 109276 In the first revision of the standardized written summary required under subdivision (c) of Section 109275 made following the effective date of the act that…
- § 109277 (a) Every person or entity who owns or operates a health facility or a clinic, or who is licensed as a physician and surgeon and rents or owns the premises…
- § 109278 (a) The medical care provider primarily responsible for providing to a patient an annual gynecological examination shall provide to that patient during the…
- § 109280 (a) A standardized written summary in layperson’s language and in a language understood by patients shall be approved by the department. The department may…
- § 109282 (a) Every person or entity who owns or operates a health facility or a clinic, or who is licensed as a physician and surgeon and rents or owns the premises…
- § 109285 For the purposes of this article and Article 2 (commencing with Section 109300) “cancer” means all malignant neoplasms regardless of the tissue of origin,…
- § 109290 No person may undertake to treat or alleviate cancer by use of drugs, surgery, or radiation unless the person holds a license issued under a law of this state…
- § 109295 On written request by the department, delivered personally or by mail, any individual, person, firm, association, or other entity engaged, or representing…
ARTICLE 2. Prohibitions and Enforcement §§ 109300–109395 · 20 sections
- § 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…
- § 109305 Within 180 days after the filing of an application provided for in subdivision (2) of Section 109300 or an additional period as may be agreed upon by the board…
- § 109310 In the case of any drug, medicine, compound or device for that an approval of an application filed pursuant to this article and Article 1 (commencing with…
- § 109315 The board shall issue an order refusing to permit the application to become effective, if, after due notice to the applicant and opportunity for a hearing, the…
- § 109320 (a) The board shall issue an order withdrawing approval of an application concerning any drug, medicine, compound, or device if, after due notice to the…
- § 109325 This article and Article 1 (commencing with Section 109250) shall not apply to the use of any drug, medicine, compound, or device intended solely for…
- § 109330 Section 109300 does not apply to any device used within the scope of his or her license privileges by a physician and surgeon or dentist licensed as such in…
- § 109335 The failure of any individual, person, firm, association, or other entity representing himself, or itself, as engaged in the diagnosis, treatment, alleviation,…
- § 109340 The investigation or testing of any product shall not be deemed to imply or indicate any endorsement of the qualifications or value of any product. No person…
- § 109345 Following an investigation or testing of the content or composition of any drug, medicine, compound, or device used by any individual, person, firm,…
- § 109350 The department may direct that any individual, person, firm, association, or other entity shall cease and desist any further prescribing, recommending, or use…
- § 109355 (a) Any violation of this article and Article 1 (commencing with Section 109250), of the regulations adopted thereunder or of a cease and desist order issued…
- § 109360 Any person against whom an injunction or cease and desist order has been issued, under this article and Article 1 (commencing with Section 109250), may not…
- § 109365 It is unlawful for any person, with the intent to defraud, to falsely represent and provide for compensation a device, substance, method or treatment as…
- § 109370 Except as provided in Section 109335, a violation of this article and Article 1 (commencing with Section 109250) is punishable by imprisonment in the county…
- § 109375 The director shall investigate possible violations of this article and Article 1 (commencing with Section 109250) and report violations to the appropriate…
- § 109380 County health officers, district attorneys and the Attorney General shall cooperate with the director in the enforcement of this article and Article 1…
- § 109385 The department, upon recommendation of the Cancer Advisory Council, may from time to time publish reports based on its investigation or testing of any drug,…
- § 109390 All hearings authorized by this article and Article 1 (commencing with Section 109250) shall be conducted in accordance with Chapter 5 (commencing with Section…
- § 109395 No provision of this article and Article 1 (commencing with Section 109250) shall preclude reconsideration of an application for use of any drug, medicine,…
ARTICLE 5. Labeling, Sale, and Use of DMSO §§ 109500–109505 · 2 sections
CHAPTER 5. Imitation Controlled Substances §§ 109525–109590 · 11 sections
ARTICLE 1. Provisions and Definitions §§ 109525–109555 · 7 sections
- § 109525 This chapter shall be known as the “California Imitation Controlled Substances Act.”
- § 109530 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 109535 “Controlled substance” means a substance as defined in Section 11007.
- § 109540 “Distribute” means the actual, constructive, or attempted transfer, delivery, or dispensing to another of an imitation controlled substance.
- § 109545 “Manufacture” means the production, preparation, compounding, processing, encapsulating, packaging or repackaging, labeling or relabeling, of an imitation…
- § 109550 “Imitation controlled substance” means (a) a product specifically designed or manufactured to resemble the physical appearance of a controlled substance, that…
- § 109555 The provisions of this chapter are cumulative, and shall not be construed as restricting any remedy, provisional or otherwise, provided by law for the benefit…
ARTICLE 2. Offenses and Penalties §§ 109575–109590 · 4 sections
- § 109575 Any person who knowingly manufactures, distributes, or possesses with intent to distribute, an imitation controlled substance is guilty of a misdemeanor and…
- § 109580 Any person 18 years of age or over who violates Section 109575 by knowingly distributing an imitation controlled substance to a person under 18 years of age is…
- § 109585 No civil or criminal liability shall be imposed by virtue of this chapter on any person registered under the California Uniform Controlled Substances Act who…
- § 109590 All imitation controlled substances shall be subject to forfeiture in accordance with the procedures set forth in Chapter 8 (commencing with Section 11470) of…