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.