SECTIONS 123375-123418 - California Statutes

HEALTH AND SAFETY CODE

SECTION 123375-123418

123375. (a) Except as otherwise provided in subdivision (b), no
person shall sell, offer for sale, give away, distribute, or
otherwise furnish materials intended to determine the presence of
pregnancy, unless that person has obtained a certificate of
acceptability from the department declaring that the materials have
been approved as to efficacy and safety by the department.
(b) Subdivision (a) shall not apply to materials intended to
determine the presence of pregnancy, that are sold, offered for sale,
given away, distributed, or otherwise furnished to a physician and
surgeon licensed to practice in this state, a pharmacist licensed to
practice in this state, a licensed primary care clinic, a licensed
health facility, or a public health agency.
(c) Any person other than a person described in subdivision (b)
who intends to sell, offer for sale, give away, distribute or
otherwise furnish materials intended to determine the presence of
pregnancy shall first make application to the state department for
certification of the materials. The department shall also require
that an application for certification shall be accompanied by samples
of any materials that are the subject of the application as the
department may reasonably require.
Any violation of this section is a misdemeanor.

123380. Local public health agencies shall make pregnancy testing
services available free or at cost to the person using the services.
The results of any pregnancy test shall be confidential.

123385. It is the intent of the Legislature that the program
authorized pursuant to this article be entirely self-supporting, and
for this purpose the state department is authorized to establish a
schedule of fees for applications for certificates of acceptability
that shall provide revenues that shall not exceed the amount
necessary, but shall be sufficient to cover all costs incurred in the
administration of this article.

123418. Subject to all other provisions of this article, all
residency programs in obstetrics and gynecology shall comply with the
program requirements for residency education in obstetrics and
gynecology of the Accreditation Council for Graduate Medical
Education, which require that in addition to education and training
in in-patient care, the program in obstetrics-gynecology be geared
toward the development of competence in the provision of ambulatory
primary health care for women, including, but not limited to,
training in the performance of abortion services.