Bill Dodd
- Democratic
- Senator
- District 3
Author
Existing law, the Sherman Food, Drug, and Cosmetic Law, regulates the packaging, labeling, and advertising of drugs and devices, and is administered by the State Department of Public Health. Among other things, existing law prohibits a person from conducting a home medical device retail facility business in this state unless the person has obtained a license from the department and sets forth standards for operating that facility. Existing law authorizes the department to waive any licensing requirements for a home medical device retail facility when, in the opinion of the department, a high standard of patient safety, consistent with good patient care, can be provided by the licensure of a home medical device retail facility that does not meet all of the requirements for licensure. This bill would, except as specified, require an original equipment manufacturer of a powered wheelchair, as those terms are defined, to provide documentation, parts, embedded software, firmware, and tools used to inspect, diagnose, maintain, and repair the wheelchair to an owner or an independent repair provider for the purposes of providing service on the equipment or specified parts in the state, on fair and reasonable terms and costs, as defined. The bill would also require an original equipment manufacturer, for a powered wheelchair that contains an electronic security lock or other security-related function, to provide documentation, parts, embedded software, firmware, or tools needed to reset the lock or function when disabled in the course of providing services, as specified. The bill would require an independent repair provider to provide a written notice to a customer before providing repair services, as specified. This bill would, with certain exceptions, exempt trade secret information from these requirements. The bill would subject an original equipment manufacturer who knowingly violates, or who should have reasonably known that they violated, these provisions to specified civil penalties. The bill would, in the case of a first violation, give an original equipment manufacturer who did not knowingly violate these provisions a 3-day right to cure the violation before a civil penalty is imposed. The bill would authorize a person injured by a violation of these provisions and the Attorney General or a district attorney to bring a civil action for this purpose, as specified. If the action is brought by the Attorney General or district attorney, the bill would require the penalty to be paid to specified entities or individuals, as provided.
Approved by the Governor.
Chaptered by Secretary of State. Chapter 797, Statutes of 2024.
Enrolled and presented to the Governor at 3 p.m.
In Senate. Ordered to engrossing and enrolling.
Read third time. Passed. (Ayes 77. Noes 0. Page 6535.) Ordered to the Senate.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 14. Noes 0.) (August 15).
July 2 set for first hearing. Placed on suspense file.
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 11. Noes 0.) (June 25). Re-referred to Com. on APPR.
From committee: Do pass and re-refer to Com. on JUD. with recommendation: To consent calendar. (Ayes 11. Noes 0.) (June 18). Re-referred to Com. on JUD.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 37. Noes 0. Page 4182.) Ordered to the Assembly.
Ordered to special consent calendar.
From committee: Do pass. (Ayes 7. Noes 0. Page 3981.) (May 16).
Read second time. Ordered to third reading.
Set for hearing May 16.
April 15 hearing: Placed on APPR suspense file.
Set for hearing April 15.
From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 11. Noes 0. Page 3448.) (April 2). Re-referred to Com. on APPR.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
Set for hearing April 2.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 12. Noes 0. Page 3332.) (March 18). Re-referred to Com. on JUD.
Set for hearing March 18.
Referred to Coms. on B., P. & E. D. and JUD.
From printer. May be acted upon on or after March 18.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB1384 | HTML |
| 02/16/24 - Introduced | |
| 03/21/24 - Amended Senate | |
| 08/28/24 - Enrolled | |
| 09/27/24 - Chaptered |
| Document | Format |
|---|---|
| 03/15/24- Senate Business, Professions and Economic Development | |
| 03/29/24- Senate Judiciary | |
| 04/12/24- Senate Appropriations | |
| 05/17/24- Sen. Floor Analyses | |
| 06/15/24- Assembly Privacy and Consumer Protection | |
| 06/21/24- Assembly Judiciary | |
| 06/28/24- Assembly Appropriations | |
| 08/19/24- ASSEMBLY FLOOR ANALYSIS |
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