Enforcement
Cal. BPC § 2242.1
California Statutes
(
a) No person or entity may prescribe, dispense, or furnish, or cause to be prescribed, dispensed, or furnished, dangerous drugs or dangerous devices, as defined in
Section 4022, on the Internet for delivery to any person in this state, without an appropriate prior examination and medical indication, except as authorized by
Section 2242. (
b) Notwithstanding any other provision of law, a violation of this
section may subject the person or entity that has committed the violation to either a fine of up to twenty-five thousand dollars ($25,000) per occurrence pursuant to a citation issued by the board or a civil penalty of twenty-five thousand dollars ($25,000) per occurrence. (
c) The Attorney General may bring an action to enforce this
section and to collect the fines or civil penalties authorized by subdivision (b). (
d) For notifications made on and after January 1, 2002, the Franchise Tax Board, upon notification by the Attorney General or the board of a final judgment in an action brought under this section, shall subtract the amount of the fine or awarded civil penalties from any tax refunds or lottery winnings due to the person who is a defendant in the action using the offset authority under
Section 12419.5 of the Government Code, as delegated by the Controller, and the processes as established by the Franchise Tax Board for this purpose. That amount shall be forwarded to the board for deposit in the Contingent Fund of the Medical Board of California. (
e) If the person or entity that is the subject of an action brought pursuant to this
section is not a resident of this state, a violation of this
section shall, if applicable, be reported to the person’s or entity’s appropriate professional licensing authority. (
f) Nothing in this
section shall prohibit the board from commencing a disciplinary action against a physician and surgeon pursuant to