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Calif. C.C.P. Sec. 364

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skn69hd

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Sec. 364 requires 90 days prior notice before filing suit against health services providers. Question: Does this provision also appply to Corporate Pharmacies, such as Longs Drugs, Savon,etc.
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by skn69hd:
Sec. 364 requires 90 days prior notice before filing suit against health services providers. Question: Does this provision also appply to Corporate Pharmacies, such as Longs Drugs, Savon,etc.<HR></BLOCKQUOTE>

My response:

This is an excellent issue. But, the answer is "No." "Health care provider" means a person licensed or certified under Ca Bus & Prof § 500 et seq., pursuant to the Osteopathic Initiative Act or the Chiropractic Initiative Act, or pursuant to Ca Hlth & S § 1440 et seq.; or a clinic or health facility licensed under Ca Hlth & S § 1200 et seq.; or such provider's legal representatives. [See Ca Bus & Prof § 6146(c)(2) & (3); Ca Civ Pro § 667.7(e)(3) & (4); Ca Civil §§ 3333.1(c)(1) & (2), 3333.2(c) (1) & (2); cf. Kotler v. Alma Lodge (1998) 63 Cal.App.4th 1381, 1390-1395, 74 Cal.Rptr.2d 721, 727-730--residential care facility for mentally ill adults not a "health care provider"]

All they are is a "dispensary" of drugs, under the orders of a Health Care Provider. A drug store shall not, in and of itself, provide medical health care without the prescription of a doctor.

Pursuant to Bus. & Prof. Code, § 4046, subd. (b), which declares the practice of the practice of pharmacy to be "a dynamic patient-oriented health service." [Huggins v. Longs Drug Stores California, Inc. (1993) 6 Cal.4th 124, page 126]

I presume you're staring at a Motion to Strike and / or a Demurrer? If so, what's their argument in favor of being entitled to a CCP 364?

Thank you for writing, and I hope you write back with an answer.

IAAL

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[This message has been edited by I AM ALWAYS LIABLE (edited May 25, 2000).]
 

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