Health and Safety Code — Part 1 | HSC — United States — California law | Esheria

Health and Safety Code

Part 1 of 87 · provisions 1–200

This section says the act is to be known as the Health and Safety Code.

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The Legislature states findings supporting a unified, single-payer-style health care financing system for all Californians. The State Department of Health Services is renamed the State Department of Health Care Services, and its retained functions continue with the renamed department. The Director of Health Care Services is appointed by the Governor with Senate confirmation, the director receives a salary set by law, and the Governor may appoint up to two chief deputies on the director’s recommendation. The director has the powers of a department head under the cited Government Code chapter. The Department of Health Services has a Division of Rural Health, and that division must administer specified chapters and sections.

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Provisions of Health and Safety Code

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  1. 1.

    ## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. )

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    This section says the act is to be known as the Health and Safety Code.

    ## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. ) ## 1. This act shall be known as the Health and Safety Code. (Enacted by Stats. 1939, Ch. 60.)
  2. 10.

    ## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. )

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    This section defines “Section” and “Subdivision” for this code, with exceptions when another statute or section is expressly mentioned.

    ## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. ) ## 10. “Section” means a section of this code unless some other statute is specifically mentioned. Subdivision means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. (Enacted by Stats. 1939, Ch. 60.)
  3. 1000.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 4. Unified Health Care Financing System [1000 - 1002] ( Part 4 added by Stats. 2023, Ch. 412, Sec. 1. )

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    The Legislature states findings supporting a unified, single-payer-style health care financing system for all Californians.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 4. Unified Health Care Financing System [1000 - 1002] ( Part 4 added by Stats. 2023, Ch. 412, Sec. 1. ) ## 1000. The Legislature finds and declares all of the following: (a) Established by the Governor and the Legislature, the Healthy California for All Commission endorsed a system of unified health care financing that is accessible, affordable, equitable, high quality, and universal. (b) The commission described the present health care system as one that is fragmented, wasteful, and disproportionately harmful to low-income Californians and communities of color and provided the rationale for a new single, government-administered funding system. (c) The commission found that a unified financing system would create significant opportunities to deliver health care more effectively, efficiently, and equitably. (d) California could save more than five hundred billion dollars ($500,000,000,000) over the next decade if a unified health care financing system is implemented, with overall costs lower even after most of those savings go to minimize consumer cost sharing and expand long-term care supports and services to all Californians. (e) The report by the commission calls for the elimination of corporate profitmaking as the basis of health care decisions. (f) The magnitude of the change from the status quo in cost savings and positive impact on Californians’ access to health care services that the commission contemplates represents a profound breakthrough in health policy and would establish California as the nation’s leader in pursuing health equity. (g) Federal engagement is critical to the process of developing the framework for a waiver that would provide program approval and full federal financial participation in a unified health care financing system for California. (h) The commission’s recommendations for a health care system with unified financing that guarantees all Californians the benefit of a standard, comprehensive package of health care services points the way toward better care at lower cost for our state’s residents. (i) Based on these findings, the Legislature endorses a health care system with unified financing, such as a single-payer health care system, to provide accessible, affordable, equitable, and high-quality health care for all Californians. (Added by Stats. 2023, Ch. 412, Sec. 1. (SB 770) Effective January 1, 2024.)
  4. 1001.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 4. Unified Health Care Financing System [1000 - 1002] ( Part 4 added by Stats. 2023, Ch. 412, Sec. 1. )

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    The Secretary of the California Health and Human Services Agency must research, develop, and discuss a waiver framework with the federal government.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 4. Unified Health Care Financing System [1000 - 1002] ( Part 4 added by Stats. 2023, Ch. 412, Sec. 1. ) ## 1001. The Secretary of the California Health and Human Services Agency shall research, develop, and pursue discussions of a waiver framework in consultation with the federal government with the objective of creating a health care system that incorporates the following features and objectives: (a) A comprehensive package of medical, behavioral health, pharmaceutical, dental, and vision benefits, which includes primary, preventive, and wellness care services. (b) A package of long-term care supports and services, including measures to support health and well-being while Californians age. (c) Services that will not vary by age, employment status, disability status, income, immigration status, or other characteristics. (d) The identification of disparities among Medicare, Medi-Cal, employer-sponsored insurance, and individual market coverage, with the goal to eliminate those disparities to the greatest extent possible in the new system. (e) The elimination of the adverse impacts within the health care system of attempts to avoid covering the sick or providing the benefits patients need. (f) The absence of cost sharing for essential services and treatments covered under the program, including primary, preventive, and wellness care services. (g) The establishment of sufficient reserves to guarantee solvency during public health emergencies and times of economic disruption. (h) A program to implement a just transition for members of the health industry workforce whose jobs may be disrupted. (i) Assurances that no individual will pay more than a specified percentage of their income on a progressive sliding scale for the cost of financing the health system. (j) Unified financing that delivers health care more effectively, efficiently, and equitably. (k) Cost-effectiveness by systemwide pooled purchasing to negotiate rates with providers. (l) Freedom for patients to choose providers and for primary care providers to choose practice models. (m) Greater investments in public health, primary care, and health equity efforts to address the social determinants of health through an improved mix of health care and human services. (n) Improvements in cost, quality, and health care system oversight and integration, which may include reducing overall administrative burdens on providers and improving connectivity and affordability of health care, built on the accomplishments of the Office of Healthcare Affordability and other current initiatives, including the Data Exchange Framework and California Advancing and Innovating Medi-Cal. (o) A ratesetting process that could use Medicare rates as the starting point for the development of final rates that avoid disruptions in the health care system and expand the availability of high quality vital services by sustaining a stable, experienced, and equitably compensated workforce. This process should address historic inequities in primary care physician reimbursements as compared to other specialty practices and include policies and payments to support those providers that serve a disproportionate percentage of low-income Californians and other disadvantaged communities. (p) Promotion of a workforce that addresses geographies and specialties with the greatest shortages and is diverse and able to provide culturally and linguistically competent care to all Californians regardless of race, nationality, ethnicity, sexual identity, and socioeconomic status. (q) Prohibition on the kinds of risk-bearing contractual arrangements that could incentivize providers to withhold needed care, while allowing for payment models that guarantee access, promote quality, ensure equity, and enable multidisciplinary teams. (r) Specific details on how care would be coordinated and organized. (s) Methods of payment, delivery, and oversight implemented under the unified health care financing system that will continue to allow California the ability to receive the full benefit of federal expenditures and tax credits that currently underwrite the full scope of health services. (Added by Stats. 2023, Ch. 412, Sec. 1. (SB 770) Effective January 1, 2024.)
  5. 100100.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 1. Organization of the Department [100100 - 100140] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 3. )

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    The State Department of Health Services is renamed the State Department of Health Care Services, and its retained functions continue with the renamed department.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 1. Organization of the Department [100100 - 100140] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100100. There is in the state government in the California Health and Human Services Agency, a State Department of Health Services which, effective July 1, 2007, is hereby renamed the State Department of Health Care Services. Commencing July 1, 2007, any reference in this chapter, in Chapter 1.5 (commencing with Section 100145), or in Article 1 (commencing with Section 100150) of Chapter 2 to the State Department of Health Services is deemed to, instead, refer to the State Department of Health Care Services with regard to functions not transferred to the State Department of Public Health. Commencing July 1, 2007, all the duties, powers, purposes, responsibilities, and jurisdiction of the former State Department of Health Services not vested in the State Department of Public Health pursuant to Chapter 2 (commencing with Section 131050) of Part 1 of Division 112, shall be retained by, and thereafter be performed by, the renamed State Department of Health Care Services. (Amended by Stats. 2006, Ch. 241, Sec. 13. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
  6. 100105.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 1. Organization of the Department [100100 - 100140] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 3. )

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    The Director of Health Care Services is appointed by the Governor with Senate confirmation, the director receives a salary set by law, and the Governor may appoint up to two chief deputies on the director’s recommendation.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 1. Organization of the Department [100100 - 100140] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100105. (a) The department is under the control of an executive officer known as the Director of Health Care Services, who shall be appointed by the Governor, subject to confirmation by the Senate, and hold office at the pleasure of the Governor. (b) The director shall receive the annual salary provided by Article 1 (commencing with Section 11550) of Chapter 6 of Part 1 of Division 3 of Title 2 of the Government Code. (c) Upon recommendation of the director, the Governor may appoint not to exceed two chief deputies of the department, subject to confirmation by the Senate, who shall hold office at the pleasure of the Governor. The salaries of the chief deputies shall be fixed in accordance with law. (Amended by Stats. 2007, Ch. 483, Sec. 19.5. Effective January 1, 2008.)
  7. 100110.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 1. Organization of the Department [100100 - 100140] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 3. )

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    The director has the powers of a department head under the cited Government Code chapter.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 1. Organization of the Department [100100 - 100140] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100110. The director shall have the powers of a head of the department pursuant to Chapter 2 (commencing with Section 11150) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  8. 100115.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 1. Organization of the Department [100100 - 100140] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 3. )

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    The Department of Health Services has a Division of Rural Health, and that division must administer specified chapters and sections.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 1. Organization of the Department [100100 - 100140] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100115. There is in the department a Division of Rural Health. The division shall administer Chapter 3 (commencing with Section 124550) and Chapter 4 (commencing with Section 124575) of Part 4 of Division 106, Section 101300, and Article 1 (commencing with Section 124600) of Chapter 5 of Part 4 of Division 106. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  9. 100120.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 1. Organization of the Department [100100 - 100140] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 3. )

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    The department’s officers and employees hired after July 1, 1978 must be appointed by the director.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 1. Organization of the Department [100100 - 100140] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100120. All officers or employees of the department employed after July 1, 1978, shall be appointed by the director. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  10. 100125.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 1. Organization of the Department [100100 - 100140] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 3. )

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    The department must develop and submit a consolidation proposal for maternal and child health programs, consult specified stakeholders, obtain needed waivers, and report waiver problems to the Legislature.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 1. Organization of the Department [100100 - 100140] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100125. Notwithstanding any other provision of state law, the department shall develop a proposal for consolidation of various programs affecting the health of mothers and children. The department, in developing the proposal, shall consult with the State Maternal Child and Adolescent Health Board, the California Conference of Local Health Officers, the California State Association of Counties, the Primary Care Clinic Advisory Committee, and other organizations interested in health services for women and children, as determined by the department, that shall assist it in identifying waivers of state and federal requirements that would be necessary to implement the proposal. The proposal shall consider administrative cost savings that may result from this consolidation. The department shall obtain waivers from state and federal requirements that the department determines are necessary to make the proposal viable. Any problem in obtaining the waivers shall be reported to the Legislature with the proposals. The department shall submit its proposal to the Legislature on or before January 1, 1984. Programs may include, but need not be limited to, the following: (a) California Children’s Services. (b) WIC—Special Supplemental Food. (c) Child Health and Disability Prevention. (d) California Immunization Assistance Program. (e) Children and Youth Project. (f) Dental Disease Prevention. (g) Rural Health. (h) Indian Health. (i) Pediatric Renal Failure Centers. (j) Prepaid Health Plans. (k) Family Planning. ( l) Infant Medical Dispatch Centers Program. (m) Childhood Lead Program. (n) Tuberculosis Control Program. (o) Venereal Disease. (p) SSI Disabled Children’s Program. (q) Other maternal and child health programs, including, but not limited to, the following: (1) Sickle Cell. (2) Prenatal Testing. (3) Tay Sachs. (4) Huntington’s Disease. (5) Prenatal Access. (6) High Risk Followup. (7) O.B. Access. (8) Perinatal Health Clinics. (9) Primary Care Clinics. (10) Maternal and Child Health Grants. Consolidation may include combining two or more specialized programs or the development of a single planning, evaluation, budgeting and reporting process for two or more programs that share a common target population. The department may submit more than one proposal for consolidation if two or more groupings of programs merit consolidation. Each proposal shall be developed after a review by the department of consolidation efforts proposed or developed by the counties. In the design of the proposal, the department shall consider how state level plans may assist further development of these local efforts. The department shall consult with the Department of Finance to develop a simplified budget and reporting format for programs that are recommended for consolidation. The Department of Finance shall make modifications in the California Fiscal Information System as it deems necessary to accommodate the proposed program consolidation. The office shall consult with the department with respect to the implementation of this section. The office shall incorporate recommendations for the consolidation of maternal, child, and adolescent health services in applicable policy plans adopted after January 1, 1983. (Amended by Stats. 1996, Ch. 1023, Sec. 301.1. Effective September 29, 1996.)
  11. 100130.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 1. Organization of the Department [100100 - 100140] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 3. )

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    A state-level consolidation proposal must include plans covering eligibility, forms, reporting, fiscal accountability, intake, case management, special-population services, and fixes for service gaps.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 1. Organization of the Department [100100 - 100140] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100130. Each state level consolidation proposal shall include plans for the development of the following: (a) Common eligibility standards for programs included within the consolidated proposal, or, if federal law requires different eligibility standards for these programs, a common method for determining eligibility. (b) A single form for the collection of necessary data from individuals, or a uniform format shared by all programs included in the consolidated proposal. (c) A single form for reporting service delivery to the state. (d) Shared plans, budgets, and fiscal accountability mechanisms, including audit procedures. (e) Common intake points for services included in the consolidated system, that include eligibility determination, referral services, and follow through. (f) A unified case management system. (g) A method of determining the needs of, and developing services for, special populations. (h) Implementation plans that propose solutions to any identified significant barriers or gaps in service. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  12. 100135.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 1. Organization of the Department [100100 - 100140] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 3. )

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    The director may seek and grant waivers if the department determines they are reasonably necessary to implement the department’s proposed consolidations.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 1. Organization of the Department [100100 - 100140] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100135. The director may seek and grant waivers that the department determines are reasonably necessary for the implementation of the department’s proposed consolidations. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  13. 100140.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 1. Organization of the Department [100100 - 100140] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 3. )

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    The Legislature states that the duties and responsibilities in Sections 100125 and 100130 should be carried out using existing staff resources, without additional funding beyond what is appropriated in the annual Budget Act.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 1. Organization of the Department [100100 - 100140] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100140. It is the intent of the Legislature that the duties and responsibilities provided for in Sections 100125 and 100130 be accomplished by utilizing existing staff resources, and that no additional funding be provided other than that appropriated by the Legislature in the annual Budget Act. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  14. 100145.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 1.5. Health and Welfare Agency Report on Long-Term Care [100145 - 100147] ( Chapter 1.5 added by Stats. 1997, Ch. 269, Sec. 1. )

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    The Legislature states findings about long-term care and says state programs and oversight should be restructured to improve coordination, eligibility, and service delivery for older persons and persons with disabilities.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 1.5. Health and Welfare Agency Report on Long-Term Care [100145 - 100147] ( Chapter 1.5 added by Stats. 1997, Ch. 269, Sec. 1. ) ## 100145. The Legislature finds and declares that for older persons and persons with disabilities all of the following apply: (a) Long-term care consumers experience great differences in service levels, eligibility criteria and service availability that often results in inappropriate and expensive care that is not responsive to individual needs. (b) Individuals requiring long-term care services are most often the best judges of their own needs. Consequently, they should share the responsibility for designing the overall long-term care delivery system. (c) The laws governing long-term care facilities have established an uncoordinated array of long-term care services that are funded and administered by a state structure that lacks necessary integration and focus. (d) Article 4.05 (commencing with Section 14139.05) of Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code sets forth the state’s public policy strategy to address this problem through an approach that provides the opportunity for a community to design and implement a coordinated services delivery system with the involvement of long-term care consumers in the decisionmaking process. (e) The Long-Term Care Integration Pilot Projects were developed to test models for service integration, with the goal of providing a continuum of social and health services that foster independence and self-reliance, maintain individual dignity, and allow consumers of long-term care services to remain an integral part of their family and community life. (f) The adoption of the Mello-Granlund Older Californians Act (Division 8.5 (commencing with Section 9000) of the Welfare and Institutions Code) sought to improve the integration of available services at the local level and enhance the development of systems of home and community-based services. (g) Obstacles currently preventing the integration of long-term care programs and oversight at the state level include all of the following: inflexible and inconsistent funding sources, economic incentives that encourage the placement of consumers in the highest levels of care, lack of coordination between aging, health, and social service departments at the state level, and inflexible state and federal regulations. (h) It is both necessary and urgent to restructure long-term care programs and oversight at the state level so that duplicative and confusing eligibility criteria, assessments, intake forms, and service limitations will not continue to inhibit consumer satisfaction, impede improvements in consumer health status, and perpetuate the ineffective use of state resources. (Added by Stats. 1997, Ch. 269, Sec. 1. Effective January 1, 1998.)
  15. 100147.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 1.5. Health and Welfare Agency Report on Long-Term Care [100145 - 100147] ( Chapter 1.5 added by Stats. 1997, Ch. 269, Sec. 1. )

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    This section defines “long-term care” and “systems of home and community based services” for the chapter.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 1.5. Health and Welfare Agency Report on Long-Term Care [100145 - 100147] ( Chapter 1.5 added by Stats. 1997, Ch. 269, Sec. 1. ) ## 100147. For purposes of this chapter, the following definitions shall apply: (a) “Long-term care” means a coordinated continuum of preventive, diagnostic, therapeutic, rehabilitative, supportive, and maintenance services that address the health, social and personal needs of older individuals and functionally-impaired adults who have restricted self-care capabilities. Long-term care may include licensed nursing facilities, adult residential care facilities, residential care facilities for the elderly, and home and community-based services. (b) “Systems of home and community based services” means an integrated continuum of service options available locally to older individuals and functionally-impaired adults through programs administered by the state for persons who seek to maximize self-care and independent living in the home or home-like environment. (Added by Stats. 1997, Ch. 269, Sec. 1. Effective January 1, 1998.)
  16. 100150.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [100150 - 100236] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. )

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    The State Department of Health Services takes over specified duties and powers from the former State Department of Health, and the Office of Statewide Health Planning and Development must assume the Facilities Construction Unit’s functions and responsibilities.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [100150 - 100236] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100150. The State Department of Health Services succeeds to and is vested with all the duties, powers, purposes, responsibilities, and jurisdiction of the State Department of Health as they relate to public health, licensing and certification of health facilities, except community care facility licensing to which the State Department of Social Services succeeds, and any other functions performed by the Division of Public Health of the State Department of Health on July 1, 1978, unless the function is transferred to a different state agency or department as a result of another provision of the statutes of the 1977–78 Regular Session of the Legislature amending this section. “State department,” “department,” or “State Department of Health” as used in this code, except in Article 7.5 (commencing with Section 416) of Chapter 2 of Part 1 of Division 1 or as otherwise specified in this code, means the State Department of Health Services. The Office of Statewide Health Planning and Development shall assume the functions and responsibilities of the Facilities Construction Unit of the former State Department of Health, including, but not limited to, those functions and responsibilities performed pursuant to the following provisions of law: Sections 13113 and 127050; Article 1 (commencing with Section 129000) of Chapter 1 of, and Chapter 2 (commencing with Section 129375) of, Part 6 of, and Part 7 (commencing with Section 129675) of, Division 107. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  17. 100155.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [100150 - 100236] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The department may use unexpended funds available for the functions it succeeded to under Section 100150.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [100150 - 100236] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100155. The department may use the unexpended balance of funds available for use in connection with the performance of the functions of the State Department of Health to which the department has succeeded pursuant to Section 100150. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  18. 100160.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [100150 - 100236] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    Certain covered State Department of Health officers and employees must be transferred to the department, and their status, positions, and rights must be preserved, except for positions exempt from civil service.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [100150 - 100236] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100160. All officers and employees of the State Department of Health heretofore performing any duty, power, purpose, responsibility, or jurisdiction to which the department has succeeded, who, on July 1, 1978, are serving in the state civil service, other than as temporary employees, and engaged in the performance of a function vested in the department by Section 100150 shall be transferred to the department. The status, positions, and rights of these persons shall not be affected by the transfer and shall be retained by them as officers and employees of the department, pursuant to the State Civil Service Act except as to positions exempted from civil service. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  19. 100165.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [100150 - 100236] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The department has possession and control of records and other property held for the benefit or use of state agencies whose functions are vested in it under Section 100150.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [100150 - 100236] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100165. The department shall have possession and control of all records, papers, officers, equipment, supplies, moneys, funds, appropriations, land or other property, real or personal, held for the benefit or use of any state agency whose functions are vested in the department by Section 100150. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  20. 100170.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [100150 - 100236] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The department may bring and defend legal actions and must use its own name in those actions.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [100150 - 100236] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100170. (a) The department may commence and maintain all proper and necessary actions and proceedings for any or all of the following purposes: (1) To enforce its regulations. (2) To compel the performance of any act specifically enjoined upon any person, officer, or board, by any law of this state relating to its powers and duties. (b) It may defend all actions and proceedings involving its powers and duties. (c) In all actions and proceedings it shall sue and be sued under the name of the department. (Amended by Stats. 2006, Ch. 241, Sec. 18. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
  21. 100171.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [100150 - 100236] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    This section sets procedures for certain adjudicative hearings conducted by the department, including use of administrative adjudication rules, assignment of an administrative law judge, and location/timing rules for some hearings.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [100150 - 100236] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100171. Notwithstanding any other provision of law, whenever the department is authorized or required by statute, regulation, due process (Fourteenth Amendment to the United States Constitution; subdivision (a) of Section 7 of Article I of the California Constitution), or a contract, to conduct an adjudicative hearing leading to a final decision of the director or the department, the following shall apply: (a) The proceeding shall be conducted pursuant to the administrative adjudication provisions of Chapter 4.5 (commencing with Section 11400) and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, except as specified in this section. (b) Notwithstanding Section 11502 of the Government Code, whenever the department conducts a hearing under Chapter 4.5 (commencing with Section 11400) or Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, the hearing shall be conducted before an administrative law judge selected by the department and assigned to a hearing office that complies with the procedural requirements of Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code. (c) (1) Notwithstanding Section 11508 of the Government Code, whenever the department conducts a hearing under Chapter 4.5 (commencing with Section 11400) or Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, the time and place of the hearing shall be determined by the staff assigned to the hearing office of the department, except as provided in paragraph (2) or unless the department, by regulation, specifies otherwise. (2) Formal hearings requested by institutional Medi-Cal providers and health facilities shall be held in Sacramento. (d) (1) Unless otherwise specified in this section, the following sections of the Government Code shall apply to any adjudicative hearing conducted by the department only if the department has not, by regulation, specified an alternative procedure for the particular type of hearing at issue: Section 11503 (relating to accusations), Section 11504 (relating to statements of issues), Section 11505 (relating to the contents of the statement to respondent), Section 11506 (relating to the notice of defense), Section 11507.6 (relating to discovery rights and procedures), Section 11508 (relating to the time and place of hearings), and Section 11516 (relating to amendment of accusations). (2) Any alternative procedure specified by the department in accordance with this subdivision shall conform to the purpose of the Government Code provision it replaces insofar as it is possible to do so consistent with the specific procedural requirements applicable to the type of hearing at issue. (3) Any alternative procedures adopted by the department under this subdivision shall not diminish the amount of notice given of the issues to be heard by the department or deprive appellants of the right to discovery suitable to the particular proceedings. Except as specified in paragraph (2) of subdivision (c), modifications of timeframes or of the place of hearing made by regulation shall not lengthen timeframes within which the department is required to act nor require hearings to be held at a greater distance from the appellant’s place of residence or business than is the case under the otherwise applicable Government Code provision. (e) The specific timelines specified in Section 11517 of the Government Code shall not apply to any adjudicative hearing conducted by the department to the extent that the department has, by regulation, specified different timelines for the particular type of hearing at issue. (f) In the case of any adjudicative hearing conducted by the department, “transcript,” as used in subdivision (c) of Section 11517 of the Government Code, shall be deemed to include any alternative form of recordation of the oral proceedings, including, but not limited to, an audio recording. (g) Pursuant to Section 11415.50 of the Government Code, the department may, by regulation, provide for any appropriate informal procedure to be used for an informal level of review that does not itself lead to a final decision of the department or the director. The procedures specified in Article 10 (commencing with Section 11445.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to an informal level of review authorized by this subdivision. Informal conferences concerning appeals by institutional Medi-Cal providers and health facilities may be held in Sacramento or Los Angeles. (h) Notwithstanding any other provision of law, any adjudicative hearing conducted by the department that is conducted pursuant to a federal statutory or regulatory requirement that contains specific procedures may be conducted pursuant to those procedures to the extent they are inconsistent with the procedures specified in this section. (i) Nothing in this section shall apply to a fair hearing involving a Medi-Cal beneficiary insofar as the hearing is, by agreement or otherwise, heard before an administrative law judge employed by the State Department of Social Services, or insofar as the hearing is being held pursuant to Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code in connection with services provided by the State Department of Developmental Services under applicable federal Medicaid waivers. Nothing in this subdivision shall be interpreted as abrogating the authority of the State Department of Health Care Services as the single state agency under the state Medicaid plan. (j) Nothing in this provision shall supersede express provisions of law that apply to any hearing that is not adjudicative in nature or that does not involve due process rights specific to an individual or specific individuals, as opposed to the general public or a segment of the general public. (Amended by Stats. 2009, Ch. 88, Sec. 67. (AB 176) Effective January 1, 2010.)
  22. 100185.5.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [100150 - 100236] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The director must review evidence for certain denial or suspension actions, may impose further enrollment or payment restrictions in some fraud or abuse cases, and affected providers or applicants may appeal.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [100150 - 100236] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100185.5. (a) When a letter or order of denial of continued enrollment or suspension of any type or duration, based upon fraud or abuse, or a suspension of payments pursuant to Section 14107.11 of the Welfare and Institutions Code, is issued by the department to a provider, the director shall review the evidence supporting the denial of continued enrollment, suspension, or suspension of payments. If, in the opinion of the director, the evidence shows a pattern or practice of fraud, abuse, or willful misrepresentation that, if replicated in any other health care program administered by the department, could cause either fiscal loss to the state or harm to any participant, the director may deny continued enrollment, suspend, or suspend payments to, the provider with respect to those other health care programs. Any denial of continued enrollment, suspension, or suspension of payments may be for an indefinite or definite period of time, may be stayed for a period of time, and may be with or without conditions or probation. (b) The director may deny the application of an applicant or provider to participate in any health care program administered by the department, when, based upon fraud or abuse, the applicant or provider has been denied continued enrollment in, or suspended from, any health care program administered by the department, or has had payments suspended in connection with the Medi-Cal program pursuant to Section 14107.11 of the Welfare and Institutions Code by the department, and remains ineligible to participate in the health care program from which the applicant or provider was denied continued enrollment, suspended, or had payments suspended. (c) The director may deny any new or additional application of a provider to participate in any health care program administered by the department if utilization controls including, but not limited to, prior authorization or special claims review pursuant to Sections 51159, 51455, and 51460 of Title 22 of the California Code of Regulations have been imposed upon that provider by any health care program administered by the department. Applications shall not be denied based solely upon utilization controls imposed upon an entire class or category of providers to which that provider belongs. (d) Notwithstanding any other law, any provider or applicant who has been denied continued enrollment in, or suspended from, or that has had payments suspended in connection with, any health care program administered by the department, or whose application to participate in a health care program administered by the department is denied, pursuant to this section, may appeal that action in accordance with Section 14043.65 of the Welfare and Institutions Code. (e) For purposes of this section, the following definitions apply: (1) “Abuse” has the same meaning as that term is defined in Section 14043.1 of the Welfare and Institutions Code. (2) “Administered by the department” means administered by the State Department of Health Care Services or by its agents or contractors on behalf of the State Department of Health Care Services. (3) “Applicant” means any person, individual, partnership, group, association, corporation, institution, or entity, and the officers, directors, owners, managing employees, or agents thereof, that applies to the department for enrollment as a provider or participation as a provider in a health care program administered by the department. (4) “Fraud” has the same meaning as that term is defined in Section 14043.1 of the Welfare and Institutions Code. (5) “Provider” means any person, individual, partnership, group, association, corporation, institution, or entity, and the officers, directors, owners, managing employees, or agents thereof, that provides services, goods, supplies, or merchandise, directly or indirectly, to a person enrolled in a health care program administered by the department. (6) “Payment suspension” means the suspension of payments in accordance with Section 14107.11 of the Welfare and Institutions Code. (f) For purposes of this section, “suspension” includes, but is not limited to, suspensions authorized under Article 1.3 (commencing with Section 14043) or Article 3 (commencing with Section 14123) of Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code. (g) For purposes of this section, “health care program administered by the department” includes, but is not limited to, the Medi-Cal program. (Amended by Stats. 2012, Ch. 797, Sec. 1. (SB 1529) Effective January 1, 2013.)
  23. 1002.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 4. Unified Health Care Financing System [1000 - 1002] ( Part 4 added by Stats. 2023, Ch. 412, Sec. 1. )

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    The Secretary of the Health and Human Services Agency must engage stakeholders and submit several waiver-framework reports and related materials by specified dates.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 4. Unified Health Care Financing System [1000 - 1002] ( Part 4 added by Stats. 2023, Ch. 412, Sec. 1. ) ## 1002. (a) In developing the waiver framework, the Secretary of the Health and Human Services Agency shall engage stakeholders to provide input on topics related to discussions with the federal government and key system design issues identified by the Healthy California for All Commission for further analysis. (1) Stakeholder engagement shall include representatives of consumers, patients, and community-based health care service providers, community organizations, health care professionals, labor unions, employers, and health policy experts, as well as representatives of government agencies and philanthropic organizations focused on health care. (2) Key system design issues include health care delivery, finance, operations, public administration, the specifics of the transition to a unified health care financing system from the current system, adapting existing consumer protections to the new system, applying reforms to move toward systems that reward and prioritize improvements in health outcomes, health care quality, and health care equity, and how to reduce costs and improve the experience of health care consumers. (b) The secretary shall, no later than January 1, 2025, provide an interim report to the chairs of the Assembly and Senate Budget and Health Committees that details the agency’s policy priorities and preliminary analysis of issues related to the federal discussions, as well as a summary of the input received to date through the stakeholder engagement process. The secretary shall, no later than January 1, 2025, also propose statutory language to the chairs of these committees authorizing the development and submission of applications to the federal government for waivers necessary to implement the unified health care financing system. (c) The secretary shall, no later than June 1, 2025, complete the drafting of the waiver framework, inclusive of input gathered through the stakeholder engagement process, make the draft available to the public on the agency’s internet website, and shall hold a 45-day public comment period thereafter. (d) The secretary shall, no later than November 1, 2025, provide the Legislature and the Governor with a report that communicates the finalized waiver framework, informed by public comment received, and sets forth the specific elements to be included in a formal waiver application to establish a unified financing system consistent with the outcomes of the agency’s discussions with the federal government. (e) The requirement for submitting the reports specified in this subdivision is inoperative on June 1, 2028, pursuant to Section 10231.5 of the Government Code. (f) A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2023, Ch. 412, Sec. 1. (SB 770) Effective January 1, 2024.)
  24. 100220.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [100150 - 100236] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. )

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    The director may accept certain grants of real-property interests and gifts of money if the Department of Finance approves and the use supports the department’s work.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [100150 - 100236] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100220. With the approval of the Department of Finance, and for use in the furtherance of the work of the department, the director may accept (a) grants of interest in real property, and (b) gifts of money from public agencies or from organizations or associations organized for scientific, educational, or charitable purposes. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  25. 100235.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [100150 - 100236] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The department must reimburse the medical plan for qualifying claim payments above $50,000, subject to a $3 million yearly cap, and the plan must submit verified claims data to support reimbursement.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [100150 - 100236] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100235. (a) The department shall annually reimburse the Robert F. Kennedy Farm Workers Medical Plan for claim payments that exceed fifty thousand dollars ($50,000) made by the plan on behalf of an eligible employee or dependent for a single episode of care on or after September 1, 2016. This reimbursement shall not exceed three million dollars ($3,000,000) per year. (b) To seek reimbursement, commencing after September 1, 2017, and annually thereafter, the plan shall submit to the department completed data, verified by an independent certified public accountant, for claims paid by the plan for services during the preceding year from September 1 to August 31, inclusive. (c) (1) If the department receives claims data from the plan pursuant to subdivision (b), the department shall analyze that data to determine the aggregate amount of claims that exceed fifty thousand dollars ($50,000) paid by the plan on behalf of an eligible employee or dependent for any single episode of care. (2) No later than 60 days after the department receives claims data submitted by the plan, the department shall reimburse the plan the amount determined pursuant to paragraph (1), up to the amount of three million dollars ($3,000,000) per year. (d) This section shall remain in effect only until January 1, 2031, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2031, deletes or extends that date. (Amended by Stats. 2025, Ch. 370, Sec. 1. (AB 499) Effective January 1, 2026. Repealed as of January 1, 2031, by its own provisions.)
  26. 100236.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [100150 - 100236] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. )

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    The department must advance 25% of certain local health department funding within 60 days after the Budget Act is enacted, using the prior or most recent fiscal year amount.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [100150 - 100236] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100236. (a) Within 60 days of enactment of the Budget Act, the department shall advance to a local health department 25 percent of the annual General Fund allocation, subvention, or reimbursement required by a local health department for the delivery of services specified in subdivision (b). In determining the dollar amount of the 25 percent allocation, subvention, or reimbursement, the department shall use the local health department’s prior year’s or the most recently completed fiscal year’s allocation. (b) Subdivision (a) shall apply to the following health programs and General Fund funding sources: (1) Funding for administration for the California Children’s Services Program (Article 5 (commencing with Section 123800) of Chapter 3 of Part 2 of Division 106). (2) Funding for medical therapy for the California Children’s Services Program (Article 5 (commencing with Section 123800) of Chapter 3 of Part 2 of Division 106). (3) Funding for administration for the Child Health and Disability Prevention Program (Article 6 (commencing with Section 124025) of Chapter 3 of Part 2 of Division 106). (4) Funding for HIV education and prevention services under Section 100119. (c) This section shall not apply to a local health department that is three or more quarters in arrears in billing the state for the programs specified in subdivision (b). (d) For purposes of this section, “local health department” has the same meaning as that set forth in Section 101185. (Added by Stats. 1999, Ch. 847, Sec. 1. Effective January 1, 2000.)
  27. 100237.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1.5. Inclusion of Women and Minorities in Clinical Research Act. [100237 - 100239] ( Article 1.5 added by Stats. 2000, Ch. 250, Sec. 1. )

    Verify source ↗

    This article defines key terms used in the article and says it may be cited as the “Inclusion of Women and Minorities in Clinical Research Act.”

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1.5. Inclusion of Women and Minorities in Clinical Research Act. [100237 - 100239] ( Article 1.5 added by Stats. 2000, Ch. 250, Sec. 1. ) ## 100237. (a) This article shall be known, and may be cited as, the “Inclusion of Women and Minorities in Clinical Research Act.” (b) For purposes of this article, the following definitions and descriptions shall apply: (1) “Grantee” means any qualified public, private, or nonprofit agency or individual, including, but not limited to, colleges, universities, hospitals, laboratories, research institutions, local health departments, voluntary health agencies, health maintenance organizations, corporations, students, fellows, entrepreneurs, and individuals conducting clinical research using state funds. A grantee may also be a corporation that is headquartered in California and that conducts research using state funds. (2) “Minority group” shall be defined pursuant to the definition in the 1993 National Institutes of Health guidelines. (3) “Project of clinical research” includes a clinical trial. (Added by Stats. 2000, Ch. 250, Sec. 1. Effective January 1, 2001.)
  28. 100238.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1.5. Inclusion of Women and Minorities in Clinical Research Act. [100237 - 100239] ( Article 1.5 added by Stats. 2000, Ch. 250, Sec. 1. )

    Verify source ↗

    A grantee conducting or supporting clinical research must include women and minority groups as subjects, recruit them through outreach, and design trials to allow valid analysis of whether results differ for those groups, unless an exception applies.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1.5. Inclusion of Women and Minorities in Clinical Research Act. [100237 - 100239] ( Article 1.5 added by Stats. 2000, Ch. 250, Sec. 1. ) ## 100238. (a) In conducting or supporting a project of clinical research, a grantee shall, except as provided in subdivision (b) or (e), do all of the following: (1) Ensure that women, including, but not limited to, women over the age of 40 years, are included as subjects in each research project. (2) Ensure that minority groups are included as subjects in each research project. (3) Conduct or support outreach programs for the recruitment of women and members of minority groups as subjects in projects of clinical research. (b) The requirement established in subdivisions (a) and (d) regarding women and members of minority groups shall not apply to a project of clinical research if the inclusion, as subjects in the project, of women and minority groups is inappropriate for either of the following reasons: (1) With respect to the health and safety of the subjects. (2) With respect to the purpose of the research. (c) In the case of any clinical trial in which women or members of minority groups will, under subdivision (a), be included as subjects, a grantee shall ensure that the trial is designed and carried out in a manner sufficient to provide for a valid analysis of whether the variables being studied in the trial affect women or members of minority groups, as the case may be, differently than other subjects in the trial. (d) In any grant, or in any contract by a grantee under a grant, the grantee or contracting party shall acknowledge, agree to, and be bound by, the terms of this section. (e) If a grantee is in compliance with the 1993 National Institutes of Health guidelines, the grantee shall be deemed to be in compliance with this section. (Added by Stats. 2000, Ch. 250, Sec. 1. Effective January 1, 2001.)
  29. 100239.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1.5. Inclusion of Women and Minorities in Clinical Research Act. [100237 - 100239] ( Article 1.5 added by Stats. 2000, Ch. 250, Sec. 1. )

    Verify source ↗

    State agencies must include specified research-funding data in periodic progress reports.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1.5. Inclusion of Women and Minorities in Clinical Research Act. [100237 - 100239] ( Article 1.5 added by Stats. 2000, Ch. 250, Sec. 1. ) ## 100239. (a) Pursuant to Section 439.904, state agencies shall, and it is the intent of the Legislature that the University of California, include, in appropriate periodic progress reports required under existing law, data on the extent to which state funds administered by those agencies and the University of California, or both, are used by grantees to support research on diseases, disorders, and health conditions that includes women and minorities in the research trials, and that studies diseases, disorders, and health conditions of particular concern to women and minorities. (b) It is the intent of the Legislature that research shall include, but not be limited to, cardiovascular diseases, cancer, Alzheimer’s disease, HIV and AIDS, sickle-cell anemia, obesity, mental illness, arthritis, and osteoporosis. (Added by Stats. 2000, Ch. 250, Sec. 1. Effective January 1, 2001.)
  30. 100250.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. State Laboratories [100250 - 100255] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The department must maintain a laboratory and branch laboratories as needed to do the analyses required for its responsibilities.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. State Laboratories [100250 - 100255] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100250. The department shall maintain a laboratory and branch laboratories as may be necessary to perform the microbiological, physical and chemical analyses required to meet the responsibilities of the department. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  31. 100255.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. State Laboratories [100250 - 100255] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The department may prepare or purchase biological products and distribute them at cost.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. State Laboratories [100250 - 100255] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100255. The department may prepare or purchase biological products and distribute them at cost. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  32. 100275.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Regulatory Authorization and Review [100275 - 100315] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The department may adopt and enforce regulations to carry out its duties.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Regulatory Authorization and Review [100275 - 100315] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100275. (a) The department may adopt and enforce regulations for the execution of its duties. (b) All regulations heretofore adopted by the department or its predecessors relating to public health, the licensing and certification of health facilities, except the licensing of community care facilities, or any other function performed by the Division of Public Health of the department, and in effect immediately preceding July 1, 1978, shall remain in effect and shall be fully enforceable unless and until readopted, amended, or repealed by the director or as otherwise provided by Section 25 or other provisions of law. This subdivision shall not apply to any regulation relating to a function transferred to a different state agency or department as a result of another provision of the statutes enacted during the 1977–78 Regular Session. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  33. 100280.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Regulatory Authorization and Review [100275 - 100315] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The director must adopt emergency regulations for the specified chapter, and state-agency regulations implementing this section stay in effect until June 30, 1984.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Regulatory Authorization and Review [100275 - 100315] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100280. (a) The director shall adopt emergency regulations pursuant to Section 1267.7 implementing Chapter 327 of the Statutes of 1982, effective July 1, 1983, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of regulations shall be deemed to be an emergency, and necessary for the immediate preservation of the public peace, health and safety, or general welfare. (b) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, regarding the duration of emergency regulations, any regulations adopted by any state agency in order to implement this section, shall remain in effect until June 30, 1984. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  34. 100285.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Regulatory Authorization and Review [100275 - 100315] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The director must adopt and file emergency regulations, and the Office of Administrative Law may not review or overturn them under this section.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Regulatory Authorization and Review [100275 - 100315] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100285. (a) Notwithstanding Section 11346.1 of the Government Code regarding the duration of emergency regulations, any regulations adopted by the director pursuant to Section 100280 and in effect on June 27, 1984, shall remain in effect until emergency regulations adopted pursuant to subdivision (b) become effective. (b) The director shall adopt emergency regulations pursuant to Section 1267.7, to be effective August 1, 1984, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of the regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. (c) The director shall transmit emergency regulations adopted pursuant to subdivision (b) directly to the Secretary of State for filing, and the regulations shall become effective immediately upon filing. (d) Upon completion of the formal regulation adoption process and prior to the expiration of the 120-day duration period of emergency regulations, the director shall transmit directly to the Secretary of State for filing the adopted regulations, the rulemaking file, and the certification of compliance, as required by subdivision (e) of Section 11346.1 of the Government Code. (e) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any regulations adopted by the director pursuant to this section and any documentation filed with those regulations shall not be subject to any review, approval, disapproval, or repeal by the Office of Administrative Law. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  35. 100290.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Regulatory Authorization and Review [100275 - 100315] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The department must submit covered regulations to the California Conference of Local Health Officers for review and comment before adoption, except emergency regulations.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Regulatory Authorization and Review [100275 - 100315] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100290. Notwithstanding any other provision of law, the department shall submit all of its regulations on matters related to statutory responsibilities delegated to or enforced by local health departments, except emergency regulations, to the California Conference of Local Health Officers for review and comment prior to adoption. If the department deems it appropriate to implement the proposed regulations or parts thereof, contrary to the recommendations of the conference, the department shall make a public finding summarizing the reasons for acting contrary to these recommendations. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  36. 100295.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Regulatory Authorization and Review [100275 - 100315] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The department must adopt regulations setting education and experience standards for local health department personnel and for how those departments are organized and operated.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Regulatory Authorization and Review [100275 - 100315] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100295. The department, after consultation with and approval by the Conference of Local Health Officers, shall by regulation establish standards of education and experience for professional and technical personnel employed in local health departments and for the organization and operation of the local health departments. These standards may include standards for the maintenance of records of services, finances and expenditures, that shall be reported to the director in a manner and at times as the director may specify. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  37. 100300.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Regulatory Authorization and Review [100275 - 100315] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    If there is a dispute over how department regulations are interpreted or enforced, a party may ask the department for clarification, and the department must decide the correct interpretation and enforcement.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Regulatory Authorization and Review [100275 - 100315] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100300. When a dispute arises as to the interpretation or enforcement of regulations of the department that are being enforced by a city, city and county, county, or district, a request for clarification or interpretation may be submitted to the department. The department shall make a determination of the proper interpretation and required enforcement when so requested by a party to the dispute. In making its determination the department may conduct a hearing where all interested parties may present relative comments or arguments. Determinations of the department made pursuant to this section shall be transmitted to the concerned local agency and the involved party or parties within 60 days after the receipt of the request. The determination of the department shall be binding upon the local agency and the parties subject to the regulations of the department, except when the matter may be subject to judicial review. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  38. 100305.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Regulatory Authorization and Review [100275 - 100315] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The department may use regulation to issue and renew certain licenses or certificates on a two-year basis, and it may set the related fee within a cap.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Regulatory Authorization and Review [100275 - 100315] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100305. Notwithstanding any other provision of law, the department by regulation may provide for the issuance and renewal on a two-year basis of licenses, certificates of registration, or other indicia of authority issued pursuant to this code by the department. The department may by regulation set the fee for the two-year license, certificate of registration, or other indicia, not to exceed twice the annual fee for issuance or renewal set by statute. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  39. 100310.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Regulatory Authorization and Review [100275 - 100315] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The director may waive certain hospital-services regulations in qualifying county hospitals if specific procedural and health-safety conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Regulatory Authorization and Review [100275 - 100315] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100310. Notwithstanding any other provision of law, but to the extent consistent with applicable federal law or regulation, the director may, after a request by a board of supervisors of an affected county and after a public hearing held in accordance with Section 11346 of the Government Code, waive regulations pertaining to the provision of hospital services in a hospital operated by a county or under contract to a county for a county with a population of 200,000 or less on January 1, 1980, if the director makes a finding that the waiver would not affect adversely the health and safety of persons in the county. The authority contained in this section shall be in addition to, and shall not supersede or limit, any other provision of law authorizing the waiver by the department of requirements contained in regulations adopted by the department relating to health facilities. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  40. 100315.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Regulatory Authorization and Review [100275 - 100315] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The department may grant PACE programs exemptions from duplicative, conflicting, or inconsistent requirements if the exemption will not harm participants or deprive beneficiaries of legal rights.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Regulatory Authorization and Review [100275 - 100315] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100315. (a) The department and as applicable, the California Department of Aging, the State Department of Public Health, and the State Department of Social Services, may grant to a PACE program, as defined in Chapter 8.75 (commencing with Section 14591) of Part 3 of Division 9 of the Welfare and Institutions Code, exemptions from duplicative, conflicting, or inconsistent requirements in Chapter 1 (commencing with Section 1200), Chapter 3 (commencing with Section 1500), Chapter 3.2 (commencing with Section 1569), Chapter 3.3 (commencing with Section 1570), and Chapter 8 (commencing with Section 1725) of Division 2, and Divisions 3 and 5 of Title 22 of the California Code of Regulations, including the use of alternate concepts, methods, procedures, techniques, space, equipment, personnel, personnel qualifications, or the conducting of pilot projects, provided that the exemptions are implemented in a manner that does not jeopardize the health and welfare of participants receiving services under PACE, or deprive beneficiaries of rights specified in federal or state laws or regulations. In determining whether to grant exemptions under this section, the departments shall consult with each other. (b) A written request and substantiating evidence supporting the request for an exemption under subdivision (a) shall be submitted by the PACE program to the department. A PACE program may submit a single request for an exemption from the licensing requirements applicable to two or more licenses held by that organization, so long as the request lists the locations and license numbers held by that organization and the requested exemption is the same and appropriate for all licensed locations. The written request shall include, but shall not be limited to, all of the following: (1) A description of how the applicable state requirement duplicates, conflicts with, or is inconsistent with state or federal requirements related to the PACE model. (2) An analysis demonstrating why the duplication, conflict, or inconsistency cannot be resolved without an exemption. (3) A description of how the PACE program plans to comply with the intent of the requirements described in paragraph (1). (4) A description of how the PACE program will monitor its compliance with the terms and conditions under which the exemption is granted. (c) The department shall approve or deny any request within 60 days of submission. An approval shall be in writing and shall provide for the terms and conditions under which the exemption is granted. A denial shall be in writing and shall specify the basis therefor. Any decision to deny a request shall be a final administrative decision. (d) If, after investigation, the department determines that a PACE program that has been granted an exemption under this section is operating in a manner contrary to the terms and conditions of the exemption, the department shall immediately suspend or revoke the exemption. If the exemption is applicable to more than one location or more than one category of licensure, or both, the department may suspend or revoke an exemption as to one or more license categories or locations as deemed appropriate by the department. (Amended by Stats. 2011, Ch. 367, Sec. 6. (AB 574) Effective January 1, 2012.)
  41. 100325.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 4. Population, Public Health, and Environmental Study [100325 - 100335] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The department must conduct special investigations about causes of morbidity and mortality and related public-health conditions, and do other required work to gather information for state and federal agencies.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 4. Population, Public Health, and Environmental Study [100325 - 100335] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100325. The department shall cause special investigations of the sources of morbidity and mortality and the effects of localities, employments, conditions and circumstances on the public health and the department shall perform other duties as may be required in procuring information for state and federal agencies regarding the effects of these conditions on the public health. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  42. 100330.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 4. Population, Public Health, and Environmental Study [100325 - 100335] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    Records gathered for special morbidity and mortality studies must stay confidential about patient identity and be used only for the study, with a limited permission for the department to publish non-identifying statistical compilations.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 4. Population, Public Health, and Environmental Study [100325 - 100335] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100330. All records of interviews, written reports, and statements procured by the department or by any other person, agency, or organization acting jointly with the department, in connection with special morbidity and mortality studies shall be confidential insofar as the identity of the individual patient is concerned and shall be used solely for the purposes of the study. The furnishing of this information to the department or its authorized representative, or to any other co-operating individual, agency or organization in any special study, shall not subject any person, hospital, sanitarium, rest home, nursing home, or other organization furnishing this information to any action for damages. This section shall not apply to general morbidity and mortality studies customarily and continuously conducted by the department that do not involve patient identification. Nothing in this section shall prohibit the publishing by the department of statistical compilations relating to morbidity and mortality studies that do not identify individual cases and sources of information or religious affiliations. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  43. 100333.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 4. Population, Public Health, and Environmental Study [100325 - 100335] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The department must annually compile and publish hazardous materials laws and keep the compilation updated; it may contract for preparation and printing, must distribute copies at cost, and must absorb preparation costs during the 1985–86 fiscal year.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 4. Population, Public Health, and Environmental Study [100325 - 100335] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100333. (a) The department shall annually compile and publish the laws relating to the use, handling, transportation, storage, and disposal of hazardous materials, including, but not limited to, hazardous wastes, flammable materials, corrosives, explosives, pesticides, and radioactive materials together with laws relating to administration, enforcement, and emergency response. The compilation shall reflect the amendments, additions, and deletions enacted each year. (b) The department may contract with the Legislative Counsel to prepare the compilation of laws required by subdivision (a) and with the Department of General Services to print and distribute the compilation. Copies of the compilation shall be distributed at cost. (c) During the 1985–86 fiscal year, the department shall absorb the costs of preparing the compilation from existing appropriations. It is the intent of the Legislature, commencing with the 1986–87 fiscal year, to appropriate revenues received from the distribution of the compilation to the department for carrying out the purposes of this section. (Added by Stats. 1996, Ch. 1023, Sec. 301.2. Effective September 29, 1996.)
  44. 100335.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 4. Population, Public Health, and Environmental Study [100325 - 100335] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The department may study population and vital statistics, request demographic data, collect additional related data, assess population effects, and make program recommendations.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers of the Department [100150 - 100335] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 4. Population, Public Health, and Environmental Study [100325 - 100335] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100335. The department may do all of the following activities: (1) Make a continuing study of births, deaths, marriages, and divorces, in order to provide a continuing analysis of trends to state agencies and to the Legislature. (2) Request and receive demographic and population data from the Department of Finance. (3) Make any additional collection of data necessary to describe and analyze fertility, family formation and dissolution, abortion practices, and other factors related to population dynamics, public health, and the environment. (4) Assess the health, environmental, and related effects of current and projected population. (5) Formulate recommendations for programs, consistent with individual rights and the integrity of the environment, to respond to projected trends. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  45. 100350.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Additional Administrative Provisions [100350 - 100575] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. Advance Payments to Small Contractors [100350- 100350.] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The department may give advance payments on certain qualifying contracts, but only if funds are available and the contract is for $200,000 or less.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Additional Administrative Provisions [100350 - 100575] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. Advance Payments to Small Contractors [100350- 100350.] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100350. The Legislature finds that many programs of the department are hindered by the length of time required for the state to execute contracts and pay vendor claims. These programs include, but are not limited to, community hypertension, rural health services development, family planning, genetic counseling, supplemental feeding program for women, infants, and children, sickle cell disease and newborn screening projects. This hardship is particularly felt by new or small community-based public or private nonprofit agencies with modest reserves and cash-flow problems. It is the intent of the Legislature that advance payment authority be established for the department in order to alleviate those problems for those types of contractors to the extent possible. Notwithstanding any other provision of law, the department may, to the extent funds are available, provide for advance payments for services to be performed under any contract, with a total annual contract amount of two hundred thousand dollars ($200,000) or less, that the department determines has been entered into with any small, community-based public or private nonprofit agency with modest reserves and potential cash-flow problems. These programs include, but are not limited to, the following: (a) Community hypertension. (b) Genetic disease programs. (c) Supplemental feeding programs for women, infants and children. (d) Sickle cell disease. (e) Newborn screening projects. (f) Rural health programs. (g) Indian health programs. No advance payment or aggregate of advance payments made pursuant to this section shall exceed 25 percent of the total annual contract amount. No advance payment should be made pursuant to this section if the applicable federal law prohibits advance payment. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  46. 100375.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Additional Administrative Provisions [100350 - 100575] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Public Health Federal Fund [100375 - 100390] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The Public Health Federal Fund is created in the State Treasury, and certain state-received federal grants must be deposited into it on the Controller’s order.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Additional Administrative Provisions [100350 - 100575] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Public Health Federal Fund [100375 - 100390] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100375. The Public Health Federal Fund in the State Treasury is hereby created. All grants of money received by the state from the United States, the expenditure of which is administered through or under the direction of the department, shall, on order of the Controller, be deposited in the Public Health Federal Fund. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  47. 100380.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Additional Administrative Provisions [100350 - 100575] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Public Health Federal Fund [100375 - 100390] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    Money in the Public Health Federal Fund is appropriated to the department for the federal purposes attached to those funds.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Additional Administrative Provisions [100350 - 100575] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Public Health Federal Fund [100375 - 100390] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100380. All money in the Public Health Federal Fund is hereby appropriated to the department, without regard to fiscal years, for expenditure for the purposes for which the money deposited therein is made available by the United States. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  48. 100385.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Additional Administrative Provisions [100350 - 100575] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Public Health Federal Fund [100375 - 100390] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The department and the Controller must keep records about money deposited in, transferred to, and paid out of the Public Health Federal Fund.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Additional Administrative Provisions [100350 - 100575] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Public Health Federal Fund [100375 - 100390] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100385. The department and the Controller shall keep a record of the classes and sources of income deposited in, or transferred to, the Public Health Federal Fund, and of the disbursements and transfers therefrom. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  49. 100390.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Additional Administrative Provisions [100350 - 100575] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Public Health Federal Fund [100375 - 100390] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The Director of Finance and the Controller may approve a qualifying general plan, and the department must submit reimbursement or transfer requests in writing to the Controller with any required financial statements.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Additional Administrative Provisions [100350 - 100575] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Public Health Federal Fund [100375 - 100390] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100390. The Director of Finance and the Controller may approve any general plan that meets the following requirements: (a) Any expenditures that are a proper charge against the money made available by the United States and deposited in the Public Health Federal Fund may be paid in the first instance from any appropriation from the General Fund, expenditures from which are administered through or under the direction of the department. (b) Any expenditures that are a proper charge against an appropriation from any special fund in the State Treasury, expenditures from which are administered through or under the direction of the department, may be paid in the first instance from any appropriation from the General Fund, expenditures from which are administered through or under the direction of the department. (c) The General Fund shall be reimbursed for expenditures made therefrom that are a proper charge against the Public Health Federal Fund or against any appropriation from any special fund. Such a general plan may provide for advance transfers from the Public Health Federal Fund to the General Fund, based on estimates of expenditures that will be subject to reimbursement from the Public Health Federal Fund pursuant to the plan, and may provide for reimbursements to the Public Health Federal Fund, when necessary. Request for reimbursement or transfer pursuant to the plan shall be furnished to the Controller in writing by the department, accompanied by financial statements as the plan may provide; and on order of the Controller, the required amount shall be transferred in accordance with the plan. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  50. 100400.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Additional Administrative Provisions [100350 - 100575] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Special Deposit Funds [100400- 100400.] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    Certain non-U.S. grants or donations administered by the department must be deposited into the Special Deposit Fund when the Controller orders it.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Additional Administrative Provisions [100350 - 100575] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Special Deposit Funds [100400- 100400.] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100400. All grants or donations of money received by the state from sources other than the United States, the expenditure of which is administered through or under the direction of the department, shall, on order of the Controller, be deposited in the Special Deposit Fund, subject to Article 2 (commencing with Section 16370) of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code. The Controller shall designate, by name, separate accounts within the Special Deposit Fund covering the accountability for each class of grant or donation deposited pursuant to this section; and the department and the Controller shall keep a record of the classes and sources of income deposited in, or transferred to, each of the accounts in the Special Deposit Fund, and of the disbursements therefrom. All moneys deposited in the Special Deposit Fund pursuant to this section shall be available, without regard to fiscal years, for expenditure for the purposes for which the money was made available to the state. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  51. 100425.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Additional Administrative Provisions [100350 - 100575] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 4. Fees or Charges for Issuance and Renewal of Documents [100425 - 100450] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    This section requires the state department to publish an annual list of the actual numerical fee charges, and it lets the Department of Finance determine the annual percentage change used to adjust certain fees and charges.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Additional Administrative Provisions [100350 - 100575] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 4. Fees or Charges for Issuance and Renewal of Documents [100425 - 100450] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100425. (a) The fees or charges for the issuance or renewal of any permit, license, registration, or document pursuant to Sections 1676, 1677, 2805, 11839.25, 103625, 106700, 106890, 106925, 107080, 107090, 107095, 107160, 110210, 110470, 110471, 111130, 111140, 111630, 111923.5, 111923.6, 112405, 112510, 112750, 112755, 113060, 113065, 114065, 115035, 115065, 115080, 117923, 117995, 118045, 118210, and 118245 shall be adjusted annually by the percentage change printed in the Budget Act for those items appropriating funds to the state department. After the first annual adjustment of fees or charges pursuant to this section, the fees or charges subject to subsequent adjustment shall be the fees or charges for the prior calendar year. The percentage change shall be determined by the Department of Finance, and shall include at least the total percentage change in salaries and operating expenses of the state department. However, the total increase in amounts collected under this section shall not exceed the total increased cost of the program or service provided. (b) The state department shall publish annually a list of the actual numerical fee charges for each permit, license, certification, or registration governed by this section. (c) This adjustment of fees and publication of the fee list shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (d) With respect to the fees or charges pursuant to Section 103625, the actual dollar fee or charge shall be rounded to the nearest whole dollar. (Amended by Stats. 2025, Ch. 105, Sec. 23. (AB 144) Effective September 17, 2025.)
  52. 100430.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Additional Administrative Provisions [100350 - 100575] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 4. Fees or Charges for Issuance and Renewal of Documents [100425 - 100450] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The department must publish an annual list of the numerical fee charges, and the fee list adjustment and publication are exempt from certain administrative procedure requirements.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Additional Administrative Provisions [100350 - 100575] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 4. Fees or Charges for Issuance and Renewal of Documents [100425 - 100450] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100430. (a) (1) The fees or charges for a record search or for the issuance of any license, permit, registration, or any other document pursuant to Section 26840 of the Government Code, or Section 102525, 102625, 102670, 102725, 102750, 103040.1, 103050, 103065, 103225, 103325, 103400, 103425, 103450, 103525, 103590, 103650, 103675, 103690, 103695, 103700, 103705, 103710, 103715, 103720, 103725, or 103735 of this code, may be adjusted annually by the percentage change determined pursuant to Section 100425. (2) The base amount to be adjusted shall be the statutory base amount of the fee or charge plus the sum of the prior adjustments to the statutory base amount. Whenever the statutory base amount is amended, the base amount shall be the new statutory base amount plus the sum of adjustments to the new statutory base amount calculated subsequent to the statutory base amendment. The actual dollar fee or charge shall be rounded to the next highest whole dollar. (b) Beginning January 1, 1983, the department shall annually publish a list of the actual numerical fee charges as adjusted pursuant to this section. This adjustment of fees and the publication of the fee list shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2011, Ch. 402, Sec. 4. (AB 1053) Effective January 1, 2012.)
  53. 100435.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Additional Administrative Provisions [100350 - 100575] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 4. Fees or Charges for Issuance and Renewal of Documents [100425 - 100450] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    For the fee in Government Code Section 26840, the Section 100430 adjustment applies only to the part designated for the State Registrar of Vital Statistics.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Additional Administrative Provisions [100350 - 100575] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 4. Fees or Charges for Issuance and Renewal of Documents [100425 - 100450] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100435. For the fee specified in Section 26840 of the Government Code, the adjustment authorized by Section 100430 shall apply only to the portion of the fee designated for the State Registrar of Vital Statistics. Any increase in this component of the fee shall be added to the total fee authorized by Section 26840 of the Government Code. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  54. 100440.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Additional Administrative Provisions [100350 - 100575] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 4. Fees or Charges for Issuance and Renewal of Documents [100425 - 100450] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The fee adjustment under Section 100430 applies to certain additional fees for certified copies of marriage or marriage dissolution records and to other fees imposed by that section.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Additional Administrative Provisions [100350 - 100575] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 4. Fees or Charges for Issuance and Renewal of Documents [100425 - 100450] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100440. For the fee specified in subdivision (c) of Section 103625, the adjustment authorized by Section 100430 shall apply to the additional fee charged to applicants other than public agency applicants for certified copies of marriage or marriage dissolution records, as well as to the other fees imposed by that section. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  55. 100450.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Additional Administrative Provisions [100350 - 100575] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 4. Fees or Charges for Issuance and Renewal of Documents [100425 - 100450] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The department must publish each year’s adjusted fee list by January 1 and determine the annual fee adjustment so license fee revenues cover estimated licensing program costs.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Additional Administrative Provisions [100350 - 100575] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 4. Fees or Charges for Issuance and Renewal of Documents [100425 - 100450] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100450. (a) The fees or charges required to accompany an application for the issuance or renewal of any license pursuant to Section 1300 of the Business and Professions Code or pursuant to Sections 1616 or 1639.5 shall be adjusted annually pursuant to Section 1300.2 of the Business and Professions Code. The fees or charges subject to adjustment pursuant to this subdivision shall be the fees or charges that would have been payable in the prior calendar year without regard to the provisions of subdivision (b). (b) The annual adjustment for fees or charges assessed under subdivision (a) shall be determined by the department so that license fee revenues cover the estimated licensing program costs pursuant to Section 1300.2 of the Business and Professions Code. (c) The department shall by January 1 of each year publish a list of actual numerical fee charges as adjusted pursuant to this section. This adjustment of fees and the publication of the fee list shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2025, Ch. 105, Sec. 24. (AB 144) Effective September 17, 2025.)
  56. 100500.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Additional Administrative Provisions [100350 - 100575] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 6. Richmond Laboratory and Office Facility [100500 - 100510] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The Director of General Services and the State Public Works Board are authorized to acquire property, finance, and fund a Richmond laboratory and office facility project for the State Department of Health Services, subject to stated limits.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Additional Administrative Provisions [100350 - 100575] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 6. Richmond Laboratory and Office Facility [100500 - 100510] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100500. (a) The Director of General Services may acquire real property in order to construct a laboratory and office facility or remodeling an existing facility in the City of Richmond, for the use of the State Department of Health Services. (b) Revenue bonds, negotiable notes, and negotiable bond anticipation notes may be issued by the State Public Works Board pursuant to the State Building Construction Act of 1955 (Part 10b (commencing with Section 15800) of Division 3 of Title 2 of the Government Code) to finance the acquisition and construction of a new laboratory and office facility, or remodeling of an existing facility for the State Department of Health Services in the City of Richmond. The amount of the bonds plus the cost of equipment shall not exceed fifty-four million five hundred thousand dollars ($54,500,000) as necessary for land acquisition including, but not limited to, land needed for planned future expansion of the laboratory and office facility, environmental studies, preliminary plans, working drawings, construction, furnishings, equipment, and all related betterments and improvements. Notwithstanding Section 13332.11 of the Government Code, the State Public Works Board may authorize the augmentation of the amount authorized under this section for the project by an amount not to exceed 10 percent of the amount appropriated for this project. (c) The State Public Works Board may borrow funds for project costs from the Pooled Money Investment Account pursuant to Sections 16312 and 16313 of the Government Code. (d) The amount of revenue bonds, negotiable notes, or negotiable bond anticipation notes to be sold shall equal the cost of acquisition, including land, construction, preliminary plans, and working drawings, construction management and supervision, other costs relating to the design, construction, or remodeling of the facilities, and any additional sums necessary to pay interim and permanent financing costs. The additional amount may include interest and a reasonable required reserve fund. (Amended by Stats. 2012, Ch. 728, Sec. 97. (SB 71) Effective January 1, 2013.)
  57. 100505.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Additional Administrative Provisions [100350 - 100575] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 6. Richmond Laboratory and Office Facility [100500 - 100510] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The Legislature states that California should fully use state real property, relocate the health services facilities from Berkeley to Richmond, let the University of California consolidate programs near Berkeley, and reuse the Berkeley property to support the city’s economy.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Additional Administrative Provisions [100350 - 100575] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 6. Richmond Laboratory and Office Facility [100500 - 100510] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100505. The Legislature finds and declares all of the following: (a) It is in the state’s interest to utilize fully state real property assets. (b) The State Department of Health Services intends to vacate its facilities currently located at 2151 Berkeley Way in the City of Berkeley upon completion of new facilities in the City of Richmond. (c) It is in the state’s interest that the University of California be able to consolidate programs proximate to its Berkeley campus. (d) It is in the state’s interest to have the 2151 Berkeley Way property be reused in a manner that contributes to the city’s economic vitality. (Repealed and added by Stats. 1996, Ch. 649, Sec. 2. Effective January 1, 1997.)
  58. 100510.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Additional Administrative Provisions [100350 - 100575] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 6. Richmond Laboratory and Office Facility [100500 - 100510] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    This section sets out a property transfer process for 2151 Berkeley Way, including required offers, negotiations, report sharing, later sale/lease/exchange steps, and ongoing reporting.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Additional Administrative Provisions [100350 - 100575] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 6. Richmond Laboratory and Office Facility [100500 - 100510] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100510. (a) It is the intent of the Legislature that the property at 2151 Berkeley Way in the City of Berkeley be conveyed to the University of California pursuant to a process mutually agreed to by the State Department of Health Services, the Department of General Services, and the University of California. (b) It is the intent of the Legislature that the University of California consult with the City of Berkeley regarding the planned use of the property at 2151 Berkeley Way, should it be transferred to the University of California. It is also the intent of the Legislature that the property located at 2151 Berkeley Way be reused by the University of California as soon as is reasonably possible after the transfer of title. (c) Not earlier than 36 months nor later than 18 months prior to the vacating of the property located at 2151 Berkeley Way, the Department of General Services, on behalf of the State Department of Health Services, shall offer to convey title to that property to the University of California on terms and conditions as the State Department of Health Services shall deem reasonable and appropriate. For the duration of 24 months following the date of this offer, the Department of General Services shall negotiate with the University of California, and shall not offer the property to any public or private entity other than the University of California. If, at the end of the 24-month period following the offer, the Department of General Services and the University of California have not reached final agreement for the conveyance of property, or have not agreed upon an extension of the period, the property may be disposed of as surplus property. Nothing in this section shall be construed to prohibit the parties from reaching an agreement for the conveyance of the property at an earlier date. (d) The State Department of Health Services shall provide to the University of California copies of all reports produced pertaining to any contamination found that is associated with the soil or groundwater. The State Department of Health Services shall provide those reports within 60 days after they are produced, or, in the case of reports produced prior to January 1, 1997, by July 1, 1997. (e) Not later than 12 months after the transfer of title of the property at 2151 Berkeley Way to the University of California, the University of California shall offer for sale, lease, or exchange, for uses that are not exempted from taxes, that portion of the property bounded on the west by Shattuck Avenue, on the south by Berkeley Way, on the north by Hearst Avenue, and on the east by a marking of up to 75 feet from the westernmost boundary of the property on Shattuck Avenue. The proceeds of the sale, lease, or exchange shall be credited to the University of California. (f) Within one year after the transfer of title of the property at 2151 Berkeley Way to the University of California, and annually thereafter, the University of California shall report to the Legislature regarding the status of its plans for the use of that portion of the property that remains in the possession of the University of California. The reporting requirements of this subdivision shall terminate upon implementation by the University of California of its plan for the property. (g) This section shall not apply to the University of California unless the Regents of the University of California, by resolution, make this section applicable. (Repealed and added by Stats. 1996, Ch. 649, Sec. 4. Effective January 1, 1997.)
  59. 100525.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Additional Administrative Provisions [100350 - 100575] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 7. Contract Uniformity [100525 - 100540] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    This section says the article is meant to improve efficiency in handling multiple contracts with nonprofit organizations by requiring uniform fringe-benefit provisions.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Additional Administrative Provisions [100350 - 100575] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 7. Contract Uniformity [100525 - 100540] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100525. It is the Legislature’s intent in enacting this article to promote efficiency in the administration of multiple contracts between nonprofit organizations and the divisions of the department by requiring uniform provisions concerning fringe benefits. Nothing contained in this article shall be construed to mandate any personnel policies, procedures, or fringe benefits as a condition of contracting with the state. In addition, this article shall not supersede or amend any agreement that may have been entered into, or may be entered into in the future, between a nonprofit corporation and its employees, agents, or employee representative organization. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  60. 100530.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Additional Administrative Provisions [100350 - 100575] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 7. Contract Uniformity [100525 - 100540] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The department must review listed categorical programs and create a procedure to notify contracting nonprofit organizations of contract terms and allowable-cost conditions when the contract is executed.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Additional Administrative Provisions [100350 - 100575] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 7. Contract Uniformity [100525 - 100540] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100530. Notwithstanding any other provision of law, the department shall review the following categorical programs and develop a procedure by which a contracting nonprofit organization is notified at the execution of a contract of the terms and conditions relating to the allowable costs associated with personnel, primary care grants-in-aid, maternal and child health, family planning, women, infant and children, dental disease prevention, child health and disability prevention, California children’s services, preventive health care for the aging, rural health services, farmworker health services, California health services corps, American Indian health services, genetically handicapped programs, hypertension, perinatal health services, immunization, adolescent family life, and other programs that the department wishes to include within the scope of this article. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  61. 100535.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Additional Administrative Provisions [100350 - 100575] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 7. Contract Uniformity [100525 - 100540] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    This article must not conflict with any mandate imposed by state or federal laws or regulations.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Additional Administrative Provisions [100350 - 100575] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 7. Contract Uniformity [100525 - 100540] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100535. Nothing contained in this article shall conflict with any mandate imposed by laws or regulations of the state or federal government. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  62. 100540.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Additional Administrative Provisions [100350 - 100575] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 7. Contract Uniformity [100525 - 100540] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The department must take necessary steps to make contracts uniform.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Additional Administrative Provisions [100350 - 100575] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 7. Contract Uniformity [100525 - 100540] ( Article 7 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100540. The department shall take the steps necessary to achieve uniformity among contracts. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  63. 100550.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Additional Administrative Provisions [100350 - 100575] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 8. Consolidation of Contracts [100550 - 100570] ( Article 8 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The department may use one contract to cover multiple listed health service areas, subject to its contracting authority and the listed limits. Federally funded programs that require separate accounting and reporting must keep that accounting and reporting separate.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Additional Administrative Provisions [100350 - 100575] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 8. Consolidation of Contracts [100550 - 100570] ( Article 8 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100550. Notwithstanding any other provisions of state law or any division in the allocation of funds in the Budget Act, the department may, within its authority to contract with a provider for the provision of health services, enter into a single contractual instrument encompassing services in any number of health services subject areas, limited to the following: primary care, maternal and child health, woman, infant, and child care, family planning, rural health services, migrant and seasonal farmworker care, child health and disability prevention, genetic disease, hypertension, grants-in-aid, American Indian health, adult health care, and dental care, except that federally funded programs requiring separate accounting and reporting shall preserve the separate accounting and reporting for contracts executed pursuant to this article. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  64. 100555.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Additional Administrative Provisions [100350 - 100575] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 8. Consolidation of Contracts [100550 - 100570] ( Article 8 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    If doing so would reduce administrative costs, agencies that may audit a state health services program contract must widen the audit to cover other health services programs included in the contract.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Additional Administrative Provisions [100350 - 100575] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 8. Consolidation of Contracts [100550 - 100570] ( Article 8 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100555. To the extent that a reduction in administrative costs would thereby result, any agency or agencies authorized to conduct audits under any state health services program that is the subject of a contract with a provider shall conform the scope of any audit to include other health services programs encompassed by the contract for which the agency or agencies have authority to conduct audits. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  65. 100560.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Additional Administrative Provisions [100350 - 100575] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 8. Consolidation of Contracts [100550 - 100570] ( Article 8 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    Contracts under this article must be reviewed and approved by the Department of General Services.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Additional Administrative Provisions [100350 - 100575] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 8. Consolidation of Contracts [100550 - 100570] ( Article 8 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100560. Notwithstanding any other provision of state law, any contract under this article shall be subject to review and approval by the Department of General Services. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  66. 100565.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Additional Administrative Provisions [100350 - 100575] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 8. Consolidation of Contracts [100550 - 100570] ( Article 8 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The department is not barred from using contract reimbursement methods like negotiated rates, capitation, fee-for-service, or other cost-reducing methods.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Additional Administrative Provisions [100350 - 100575] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 8. Consolidation of Contracts [100550 - 100570] ( Article 8 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100565. No provision of this article shall be construed to prohibit the department from providing under any contract entered into under this article for reimbursement on the basis of negotiated rates, capitation, fee-for-service, or any other method designed to reduce administrative costs. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  67. 100570.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Additional Administrative Provisions [100350 - 100575] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 8. Consolidation of Contracts [100550 - 100570] ( Article 8 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The department may establish one account for depositing funds from eligible programs for contracting purposes.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Additional Administrative Provisions [100350 - 100575] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 8. Consolidation of Contracts [100550 - 100570] ( Article 8 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100570. In order to implement this article, the department may establish a single account wherein all funds for eligible programs may be deposited for purposes of contracting in a single form. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  68. 100575.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Additional Administrative Provisions [100350 - 100575] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 9. Pest Spray Reports [100575- 100575.] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    Pest control businesses licensed under the cited Food and Agricultural Code provisions must file monthly spray reports by the 10th with the county agricultural commissioner in each county where they treated property.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. Additional Administrative Provisions [100350 - 100575] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 9. Pest Spray Reports [100575- 100575.] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100575. (a) By the 10th of each month, a person engaged in the business of pest control under the authority of a license issued pursuant to Article 1 (commencing with Section 11701), Chapter 4, Division 6 of the Food and Agricultural Code shall file a spray report with the county agricultural commissioner of each county in which the person has treated property during the previous month. (b) The spray report shall include the name and address of the person and, for each property treated, the following information: (1) The name and address of the owner of the property treated. (2) The name and address of the owner of the crop treated. (3) The type of crop treated. (4) The date, time, and method of treatment. (5) The type, quantity, and concentration of each pesticide used in the treatment. (6) The type of insect or pest to be controlled. (7) The number of trees or acres treated. (8) Any other information that the department may deem necessary in view of conditions that may constitute a menace to life, health, or safety of individuals living or working in areas where pesticides are applied. (c) Spray reports filed pursuant to this section are public records that shall be made available by the county agricultural commissioners for public inspection. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  69. 100700.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Licensing of Laboratories [100700 - 100775] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    Certain forensic alcohol analysis laboratories must follow specified California regulations, with exemptions for accredited laboratories, and the department may not require laboratories to be licensed.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Licensing of Laboratories [100700 - 100775] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100700. (a) (1) Except as provided in paragraph (2), laboratories engaged in the performance of forensic alcohol analysis tests by or for law enforcement agencies on blood, urine, tissue, or breath for the purposes of determining the concentration of ethyl alcohol in persons involved in traffic accidents or in traffic violations shall comply with Group 8 (commencing with Section 1215) of Subchapter 1 of Chapter 2 of Division 1 of Title 17 of the California Code of Regulations, as they exist on December 31, 2004, until the date when those regulations are revised pursuant to Section 100703. (2) (A) Laboratories that are accredited in forensic alcohol analysis by the American Society of Crime Laboratory Directors/Laboratory Accreditation Board shall not be required to establish the concentration of each lot of secondary alcohol standards it uses, whether prepared or acquired, by an oxidimetric method that employs a primary standard. (B) Laboratories that are accredited in forensic alcohol analysis by the American Society of Crime Laboratory Directors/Laboratory Accreditation Board are not limited to reporting analytical results to the second decimal place. (b) Notwithstanding subdivision (a), the department shall not require laboratories to be licensed. (Amended by Stats. 2014, Ch. 570, Sec. 1. (AB 2425) Effective January 1, 2015.)
  70. 100701.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Licensing of Laboratories [100700 - 100775] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. )

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    Laboratories covered by Section 100700 must make sure their breath alcohol instruments and calibrating devices used in testing are listed in the federal conforming products list.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Licensing of Laboratories [100700 - 100775] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100701. All laboratories that are subject to the requirements of Section 100700 shall ensure that breath alcohol instruments and calibrating devices used in testing are listed in the conforming products list in the Federal Register by the National Highway Traffic Safety Administration of the United States Department of Transportation. (Added by Stats. 2004, Ch. 337, Sec. 4. Effective January 1, 2005.)
  71. 100702.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Licensing of Laboratories [100700 - 100775] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. )

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    Laboratories covered by Section 100700 must follow ASCLD/LAB proficiency-testing guidelines and keep a written review procedure; laboratories and examiners also have annual proficiency-testing requirements.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Licensing of Laboratories [100700 - 100775] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100702. (a) All laboratories that are subject to the requirements of Section 100700 shall follow the American Society of Crime Laboratory Directors/Laboratory Accreditation Board (ASCLD/LAB) guidelines for proficiency testing. The required proficiency test must be obtained from any ASCLD/LAB approved test provider. (b) Each laboratory shall participate annually in an external proficiency test for alcohol analysis. (c) Each examiner shall successfully complete at least one proficiency test annually. (d) Each laboratory shall have a procedure in writing that describes a review of proficiency test results, and, if applicable, the corrective action taken when proficiency test results are inconsistent with expected test results. (Added by Stats. 2004, Ch. 337, Sec. 5. Effective January 1, 2005.)
  72. 100703.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Licensing of Laboratories [100700 - 100775] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. )

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    The department must create a review committee by July 1, 2005, and later adopt regulations based on that committee’s revisions, except for revisions the agency disapproves.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Licensing of Laboratories [100700 - 100775] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100703. (a) On or before July 1, 2005, the department shall establish a review committee. (b) The review committee shall have eight members, including one person representing each of the following: (1) Prosecuting attorneys. (2) Law enforcement agencies. (3) Defense attorneys. (4) Coroners, pathologists, or medical examiners. (5) Criminalists. (6) Toxicologists. (7) Crime laboratory directors. (8) The State Department of Public Health. (c) The review committee shall meet at least once in each three-year period after its initial meeting, or within 60 days of receipt of a request by the department or a member of the review committee. (d) The review committee shall evaluate Group 8 (commencing with Section 1215) of Subchapter 1 of Chapter 2 of Division 1 of Title 17 of the California Code of Regulations and determine revisions that will limit those regulations to those that the review committee determines are reasonably necessary to ensure the competence of the laboratories and employees to prepare, analyze, and report the results of the tests and comply with applicable laws. In determining revisions, the review committee shall also take into consideration the advancement and development of scientific processes, including the reporting of results with an estimated uncertainty measurement. The review committee shall submit a summary of revisions to the California Health and Human Services Agency. (e) Within 90 days of receiving the review committee’s revisions, the California Health and Human Services Agency may disapprove of one or more of those revisions. (f) (1) Except as provided in paragraph (2), the department shall adopt regulations pursuant to this section that shall incorporate the review committee’s revisions. Nothing in this section shall be construed as exempting the regulations from the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (2) The department shall not adopt regulations to incorporate any review committee revisions that were disapproved under subdivision (e). (Amended by Stats. 2014, Ch. 570, Sec. 2. (AB 2425) Effective January 1, 2015.)
  73. 100725.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Licensing of Laboratories [100700 - 100775] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. )

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    The department must enforce this chapter and the department’s regulations on or after January 1, 1971.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Licensing of Laboratories [100700 - 100775] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100725. On or after January 1, 1971, the department shall enforce this chapter and regulations adopted by the department. (Amended by Stats. 1996, Ch. 1023, Sec. 301.5. Effective September 29, 1996.)
  74. 100775.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Licensing of Laboratories [100700 - 100775] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. )

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    A law enforcement agency in possession of breath alcohol test ampoules may destroy them, and their contents, one year after the breath sample was collected.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Licensing of Laboratories [100700 - 100775] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100775. Any ampoules and their contents employed in a breath alcohol analysis test may be destroyed by the law enforcement agency in possession of them one year after the date of collection of the breath sample. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  75. 100825.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

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    Certain laboratories must get an accreditation certificate to perform regulated analyses of environmental samples or agricultural products.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100825. (a) This article shall be known, and may be cited, as the Environmental Laboratory Accreditation Act. (b) Laboratories that perform analyses on any combination of environmental samples, or raw or processed agricultural products for regulatory purposes shall obtain a certificate of accreditation pursuant to this article. (c) Unless the express language or context requires otherwise, the definitions in this article shall govern the construction of the article. (1) “Accreditation” means the recognition of a laboratory by the state board to conduct analyses of environmental samples for regulatory purposes. (2) “Assessor body” means the organization that actually executes the accreditation process, including receiving and reviewing applications, documents, PT sample results, and onsite assessments. (3) “Certificate” means a document issued by the state board to a laboratory that has received accreditation pursuant to this article. (4) “Department” means the state board. (5) “ELAP” means state accreditation program established under this article. (6) “Environmental samples” means potable and nonpotable surface waters or groundwaters, soils and sediments, hazardous wastes, biological materials, or any other sample designated for regulatory purposes. (7) “Proficiency testing (PT)” is a means of evaluating a laboratory’s performance under controlled conditions relative to a given set of criteria through analysis of unknown samples provided by an external source. (8) “PT sample” means a sample used for proficiency testing. (9) “Regulatory purposes” means a statutory or regulatory requirement of a state board, office, or department, or of a division or program that requires a laboratory certified under this article or of any other state or federal agency that requires a laboratory to be accredited. (10) “Revocation” means the permanent loss of a certificate of accreditation, including all units and fields of accreditation for state accreditation and all fields of accreditation for TNI accreditation. (11) “State accreditation” means accreditation of a laboratory, that has met the requirements of this article and regulations adopted by the state board pursuant to this article. (12) “State board” means the State Water Resources Control Board. (13) “Suspension” means the temporary loss of a certificate of accreditation or a unit or field of accreditation. (14) “TNI” means The NELAC Institute, a nonprofit corporation created to combine the functions of the National Environmental Laboratory Accreditation Conference and the Institute for National Environmental Laboratory Accreditation. (15) “TNI accreditation” means the accreditation of a laboratory that has met the requirements of TNI standards, and the requirements of this article. (16) “TNI accredited laboratory” means a laboratory that has met the standards of TNI and has been accredited by a primary or secondary TNI-recognized accrediting body. (17) “TNI-recognized accrediting body” means a state agency that is authorized by TNI to accredit laboratories. (18) “TNI-recognized primary accrediting authority” means a state agency that is responsible for the accreditation of environmental laboratories within that state or that performs the primary accreditation of a lab from a non-TNI state or where the laboratory’s home state does not offer accreditation in a given field of accreditation. (19) “TNI-recognized secondary accrediting authority” means a state agency that is authorized by TNI to accredit environmental laboratories within that state that have been accredited by a TNI-approved accrediting authority in another state. (20) “TNI standards” means the laboratory standards adopted by TNI. (Amended by Stats. 2017, Ch. 327, Sec. 1. (AB 1438) Effective January 1, 2018.)
  76. 100827.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

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    A state-board-accredited laboratory must report contaminant and pollutant results to the submitting person or entity, and must report drinking water analysis results to the state board as required by the board.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100827. (a) A laboratory accredited by the state board shall report, in a timely fashion and in accordance with the request for analysis, the full and complete results of all detected contaminants and pollutants to the person or entity that submitted the material for testing. The state board may adopt regulations to establish reporting requirements for this section. (b) A laboratory accredited by the state board shall report the results of each drinking water analysis the laboratory conducts to the state board in the form or format and at intervals specified by the state board. (Amended by Stats. 2019, Ch. 120, Sec. 3. (SB 200) Effective July 24, 2019.)
  77. 100829.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

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    The State Water Resources Control Board may regulate environmental laboratory accreditation and must set, review, and adjust related fees under this section.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100829. The State Water Resources Control Board may do all of the following related to accrediting environmental laboratories in the state: (a) Offer both state accreditation and TNI accreditation, which shall be considered equivalent for regulatory activities covered by this article. (b) Adopt regulations to establish the accreditation procedures for both types of accreditation. (c) Retain exclusive authority to grant TNI accreditation. (d) Accept certificates of accreditation from laboratories that have been accredited by other TNI-recognized accrediting authorities. (e) Adopt regulations to establish procedures for recognizing the accreditation of laboratories located outside California for activities regulated under this article. (f) (1) Adopt a schedule of fees to recover costs incurred for the accreditation of environmental laboratories. Consistent with Section 3 of Article XIII A of the California Constitution, the state board shall set the fees under this section in an amount sufficient to recover all reasonable regulatory costs incurred for the purposes of this article. (2) The state board shall set the amount of total revenue collected each year through the fee schedule at an amount equal to the amount appropriated by the Legislature in the annual Budget Act from the Environmental Laboratory Improvement Fund for expenditure for the administration of this article, taking into account the reserves in the Environmental Laboratory Improvement Fund. The state board shall review and revise the fees each fiscal year as necessary to conform with the amounts appropriated by the Legislature. If the state board determines that the revenue collected during the preceding year was greater than, or less than, the amounts appropriated by the Legislature, the state board may further adjust the fees to compensate for the over or under collection of revenue. (3) The state board shall adopt the schedule of fees by emergency regulation. The emergency regulations may include provisions concerning the administration and collection of the fees. Any emergency regulations adopted pursuant to this section, any amendment to those regulations, or subsequent adjustments to the annual fees, shall be adopted by the state board in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any emergency regulations adopted by the state board, or adjustments to the annual fees made by the state board pursuant to this section, are not subject to review by the Office of Administrative Law and remain in effect until revised by the state board. (4) Fees shall be set for the two types of accreditation provided for in subdivision (a), including application fees. (5) Programs operated under this article shall be fully fee-supported. (Amended by Stats. 2017, Ch. 327, Sec. 2. (AB 1438) Effective January 1, 2018.)
  78. 100830.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

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    The department may adopt regulations about accreditation requirements and the conditions for issuing, denying, renewing, or suspending certificates of accreditation.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100830. The department may do all of the following: (a) Adopt regulations establishing requirements for both types of accreditation. The regulations shall include, but not be limited to, all of the following: (1) Laboratory personnel. (2) Quality assurance procedures. (3) Laboratory equipment. (4) Facilities. (5) Standard operating procedures. (6) Proficiency testing. (7) Onsite assessments. (8) Recordkeeping. (9) Units and fields of accreditation. (b) Adopt regulations establishing conditions under which the department may issue, deny, renew, or suspend a certificate of accreditation for individual units or fields. Suspension and denial of units or fields of accreditation shall be based on a laboratory’s failure to comply with this article and regulations adopted thereunder. (Repealed and added by Stats. 2005, Ch. 406, Sec. 6. Effective January 1, 2006.)
  79. 100832.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

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    Department regulations under this article stay in effect until the department repeals or amends them under the Administrative Procedure Act.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100832. All regulations adopted by the department pursuant to this article, as they read immediately preceding January 1, 2006, shall remain in full force and effect until repealed or amended by the department in accordance with the rulemaking provisions of the Administrative Procedure Act, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Repealed and added by Stats. 2005, Ch. 406, Sec. 9. Effective January 1, 2006.)
  80. 100837.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

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    The state board may contract with approved third-party laboratory assessor bodies if it follows criteria developed by TNI or a federal agency.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100837. The state board may contract with approved third-party laboratory assessor bodies in accordance with the criteria developed by the TNI or a federal agency. (Amended by Stats. 2017, Ch. 327, Sec. 3. (AB 1438) Effective January 1, 2018.)
  81. 100840.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

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    A laboratory seeking ELAP certification or TNI accreditation must file an application with the state board on the board’s prescribed forms.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100840. Any laboratory requesting ELAP certification or TNI accreditation under this article shall file with the state board an application on forms prescribed by the state board containing all of the following: (a) The names of the applicant and the laboratory. (b) The location of the laboratory. (c) A list of fields of testing for which the laboratory is seeking certification. (d) Evidence satisfactory to the state board that the applicant has the ability to comply with this article and the regulations adopted under this article. (e) Any other information required by the state board for administration or enforcement of this article or regulations adopted under this article. (Amended by Stats. 2017, Ch. 327, Sec. 4. (AB 1438) Effective January 1, 2018.)
  82. 100845.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    ELAP certificates go to the laboratory owner, expire after 24 months, and must be renewed before expiration.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100845. (a) Each certificate issued pursuant to this article for ELAP certification shall be issued to the owner of the laboratory and shall expire 24 months from the date of issuance. An application for renewal shall be filed with the department prior to the expiration date of the certificate. Failure to make timely application for renewal shall result in expiration of the certificate. (b) A certificate shall be forfeited by operation of law prior to its expiration date when one of the following occurs: (1) The owner sells or otherwise transfers the ownership of the laboratory, except that the certificate shall remain in force 90 calendar days if the department receives written assurance and appropriate documentation within 30 calendar days after the change has occurred that one or more of the conditions in subdivision (c) are met. The department shall accept or reject the assurance in writing within 30 calendar days after it has been received. (2) There is a change in the location of the laboratory (except a mobile laboratory) or structural alteration that may affect adversely the quality of analysis in the fields of testing for which the laboratory has been certified or is seeking certification, without written notification to the department within 30 calendar days. (3) The certificate holder surrenders the certificate to the department. (c) Upon change of ownership of a laboratory, the department may extend a certificate to the expiration date of the original certificate upon written assurance by the new owner that the operation of the laboratory will continue so as not to adversely affect the conditions regulated by this article. (d) The department shall be notified in writing within 30 calendar days whenever there is a change of director or other person in charge of a laboratory certified under this article. The notification shall include documentation of the qualifications of the new director or other person in charge of the laboratory. (Amended by Stats. 2002, Ch. 215, Sec. 4. Effective January 1, 2003.)
  83. 100847.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

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    TNI accredited laboratories have 12-month accreditation periods and must renew before expiration, report certain changes within 30 days, display accreditation information, and not use accreditation to imply endorsement.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100847. (a) The period of accreditation for TNI accredited laboratories shall be 12 months. An application for renewal shall be filed with the state board prior to the expiration date of the accreditation. Failure to make timely application for renewal shall result in expiration of the accreditation. (b) The accrediting authority shall be notified in writing within 30 calendar days of the sale or other transfer of ownership of a TNI accredited laboratory. (c) The accrediting authority shall be notified in writing within 30 calendar days of the change in location of a TNI accredited laboratory, other than a mobile laboratory. (d) The accrediting authority shall be notified within 30 calendar days whenever there is a change of laboratory director, or other individual in charge of the laboratory. (e) TNI accredited laboratories shall conspicuously display their most recent TNI accreditation certificate or their accreditation fields of testing, or both, in a permanent place in their laboratory. (f) TNI accredited laboratories shall not use their TNI accreditation document or their accreditation status to imply any endorsement by the accrediting authority. (Amended by Stats. 2017, Ch. 327, Sec. 5. (AB 1438) Effective January 1, 2018.)
  84. 100850.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

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    The state board must issue certification or accreditation when an application is filed and full compliance is found, and may issue interim certification while an onsite assessment is still pending.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100850. (a) Upon the filing of an application for ELAP certification or TNI accreditation and after a finding by the state board that there is full compliance with this article and regulations adopted under this article, the state board shall issue to the owner certification or accreditation in the fields of testing for which the laboratory is seeking certification and with respect to which the state board has determined there is full compliance. (b) The state board shall deny or revoke a certificate if it finds any of the following: (1) The laboratory fails to report acceptable results in the analysis of proficiency testing samples. (2) The laboratory fails to analyze proficiency testing samples. (3) The laboratory submits, as its own, proficiency testing sample results generated by another laboratory. (4) The laboratory fails to pass an onsite assessment. (5) The laboratory is not in compliance with any other provision of this article or regulations adopted under this article. (c) Upon the filing of a complete application for certification or accreditation pursuant to subdivision (a) and Section 100870, the state board may issue to a laboratory interim certification or accreditation pending the completion of onsite assessment. Interim certification and accreditation shall be nonrenewable and shall remain in effect until certification and accreditation is either granted under subdivision (a) or denied under subdivision (b), but not later than one year after the date of issuance. (Amended by Stats. 2017, Ch. 327, Sec. 6. (AB 1438) Effective January 1, 2018.)
  85. 100851.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

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    This section requires accrediting bodies to deny, suspend, or revoke TNI laboratory accreditation when specified compliance failures occur, and it limits how suspension affects a laboratory’s right to keep compliant accreditation areas and to avoid reapplying if corrected within six months.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100851. (a) An application for TNI accreditation or renewal of TNI accreditation shall be denied by the accrediting body for any of the following reasons: (1) Failure to submit all information necessary to determine the laboratory’s eligibility for its accreditation or continued compliance with this section or regulations adopted thereunder. (2) Failure of the laboratory staff to meet TNI standards for personnel requirements. These qualifications may include education, training, and experience requirements. (3) Failure to successfully analyze and report proficiency testing samples. (4) Failure to respond to a deficiency report from the onsite assessment with a corrective action report within 30 calendar days of the receipt of the report. (5) Failure to implement the corrective actions detailed in the corrective action report within the specified amount of time. (6) Misrepresentation of any material fact pertinent to receiving or maintaining TNI accreditation. (b) The TNI-recognized accrediting body may suspend the accreditation of a TNI-accredited laboratory, in whole or in part, for failure to correct the deficiencies, within a specified amount of time, as identified in the onsite assessment. The laboratory shall retain those areas of accreditation where it continues to meet the requirements of the accrediting body. A suspended TNI-accredited laboratory shall not be required to reapply for accreditation if the causes for suspension are corrected within six months. (c) The TNI-approved accrediting body shall suspend a TNI accreditation, in whole or in part for the following reasons: (1) Failure to complete proficiency testing studies. (2) Failure to maintain a history of at least two successful, out of the most recent three, proficiency testing studies for each affected accreditation field of testing, subgroup, or analyte for which the laboratory is accredited. (3) Failure to successfully analyze and report proficiency testing sample results pursuant to TNI standards. (4) Failure to submit an acceptable corrective action report in response to a deficiency report and failure to implement corrective action related to deficiencies found during laboratory assessments within the required time period, as required by the TNI standards. (5) Failure to notify the accrediting body of any changes in key accreditation criteria, as required by TNI standards. (6) Failure to perform all accredited tests in accordance with TNI standards. (7) Failure to meet all applicable quality system requirements in TNI standards. (d) A suspended laboratory shall not be required to reapply for TNI accreditation if the causes for suspension are corrected within six months. A suspended laboratory shall not continue to analyze samples for the affected fields of testing for which it holds accreditation. A suspended laboratory shall remain suspended without a right to appeal if the suspension is caused by unacceptable proficiency testing sample results. (e) If a laboratory is unable to correct the reason for suspension, the laboratory’s accreditation shall be revoked in whole or in part. (f) A laboratory’s accreditation shall not be suspended without the right to due process, as set forth in TNI standards. (Amended by Stats. 2018, Ch. 92, Sec. 146. (SB 1289) Effective January 1, 2019.)
  86. 100852.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

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    The state board may certify qualifying laboratories, must accept certain mandated performance-based methods, may charge a review fee, and does not have to follow Chapter 3.5 procedures to issue the certificate.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100852. (a) Notwithstanding any other law, the state board may issue a certificate to the owner of a laboratory in a field of testing or method adopted by the federal Environmental Protection Agency pursuant to Part 136 of Title 40 of the Code of Federal Regulations, as amended September 11, 1992, as published in the Federal Register (57 FR 41830), or Part 141 of Title 40 of the Code of Federal Regulations, as amended July 17, 1992, as published in the Federal Register (57 FR 31776), and as subsequently amended and published in the Code of Federal Regulations. (b) As a TNI-recognized accrediting body, the state board shall accept performance-based measurement system methods, when mandated methods are indicated. A fee, as specified in regulations adopted by the state board, may be charged for the review of each performance-based measurement system method. (c) Notwithstanding any other law, the state board shall not be required to meet the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code in order to issue a certificate pursuant to subdivision (a). (Amended by Stats. 2018, Ch. 92, Sec. 147. (SB 1289) Effective January 1, 2019.)
  87. 100855.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

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    If an ELAP certification or TNI accreditation application is denied, the state board must immediately notify the applicant or organization by certified mail and explain the reasons. A laboratory owner may seek reconsideration under Section 116701.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100855. Upon the denial of an application for ELAP certification or TNI accreditation, the state board shall immediately notify the applicant or organization by certified mail, return receipt requested, of the action and the reasons for the action. The owner of a laboratory may petition for reconsideration under Section 116701. (Repealed and added by Stats. 2017, Ch. 327, Sec. 10. (AB 1438) Effective January 1, 2018.)
  88. 100860.1.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

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    Laboratories must pay ELAP certification fees when applying and each year after certification, and they must also pay the proficiency testing provider directly for testing costs. Certain government-owned reference laboratories are exempt from the fee payment.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100860.1. (a) At the time of application for ELAP certification and annually thereafter, from the date of the issuance of the certificate, a laboratory shall pay an ELAP certification fee, according to the fee schedule established by the State Water Resources Control Board pursuant to Section 100829. (b) State and local government-owned laboratories in California performing work only in a reference capacity as a reference laboratory are exempt from the payment of the fees prescribed pursuant to Section 100829. (c) In addition to the payment of fees authorized by Section 100829, laboratories certified or applying for certification shall pay directly to the designated proficiency testing provider the cost of the proficiency testing study. (d) For the purpose of this section, a reference laboratory is a laboratory owned and operated by a governmental regulatory agency for the principal purpose of analyzing samples referred by another governmental regulatory agency or another laboratory for confirmatory analysis. (Amended by Stats. 2016, Ch. 340, Sec. 26. (SB 839) Effective September 13, 2016.)
  89. 100862.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

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    Laboratories must pay a TNI accreditation fee when applying and every year after accreditation is issued, and accredited or applying laboratories must also pay the cost of proficiency testing studies directly to the designated provider.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100862. (a) At the time of application for TNI accreditation and annually thereafter, from the date of the issuance of the accreditation, a laboratory shall pay a TNI accreditation fee, according to the fee schedule established by the state board pursuant to Section 100829. (b) In addition to the payment of fees authorized by Section 100829, laboratories accredited or applying for accreditation shall pay directly to the designated proficiency testing provider the cost of the proficiency testing studies. (Amended by Stats. 2017, Ch. 327, Sec. 11. (AB 1438) Effective January 1, 2018.)
  90. 100863.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

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    The department must appoint a multidisciplinary committee for environmental laboratory accreditation or certification matters, and committee members serve without compensation.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100863. The department shall appoint a multidisciplinary committee to assist, advise, and make recommendations regarding technical, scientific, and administrative matters concerning the accreditation or certification of environmental laboratories. Appointments to the committee shall be made from lists of nominees solicited by the department, and shall provide adequate representation of interested parties and environmental laboratories subject to this chapter. Subcommittees of the committee may be appointed consisting of committee members and other persons having particular knowledge of a subject area, for the purpose of assisting the department on special problems and making recommendations to the committee for consideration in the establishment of rules and regulations. The department shall determine the terms of office of appointees to the committee and any subcommittee. Members of the committee and of any subcommittee shall serve without compensation and shall pay their own expenses incurred as a result of attending meetings or engaging in any other activity pursuant to this section. (Added by Stats. 1999, Ch. 372, Sec. 16. Effective January 1, 2000.)
  91. 100865.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

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    State board representatives may inspect ELAP/TNI laboratories and records, and laboratories or owners must cooperate with requests; blocking access can be a misdemeanor or lead to denial or revocation.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100865. (a) In order to carry out the purpose of this article, any duly authorized representative of the state board may do the following: (1) Enter and inspect a laboratory that is ELAP certified or TNI accredited pursuant to this article or that has applied for ELAP certification or TNI accreditation. (2) Inspect and photograph any portion of the laboratory, equipment, any activity, or any samples taken, or copy and photograph any records, reports, test results, or other information related solely to certification under this article or regulations adopted pursuant to this article. (3) Require an owner of a laboratory to provide, within 15 days of receiving a request from a duly authorized representative of the state board, reports, test results, and other information required to implement this article, including, but not limited to, applicable standard operating procedures, quality control or quality assurance manuals, quality control or quality assurance data, employee qualifications, training records, or information relating to accreditation with another state or agency. The state board may require a laboratory to conduct proficiency testing in any of the laboratory’s accredited fields of testing. (b) It shall be a misdemeanor for any person to prevent, interfere with, or attempt to impede in any way, any duly authorized representative of the state board from undertaking the activities authorized by this section. (c) If a laboratory that is seeking ELAP certification, TNI accreditation, ELAP recertification, or TNI reaccreditation refuses entry of a duly authorized representative during normal business hours for either an announced or unannounced onsite assessment, the certification, accreditation, recertification, or reaccreditation shall be denied or revoked. (d) Refusal of a request by a TNI approved accrediting authority, the state board, or any employee, agent, or contractor of the state board, for permission to inspect, pursuant to this section, the laboratory and its operations and pertinent records during the hours the laboratory is in operation shall result in denial or revocation of ELAP certification or TNI accreditation. (Amended by Stats. 2017, Ch. 327, Sec. 12. (AB 1438) Effective January 1, 2018.)
  92. 100870.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

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    This section requires certain laboratories to perform proficiency testing, follow approved testing methods, obtain samples from TNI-compliant providers, and let results be sent to the state board.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100870. (a) Any laboratory that is ELAP certified or holds TNI accreditation or has applied for ELAP certification or TNI accreditation or for renewal of ELAP certification or TNI accreditation under this article shall analyze proficiency testing samples, if these testing samples are available. The state board shall have the authority to contract with third parties for the provision of proficiency testing samples for those laboratories that hold or are applying for ELAP certification. The samples shall be tested by the laboratory according to methods specifically approved for this purpose by the United States government or the state board, or alternate methods of demonstrated adequacy or equivalence, as determined by the state board. Proficiency testing sample sets shall be provided, when available, not less than twice, nor more than four times, a year to each certified laboratory that performs analyses of food for pesticide residues. (b) (1) The state board may provide, directly or indirectly, proficiency testing samples to a laboratory for the purpose of determining compliance with this article with or without identifying the state board. (2) When the state board identifies itself, all of the following shall apply: (A) The results of the testing shall be submitted to the state board on forms provided by the state board on or before the date specified by the state board, and shall be used in determining the competency of the laboratory. (B) There shall be no charge to the state board for the analysis. (3) When the state board does not identify itself, the state board shall pay the price requested by the laboratory for the analyses. (c) If a certified or TNI accredited laboratory submits proficiency testing sample results generated by another laboratory as its own, the certification or TNI accreditation shall be immediately revoked. (d) Laboratories shall obtain their proficiency testing samples from proficiency testing sample providers that meet TNI standards. Laboratories shall bear the cost of any proficiency testing study fee charged for participation. Each laboratory shall authorize the providers of proficiency testing samples to release the report of the study results directly to the state board, as well as to the laboratory. (Amended by Stats. 2017, Ch. 327, Sec. 13. (AB 1438) Effective January 1, 2018.)
  93. 100872.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    Certain ELAP-certified and TNI-accredited laboratories must meet proficiency testing requirements, including annual testing where applicable, and must stop analyzing suspended fields or subgroups.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100872. (a) An ELAP certified laboratory shall successfully analyze proficiency testing samples for those fields of testing for which they are certified, not less than once a year, where applicable. Proficiency testing procedures shall be approved by the United States government or by the state board. (b) A TNI accredited laboratory shall participate in, and meet the success rate for, proficiency testing studies as required in the TNI standards. (c) The ELAP certified or TNI accredited laboratory shall discontinue the analyses of samples for the fields of testing or subgroups which have been suspended for failure to comply with the proficiency testing requirements in this section. (Amended by Stats. 2017, Ch. 327, Sec. 14. (AB 1438) Effective January 1, 2018.)
  94. 100875.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

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    The state board may order a laboratory to comply immediately or on a schedule if it finds a violation, and the laboratory owner may seek reconsideration.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100875. Whenever the state board determines that any laboratory has violated or is violating this article or any certificate, regulation, or standard issued or adopted pursuant to this article, any officer or employee of the state board delegated such authority may issue an order directing compliance forthwith or directing compliance in accordance with a time schedule set by the state board. The owner of a laboratory issued an order under this section may petition for reconsideration under Section 116701. (Amended by Stats. 2017, Ch. 327, Sec. 15. (AB 1438) Effective January 1, 2018.)
  95. 100880.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

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    The state board may issue citations against laboratory owners for violations and may assess daily civil penalties if violations are not corrected on time.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100880. If the state board determines that a laboratory is in violation of this article or any regulation or order issued or adopted pursuant to this article, the state board may, in addition to suspension, denial, or revocation of the certificate or TNI accreditation, issue a citation to the owner of the laboratory. It shall be the function of the recognized accrediting authority to issue citations. The Legislature finds and declares that since TNI is a standard setting body, it cannot, as such, enforce civil or criminal penalties. (a) The citation shall be served personally or by registered mail. (b) Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the statutory provision, order, or regulation alleged to have been violated. (c) The citation shall fix the earliest feasible time for elimination or correction of the condition constituting the violation. (d) Citations issued pursuant to this section shall specify a civil penalty for each violation, not to exceed one thousand dollars ($1,000), for each day that the violation occurred. (e) If the owner fails to correct a violation within the time specified in the citation, the state board may assess a civil penalty as follows: (1) For failure to comply with any citation issued for a violation of this article or a regulation, an amount not to exceed two hundred fifty dollars ($250) for each day that the violation continues beyond the date specified for correction in the citation. (2) For failure to comply with any citation issued for violation of any state board-issued order, an amount not to exceed two hundred dollars ($200) for each day the violation continues beyond the date specified for correction in the citation. (f) The owner of a laboratory issued a citation under this section or assessed a penalty under subdivision (e) may petition for reconsideration under Section 116701. (Amended by Stats. 2017, Ch. 327, Sec. 16. (AB 1438) Effective January 1, 2018.)
  96. 100885.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

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    A person running a laboratory work that needs certification or TNI accreditation can be enjoined if not certified or accredited; the state board may also seek court orders to stop violations or require compliance.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100885. (a) Any person who operates a laboratory that performs work that requires certification or TNI accreditation under Section 25198, 25298.5, 78510, 110490, or 116390 of this code, or Section 13176 of the Water Code, who is not certified or TNI accredited to do so, may be enjoined from so doing by any court of competent jurisdiction upon suit by the state board. (b) When the state board determines that any person has engaged in, or is engaged in, any act or practice that constitutes a violation of this article, or any regulation or order issued or adopted thereunder, the state board may bring an action in the superior court for an order enjoining these practices or for an order directing compliance and affording any further relief that may be required to ensure compliance with this article. (Amended by Stats. 2022, Ch. 258, Sec. 108. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  97. 100886.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

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    Laboratories covered by this section must give the full and complete results of detected contamination and pollutants to the person or entity that submitted the material for testing.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100886. Any person who operates a laboratory for the purposes specified in Section 25198, 25298.5, 78510, or 116390 of this code, or Section 13176 of the Water Code, shall report the full and complete results of all detected contamination and pollutants to the person or entity that submitted the material for testing. (Amended by Stats. 2022, Ch. 258, Sec. 109. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  98. 100890.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

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    This section makes certain laboratory-related false statements, uncertified operation, and false certification advertising subject to civil penalties.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100890. (a) Any person who knowingly makes any false statement or representation in any application, record, or other document submitted, maintained, or used for purposes of compliance with this article, may be liable, as determined by the court, for a civil penalty not to exceed five thousand dollars ($5,000) for each separate violation or, for continuing violations, for each day that violation continues. (b) Any person who operates a laboratory for purposes specified pursuant to Section 25198, 25298.5, 78510, 110490, or 116390 of this code, or Section 13176 of the Water Code that requires certification, who is not certified by the department pursuant to this article, may be liable, as determined by the court, for a civil penalty not to exceed five thousand dollars ($5,000) for each separate violation or, for continuing violations, for each day that violation continues. (c) A laboratory that advertises or holds itself out to the public or its clients as having been certified for any field of testing without having a valid and current certificate in each field of testing identified by the advertisement or other representation may be liable, as determined by the court, for a civil penalty not to exceed one thousand dollars ($1,000) or, for continuing violations, for each day that violation continues. (d) Each civil penalty imposed for any separate violation pursuant to this section shall be separate and in addition to any other civil penalty imposed pursuant to this section or any other provision of law. (Amended by Stats. 2022, Ch. 258, Sec. 110. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  99. 100895.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

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    This section punishes knowing false statements, concealed or destroyed required records, and withholding required danger information, and requires certified/accredited laboratories to stop using certification references, return certificates, and stop testing if certification is suspended or withdrawn.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100895. (a) Any person who knowingly does any of the following acts may, upon conviction, be punished by a fine of not more than twenty-five thousand dollars ($25,000) for each day of violation, by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment: (1) Makes any false statement or representation in any application, record, report, or other document submitted, maintained, or used for the purposes of compliance with this article. (2) Has in his or her possession any record required to be maintained pursuant to this article that has been altered or concealed. (3) Destroys, alters, or conceals any record required to be maintained pursuant to this article. (4) Withholds information regarding an imminent and substantial danger to the public health or safety when the information has been requested by the state board in writing and is required to carry out the state board’s responsibilities pursuant to this article. (b) A second or subsequent violation of subdivision (a) is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16, 20, or 24 months or in a county jail for not more than one year, by a fine of not less than two thousand dollars ($2,000) or more than fifty thousand dollars ($50,000) per day of violation, or by both that imprisonment and fine. (c) An ELAP certified or TNI accredited laboratory, upon suspension, revocation, or withdrawal of its ELAP certification or TNI accreditation, shall do all of the following: (1) Discontinue use of all catalogs, advertising, business solicitations, proposals, quotations, or their materials that contain reference to their past certification or accreditation status. (2) Return its ELAP certificate or its TNI accreditation to the state board. (3) Cease all testing of samples for regulatory purposes. (d) The penalties cited in subdivisions (a) and (b) shall also apply to TNI accredited laboratories. (Amended by Stats. 2017, Ch. 327, Sec. 19. (AB 1438) Effective January 1, 2018.)
  100. 100900.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

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    The article’s remedies are cumulative, and it does not limit other remedies or later relief based on the same facts.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100900. The remedies provided by this article are cumulative and shall not be construed as restricting any remedy, provisional or otherwise, provided by law for the benefit of any party, and no judgment under this article shall preclude any party from obtaining additional relief based upon the same facts. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  101. 100905.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

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    The department may suspend or revoke certificates issued under this article, and it must consider rehabilitation decisions provided by the laboratory owner.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100905. The department may suspend or revoke any certificate issued under of this article for any of the following reasons: (a) Violation by the owner of the laboratory of any of the provisions of this article or any regulation adopted under this article. (b) Aiding, abetting, or permitting the violation of any provision of this article or regulations adopted under this article. (c) Proof that the certificateholder or owner has made false statements in any material regard on the application for certification. (d) Conviction of an owner of the laboratory of any crime that is substantially related to the qualifications or duties of that owner and that is related to the functions of the laboratory. For purposes of this subdivision, a “conviction” means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Action to revoke or suspend the certificate may be taken when: (1) the time for appeal has elapsed, or (2) the judgment of conviction has been affirmed on appeal, or (3) when an order granting probation is made suspending the imposition of sentence, notwithstanding a subsequent order pursuant to Section 1203.4 of the Penal Code permitting withdrawal of a plea of guilty and entry of a plea of not guilty, or (4) setting aside a verdict of guilty, or (5) dismissing the accusation, information, or indictment. The department shall take into account all judicial decisions on rehabilitation furnished by the owner of the laboratory. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  102. 100907.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

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    The state board must revoke a TNI accredited laboratory’s accreditation for listed compliance failures, and may revoke it for unpaid accreditation fees.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100907. (a) The state board shall revoke, in whole or in part, the accreditation of a TNI accredited laboratory for either of the following reasons: (1) Failure to submit an acceptable corrective action report in response to a deficiency report, and failure to implement corrective action related to any deficiencies found during a laboratory assessment. The laboratory may submit two corrective actions within the time limits specified by the accrediting authority. (2) Failure to successfully analyze and report proficiency testing sample results pursuant to TNI standards. (b) The state board shall revoke, in whole, the accreditation of a TNI accredited laboratory for any of the following reasons: (1) Failure to respond with a corrective action report within the required 30-day period. (2) Failure to participate in the proficiency testing program, as required by TNI standards. (3) Submittal of proficiency test sample results generated by another laboratory as its own. (4) Misrepresentation of any material fact pertinent to receiving or maintaining accreditation. (5) Denial of entry during normal business hours for an onsite assessment, as required by TNI standards. (6) Conviction of charges for the falsification of any report of, or that relates to, a laboratory analysis. (c) The state board may also revoke, in whole, a laboratory’s accreditation for failure to remit the accreditation fees within the time limit established by the accrediting authority. (d) After correcting the reason or reasons for revocation, the TNI accredited laboratory may reapply for accreditation no sooner than six months from the official date of revocation. (e) A laboratory’s TNI accreditation shall not be revoked without the right to due process, in accordance with Section 100910. (Amended by Stats. 2017, Ch. 327, Sec. 20. (AB 1438) Effective January 1, 2018.)
  103. 100910.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

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    The state board may suspend or revoke certain laboratory certifications or accreditations after notice and an opportunity for hearing.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100910. (a) The state board, after providing notice to the owner of the laboratory and opportunity for a hearing, may suspend or revoke an ELAP certification or TNI accreditation issued pursuant to this article. The notice shall inform the owner of the laboratory that the owner may request a hearing not later than 20 days from the date on which the notice is received, and shall contain a statement of facts and information that show a basis for the suspension or revocation. If the owner submits a timely request for a hearing, the hearing shall be before the state board or a member of the state board, in accordance with Section 183 of the Water Code and the rules for adjudicative proceedings adopted under Section 185 of the Water Code. If the owner does not submit a timely request for a hearing, the state board may suspend or revoke the permit without a hearing. (b) If the certification or accreditation at issue has been temporarily suspended pursuant to Section 100915, the notice shall be provided within 15 days of the effective date of the temporary suspension order. The hearing shall be commenced as soon as practicable, but no later than 60 days after the effective date of the temporary suspension order, unless the owner requests an extension of the 60-day period. (Repealed and added by Stats. 2017, Ch. 327, Sec. 22. (AB 1438) Effective January 1, 2018.)
  104. 100915.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

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    The state board may temporarily suspend ELAP certification or TNI accreditation to protect the public, must notify the owner, and the owner may request a hearing within 20 days of receiving notice.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100915. (a) (1) The state board may temporarily suspend, in whole or in part, ELAP certification or TNI accreditation prior to any hearing, when it has determined that this action is necessary to protect the public. The state board shall notify the owner of the temporary suspension and the effective date of the suspension. The notice shall inform the owner of the laboratory that the owner may request a hearing not later than 20 days from the date on which the notice is received, and shall contain a statement of facts and information that show a basis for the suspension. (2) (A) If the owner submits a timely request for a hearing, the hearing shall be commenced as soon as possible but no later than 30 calendar days after receipt of the notice or 15 calendar days after the request for a hearing is submitted, whichever is later, unless the owner requests a later date for the hearing. The hearing shall deal only with the issue of whether the temporary suspension shall remain in place pending a hearing under Section 100910. (B) The hearing shall be conducted under the rules for adjudicative proceedings adopted by the state board under Section 185 of the Water Code. (C) The temporary suspension shall remain in effect until the hearing is completed and the state board has made a final determination on the merits under Section 100910. However, the temporary suspension shall be deemed vacated if the state board fails to make a final determination on the merits within 60 calendar days after the hearing under Section 100910 has been completed. Vacation of the temporary suspension does not deprive the state board of jurisdiction to proceed with a hearing on the merits under Section 100910. (b) During the suspension, the laboratory shall discontinue the analysis of samples for the fields of testing specified in the notice. (Repealed and added by Stats. 2017, Ch. 327, Sec. 24. (AB 1438) Effective January 1, 2018.)
  105. 100920.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

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    Fees and civil penalties collected under this article must be deposited into the Environmental Laboratory Improvement Fund, and the department may spend fund money for this article’s purposes only if the Legislature appropriates it.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100920. Fees and civil penalties collected under this article shall be deposited in the Environmental Laboratory Improvement Fund, that is hereby created. Moneys in the fund shall be available for expenditure by the department for the purposes of this article, upon appropriation by the Legislature. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  106. 100920.5.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

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    An aggrieved party may seek writ review in superior court within 30 days after service of the board’s decision or order, and if no petition is filed in time, the decision is not reviewable by any court.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Environmental Laboratories [100825 - 100920.5] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100920.5. (a) Within 30 days after service of a copy of a decision or order issued by the state board under this chapter, an aggrieved party may file with the superior court a petition for a writ of mandate for review of the order. (b) Except as otherwise provided in this section, subdivisions (e) and (f) of Section 1094.5 of the Code of Civil Procedure shall govern proceedings pursuant to this section. For the purposes of subdivision (c) of Section 1094.5 of the Code of Civil Procedure, the court shall uphold the findings of the state board if those findings are supported by substantial evidence in light of the whole record. (c) If no aggrieved party petitions for a writ of mandate within the time provided by this section, the decision or order of the state board is not subject to review by any court. (Added by Stats. 2017, Ch. 327, Sec. 25. (AB 1438) Effective January 1, 2018.)
  107. 100921.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 4. Freestanding Cardiac Catheterization Laboratories [100921 - 100922] ( Article 4 heading added by Stats. 1996, Ch. 1023, Sec. 301.8. )

    Verify source ↗

    The section says the Legislature found a pilot program showed freestanding cardiac catheterization laboratories could safely provide diagnostic procedures outside hospitals, and it expresses an intent that active pilot-program laboratories be licensed.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 4. Freestanding Cardiac Catheterization Laboratories [100921 - 100922] ( Article 4 heading added by Stats. 1996, Ch. 1023, Sec. 301.8. ) ## 100921. The Legislature finds and declares that: (a) A pilot program was established by the Office of Statewide Health Planning and Development to test the feasibility of performing high quality, safe diagnostic cardiac catheterization procedures in a freestanding cardiac catheterization laboratory. (b) Evaluation of this pilot program by the office demonstrated that it is feasible to conduct these procedures in nonhospital settings and that these laboratories maintain the quality of the diagnostic procedures while also reducing the cost of care. (c) Based on this evaluation, it is the intent of the Legislature that those freestanding cardiac catheterization laboratories that are in active status in the pilot program be licensed. (Added by renumbering Section 128525 by Stats. 1996, Ch. 1023, Sec. 368. Effective September 29, 1996.)
  108. 100922.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 4. Freestanding Cardiac Catheterization Laboratories [100921 - 100922] ( Article 4 heading added by Stats. 1996, Ch. 1023, Sec. 301.8. )

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    Certain freestanding cardiac catheterization laboratories may be licensed if they meet this section’s requirements, and licensed laboratories must follow fee, evaluation, procedure, patient, and compliance rules.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100 - 100922] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Regulation of Laboratory Services [100700 - 100922] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 4. Freestanding Cardiac Catheterization Laboratories [100921 - 100922] ( Article 4 heading added by Stats. 1996, Ch. 1023, Sec. 301.8. ) ## 100922. (a) Notwithstanding any other provision of law, a freestanding cardiac catheterization laboratory that as of December 31, 1993, was in active status in the Health Care Pilot Project established pursuant to former Part 1.85 (commencing with Section 444) of Division 1, and that meets the requirements specified in this section, may be licensed by the State Department of Public Health as a freestanding cardiac catheterization laboratory. The license shall be subject to suspension or revocation, or both, in accordance with Article 5 (commencing with Section 1240) of Chapter 1 of Division 2. An application for licensure or annual renewal shall be accompanied by a Licensing and Certification Program fee set in accordance with Section 1266. (b) A laboratory granted a license pursuant to this section shall be subject to the department’s regulations that govern cardiac catheterization laboratories operating in hospitals without facilities for cardiac surgery, any similar regulations that may be developed by the department specifically to govern freestanding cardiac catheterization laboratories, and to the following regulations: subdivisions (a) and (d) of Section 70129 of; paragraphs (1), (2), (3), and (4) of subdivision (a) of, and subdivision (i) of Section 70433 of; paragraphs (1), (3), (4), and (5) of subdivision (a) of Section 70435 of; subparagraphs (A), (B), and (D) of paragraph (1) of, and paragraphs (5) and (7) of, subdivision (b) of Section 70437 of; subdivision (a) of Section 70439 of; Sections 70841, 75021, and 75022 of; subdivision (a) of Section 75023 of; Sections 75024, 75025, and 75026 of; subdivisions (a), (b), and (c) of Section 75027 of; subdivision (b) of Section 75029 of; Section 75030 of; subdivision (b) of Section 75031 of; Sections 75034, 75035, 75037, 75039, 75045, and 75046 of; subdivision (a) of Section 75047 of; and Sections 75050, 75051, 75052, 75053, 75054, 75055, 75057, 75059, 75060, 75061, 75062, 75063, 75064, 75065, 75066, 75071, and 75072 of; Title 22 of the California Code of Regulations. (c) A laboratory granted a license pursuant to this section shall have a system for the ongoing evaluation of its operations and the services it provides. This system shall include a written plan for evaluating the efficiency and effectiveness of the health care services provided that describes the following: (1) The scope of the services provided. (2) Measurement indicators regarding the processes and outcomes of the services provided. (3) The assignment of responsibility when the data from the measurement indicators demonstrates the need for action. (4) A mechanism to ensure followup evaluation of the effectiveness of the actions taken. (5) An annual evaluation of the plan. (d) A laboratory granted a license pursuant to this section is authorized to perform only the following diagnostic procedures: (1) Right heart catheterization or angiography, or both. (2) Left heart catheterization or angiography, or both. (3) Coronary catheterization and angiography. (4) Electrophysiology studies. (e) A laboratory granted a license pursuant to this section shall only perform its procedures on adults, on an outpatient basis. Each laboratory shall define patient characteristics that are appropriate for safe performance of procedures in the laboratory, and include evaluation of these criteria in its quality assurance process. (f) Notwithstanding the requirements already set forth in this chapter, freestanding cardiac catheterization laboratories shall comply with all other applicable federal, state, and local laws. (g) This section shall become operative on January 1, 1995, and does not require the department to adopt regulations. (Amended by Stats. 2007, Ch. 483, Sec. 20. Effective January 1, 2008.)
  109. 100925.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 2. CALIFORNIA CONFERENCE OF LOCAL HEALTH OFFICERS [100925 - 100950] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 1. Organization [100925 - 100930] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 3. )

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    This section creates the California Conference of Local Health Officers and requires the department to consult it on standards; the conference may advise government bodies on health matters and must organize, adopt bylaws, and elect officers every year.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 2. CALIFORNIA CONFERENCE OF LOCAL HEALTH OFFICERS [100925 - 100950] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 1. Organization [100925 - 100930] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100925. There is hereby established a California Conference of Local Health Officers. The department shall consult with the conference in establishing standards as provided in this part and may consult on other matters affecting health. The conference may consult with, advise, and make recommendations to the department, other departments, boards, commissions and officials of federal, state, and local government, the Legislature, and any other organization or association on matters affecting health. The conference shall consist of all legally appointed local health officers in the state. It shall organize, adopt bylaws, and shall annually elect officers. Actual and necessary expenses, including any necessary registration fee, incident to attendance at not more than two meetings per year of the conference shall be a legal charge against the local governmental unit. Actual and necessary expenses incident to attendance at special meetings of the committees of the conference called by the director shall be a legal charge against any funds available for administration of this part, Section 100295, Chapter 3 (commencing with Section 101175) of Part 3, and Part 3 (commencing with Section 124300) of Division 106. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  110. 100930.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 2. CALIFORNIA CONFERENCE OF LOCAL HEALTH OFFICERS [100925 - 100950] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 1. Organization [100925 - 100930] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 3. )

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    This section prevents the cited laws and regulations from forcing certain prayer-based practitioners or related covered persons to disclose noncommunicable disease information, and it bars compulsory education, medical examination, or medical treatment.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 2. CALIFORNIA CONFERENCE OF LOCAL HEALTH OFFICERS [100925 - 100950] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 1. Organization [100925 - 100930] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100930. Nothing in this part, Section 100295, Chapter 3 (commencing with Section 101175) of Part 3, and Part 3 (commencing with Section 124300) of Division 106 or in any regulation prescribed by the department in accordance herewith shall compel any practitioner who treats the sick by prayer in the practice of the religion of any well-recognized church, sect, denomination, or organization or any persons covered by Sections 2731 and 2800 of the Business and Professions Code to give any information about a disease or disability that is not infectious, contagious, or communicable or authorize any compulsory education, medical examination, or medical treatment. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  111. 100950.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 2. CALIFORNIA CONFERENCE OF LOCAL HEALTH OFFICERS [100925 - 100950] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers and Duties [100950- 100950.] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. )

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    The department must administer the listed parts of the Health and Safety Code and adopt necessary regulations, after consulting with and obtaining approval from the California Conference of Local Health Officers.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 2. CALIFORNIA CONFERENCE OF LOCAL HEALTH OFFICERS [100925 - 100950] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. General Powers and Duties [100950- 100950.] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 100950. The department shall administer this part, Section 100295, and Chapter 3 (commencing with Section 101175) of Part 3 and shall adopt necessary regulations. These regulations shall be adopted only after consultation with and approval by the California Conference of Local Health Officers. Approval of these regulations shall be by majority vote of those present at an official session. (Amended by Stats. 2012, Ch. 23, Sec. 18. (AB 1467) Effective June 27, 2012.)
  112. 101000.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 1. Organization and Appointment of Health Officers [101000 - 101010] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 3. )

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    Each board of supervisors must appoint a health officer who is a county officer.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 1. Organization and Appointment of Health Officers [101000 - 101010] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101000. Each board of supervisors shall appoint a health officer who is a county officer. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  113. 101005.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 1. Organization and Appointment of Health Officers [101000 - 101010] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 3. )

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    The county health officer must be a graduate of a medical college of good standing and repute, and the board of supervisors determines the officer’s compensation.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 1. Organization and Appointment of Health Officers [101000 - 101010] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101005. The county health officer shall be a graduate of a medical college of good standing and repute. His or her compensation shall be determined by the board of supervisors. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  114. 101010.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 1. Organization and Appointment of Health Officers [101000 - 101010] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 3. )

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    After a health officer is appointed, the board of supervisors must notify the director of the appointment and provide the appointee’s name and address.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 1. Organization and Appointment of Health Officers [101000 - 101010] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101010. Immediately after the appointment of the health officer, the board of supervisors shall notify the director of the appointment and the name and address of the appointee. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  115. 101025.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. County Health Officers [101025 - 101070] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. )

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    Each county board of supervisors must take necessary measures to protect public health in the county’s unincorporated territory.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. County Health Officers [101025 - 101070] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101025. The board of supervisors of each county shall take measures as may be necessary to preserve and protect the public health in the unincorporated territory of the county, including, if indicated, the adoption of ordinances, regulations and orders not in conflict with general laws, and provide for the payment of all expenses incurred in enforcing them. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  116. 101029.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. County Health Officers [101025 - 101070] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. )

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    County sheriffs and peace officers may enforce local health officer orders aimed at preventing contagious disease spread.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. County Health Officers [101025 - 101070] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101029. The sheriff of each county, or city and county, may enforce within the county, or the city and county, all orders of the local health officer issued for the purpose of preventing the spread of any contagious, infectious, or communicable disease. Every peace officer of every political subdivision of the county, or city and county, may enforce within the area subject to his or her jurisdiction all orders of the local health officer issued for the purpose of preventing the spread of any contagious, infectious, or communicable disease. This section is not a limitation on the authority of peace officers or public officers to enforce orders of the local health officer. When deciding whether to request this assistance in enforcement of its orders, the local health officer may consider whether it would be necessary to advise the enforcement agency of any measures that should be taken to prevent infection of the enforcement officers. (Added by Stats. 2005, Ch. 478, Sec. 4. Effective January 1, 2006.)
  117. 101030.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. County Health Officers [101025 - 101070] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The county health officer must enforce and observe certain public health rules and statutes in the county’s unincorporated territory.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. County Health Officers [101025 - 101070] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101030. The county health officer shall enforce and observe in the unincorporated territory of the county, all of the following: (a) Orders and ordinances of the board of supervisors, pertaining to the public health and sanitary matters. (b) Orders, including quarantine and other regulations, prescribed by the department. (c) Statutes relating to public health. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996. Note: See Section 452 (from which this section is derived) as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.)
  118. 101035.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. County Health Officers [101025 - 101070] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The county health officer must advise county pension or retirement system boards on medical matters and attend their meetings when requested.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. County Health Officers [101025 - 101070] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101035. The county health officer shall advise on medical matters any board or body vested with the management of any county pension or retirement system and shall attend the meetings of the board or body when requested by the board or body. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  119. 101040.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. County Health Officers [101025 - 101070] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    A local health officer may take necessary preventive measures to protect public health during certain emergencies, and may certify disaster-related public health hazards if required for disaster relief and approved by the relevant local governing body.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. County Health Officers [101025 - 101070] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101040. (a) The local health officer may take any preventive measure that may be necessary to protect and preserve the public health from any public health hazard during any “state of war emergency,” “state of emergency,” or “local emergency,” as defined by Section 8558 of the Government Code, within his or her jurisdiction. (b) “Preventive measure” means abatement, correction, removal or any other protective step that may be taken against any public health hazard that is caused by a disaster and affects the public health. Funds for these measures may be allowed pursuant to Sections 29127 to 29131, inclusive, and 53021 to 53023, inclusive, of the Government Code and from any other money appropriated by a county board of supervisors or a city governing body to carry out the purposes of this section. (c) The local health officer, upon consent of the county board of supervisors or a city governing body, may certify any public health hazard resulting from any disaster condition if certification is required for any federal or state disaster relief program. (Amended by Stats. 2007, Ch. 483, Sec. 20.4. Effective January 1, 2008.)
  120. 101042.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. County Health Officers [101025 - 101070] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. )

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    When a notified gas pipeline leak in a sensitive area may threaten public health or safety, the local health officer must work with the division and pipeline owner/operator to order testing, public disclosure of results, possible resident assistance, and, if needed, resident notification.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. County Health Officers [101025 - 101070] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101042. (a) If the local health officer or their designee is notified of a leak in an active gas pipeline, that is within the jurisdiction of the Geologic Energy Management Division and within a sensitive area, pursuant to Section 3270.6 of the Public Resources Code and the local health officer or their designee determines that the leak poses a risk to public health or safety and that the response to the leak has been inadequate to protect the public health or safety, the local health officer or their designee shall, working collaboratively with the division and the owner or operator of the pipeline, do both of the following: (1) Direct the responsible party to test, to the satisfaction of the agency overseeing the testing, the soil, air, and water in the affected area for contamination caused by the leak and disclose the results of the tests to the public. (2) Make a determination, based on the result of the tests, on whether the leak poses a serious threat to the public health and safety of residents affected by the leak, and require the responsible party to provide assistance, including temporary relocation, to those residents if the local health officer or their designee so determines. (b) If the local health officer or their designee determines, based on the results of the test, that the leak poses a serious threat to public health and safety, the local health officer or their designee shall direct the responsible party to notify all residents affected by the leak. (c) The responsible party shall be liable for the costs incurred by the local health officer or their designee pursuant to this section. (d) Providing resident assistance and reimbursement for local health officer expenses shall not relieve a responsible party from liability for damages, and a responsible party shall not condition assistance or request a waiver of liability from the recipient of the assistance. (Amended by Stats. 2019, Ch. 771, Sec. 5. (AB 1057) Effective January 1, 2020.)
  121. 101045.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. County Health Officers [101025 - 101070] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. )

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    County and city health officers must inspect specified detention facilities, report their findings, and may conduct extra investigations when needed.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. County Health Officers [101025 - 101070] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101045. (a) The county health officer shall, at least annually, investigate health and sanitary conditions in a county jail, publicly operated detention facility in the county, and private work furlough facility and program established pursuant to Section 1208 of the Penal Code. A private work furlough facility and program shall pay an annual fee to the county health officer commensurate with the annual cost of those investigations, as determined by the county health officer. The county health officer may make additional investigations of a county jail, private detention facility, or other detention facility of the county as they determine necessary. The county health officer shall submit a report to the Board of State and Community Corrections, the sheriff or other person in charge of the jail or detention facility, and to the board of supervisors. In a city having a health officer, the city health officer shall, at least annually, investigate health and sanitary conditions in a city jail and other detention facility. The city health officer may make additional investigations of a city jail, private detention facility, or other detention facility as they determine necessary. The city health officer shall submit a report to the Board of State and Community Corrections, the person in charge of the jail or detention facility, and to the city governing body. (b) Whenever requested by the sheriff, the chief of police, local legislative body, or the Board of State and Community Corrections, but not more often than twice annually, the county health officer or, in cities having a city health officer, the city health officer, shall investigate health and sanitary conditions in a jail or detention facility described in this section, and submit a report to each of the officers and agencies authorized in this section to request the investigation and to the Board of State and Community Corrections. (c) The investigating officer shall determine if the food, clothing, and bedding is of sufficient quantity and quality that at least shall equal minimum standards and requirements prescribed by the Board of State and Community Corrections for the feeding, clothing, and care of prisoners in local jails and detention facilities, and if the sanitation requirements required by Article 1 (commencing with Section 114250) of Chapter 8 of Part 7 of Division 104 for restaurants have been maintained. (d) For purposes of this section, “private detention facility” has the same meaning as in Section 7320 of the Government Code. (Repealed and added by Stats. 2024, Ch. 183, Sec. 2. (SB 1132) Effective January 1, 2025.)
  122. 101050.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. County Health Officers [101025 - 101070] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. )

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    The county health officer must prepare a county clinic list for the county clerk to distribute, and the list must include pregnancy testing service information.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. County Health Officers [101025 - 101070] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101050. (a) The county health officer shall prepare a list of family planning and birth control clinics located in the county for distribution by the county clerk pursuant to Section 26808 of the Government Code. The list shall include information about the availability of pregnancy testing services provided pursuant to Section 123380. (b) This section shall be inoperative from July 1, 1993, to June 30, 1994, inclusive. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  123. 101055.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. County Health Officers [101025 - 101070] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. )

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    The county health officer must provide copies of the Section 101050 list to county hospitals, and to physicians and surgeons if they request it.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. County Health Officers [101025 - 101070] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101055. (a) The county health officer shall furnish all hospitals within the county, and all physicians and surgeons upon request, copies of the list prepared pursuant to Section 101050 in sufficient numbers as they may need for voluntary distribution to patients. (b) This section shall be inoperative from July 1, 1993, to June 30, 1994, inclusive. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  124. 101060.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. County Health Officers [101025 - 101070] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. )

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    The county health officer may designate a nonprofit food distribution agency to help coordinate and facilitate food donations.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. County Health Officers [101025 - 101070] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101060. The county health officer may designate a nonprofit food distribution agency to coordinate and facilitate the donation of food and food products to nonprofit, charitable corporations, from available sources, including restaurants, grocery stores, or food distributors. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  125. 101070.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. County Health Officers [101025 - 101070] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. )

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    Local health officers may act against unlicensed dispensing or furnishing of certain drugs and devices, and businesses can be closed, confiscated from, and later heard on request.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. County Health Officers [101025 - 101070] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101070. (a) (1) The Legislature hereby finds and declares that the dispensing or furnishing of drugs requiring a prescription pursuant to Section 11470, a controlled substance as defined in Section 4021 of the Business and Professions Code, or a dangerous drug or a dangerous device as defined in Section 4022 of the Business and Professions Code, without a license poses a significant threat to the public health, safety, and welfare of all residents of the state. In recent years, the public has become increasingly exposed to a proliferation of persons who engage in these illegal or dangerous acts. (2) The Legislature further finds and declares that extraordinary measures are needed to control this burgeoning problem. Therefore, the occasional enlistment of local health officers in regulatory and enforcement functions normally reserved to the state is appropriate and necessary in order to protect the health, safety, and welfare of all persons of this state. (3) Notwithstanding the foregoing, nothing contained in this section shall be construed as limiting or supplanting the authority of the state agencies charged with the regulation of the practice of pharmacy. (b) Whenever a local health officer determines that there exists in his or her jurisdiction any person who, without a license, is dispensing or furnishing drugs requiring a prescription pursuant to Section 111470, a controlled substance as defined in Section 4021 of the Business and Professions Code, or a dangerous drug or a dangerous device as defined in Section 4022 of the Business and Professions Code, the local health officer may take action against such person. This action shall include, but not be limited to: (1) Receiving and investigating complaints from the public, from other licensees or from health care facilities that a person is engaging in any or all of the activity set forth in this subdivision. In conducting any investigation pursuant to this paragraph, the local health officer shall have the assistance of, and be accompanied by, a licensed pharmacist. The local health officer shall provide the Board of Pharmacy, and any other state agency charged with jurisdiction over the activity set forth in this subdivision, with a copy of all complaints received pursuant to this paragraph. (2) Issuing an order to the person to immediately cease and desist from the unlawful activity described in this subdivision, after confirming that the person is engaging in any or all of the activity set forth in this subdivision, and determining that the person has not been convicted of engaging in that activity pursuant to Section 11352.1 or any other applicable provision of law. In issuing the order, the local health officer shall notify the person that the activity is illegal in the State of California. In the event the local health officer determines that any or all of the items described in this subdivision must be confiscated, in addition to the cease and desist order, the local health officer shall enlist the aid of local law enforcement to execute confiscation of those items. (3) Order the closure of the business, if any, operated, managed, or owned by the person after confirming that the person is engaging in any or all of the activity set forth in this subdivision, and determining whether the person has previously been convicted of engaging in that activity pursuant to Section 11352.1 or any other applicable provision of law. If the public health officer has a reasonable suspicion that the operation of a business poses an immediate threat to public health, welfare, or safety, the business may be ordered closed immediately while the hearing described in subdivision (c) is pending. Immediate danger to the public health, welfare, or safety includes, but is not limited to, evidence that the person is providing, selling, or distributing drugs that require a prescription, or dangerous drugs, devices, or controlled substances without a license. In the event that the local health officer determines that any or all of the items described in this subdivision must be confiscated in addition to the closure of the business, that officer shall enlist the aid of local law enforcement to execute the confiscation of those items. (c) (1) Any person engaging in any or all of the activity described in subdivision (b) whose business is closed as a result of action by local health officer pursuant to subdivision (b) shall be entitled to a hearing to show cause why the closure was unwarranted. (2) Whenever a local health officer orders the closure of a business pursuant to subdivision (b), the local health officer shall immediately issue to the owner a notice setting forth the acts or omissions with which the owner is charged, specifying the pertinent code section, and informing the owner of the right to a hearing, if requested, to show cause why the business should not be closed. (3) A written request for a hearing shall be submitted by the person to the local health officer within 15 calendar days of closure. A failure to request a hearing within 15 calendar days of closure shall be deemed a waiver of the right to a hearing. (4) The hearing shall be held within 15 calendar days of the receipt of a request for a hearing; however, when circumstances warrant, the hearing officer may order a hearing at any reasonable time within this 15-day period to expedite the hearing process. Upon written request of the person, the hearing officer may postpone any hearing date, if circumstances warrant the postponement. (5) The hearing officer shall issue a written notice of decision to the person within five working days following the hearing. In the event the hearing officer determines that the closure was warranted, the notice shall specify the acts or omissions with which the person is charged, and shall state that the business shall remain closed permanently. Evidence that the person engaged in any or all of the activity set forth in subdivision (b) shall constitute prima facie evidence that permanent closure is warranted. Any business still operating shall close immediately upon receipt of the written decision ordering closure. (Amended by Stats. 2000, Ch. 350, Sec. 2. Effective September 8, 2000.)
  126. 101075.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Local Health Emergencies [101075 - 101095] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. )

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    This section defines “hazardous waste” and “waste” for this article.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Local Health Emergencies [101075 - 101095] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101075. As used in this article: (a) “Hazardous waste” means a waste, or combination of wastes, that because of its quantity, concentration, or physical, chemical, or infectious characteristics may do any of the following: (1) Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness. (2) Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed. (b) “Waste” means either of the following: (1) Any material for which no use or reuse is intended and that is to be discarded. (2) Any material that spills, escapes, or is released from any manufacturing, industrial, commercial, or other plant, facility, or process, or that escapes or is released during the transporting or transferring from one place to another, or during the pumping, processing, storing, or packaging of any material in, to, or from such a plant, facility, or process, or that enters or may enter an uncontained air space or a surface water course that is not totally contained on the contiguous property of the plant, facility, or process, or which enters, or may enter, the groundwater underlying such plant, facility, or process. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  127. 101080.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Local Health Emergencies [101075 - 101095] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. )

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    The director or local health officer may declare a health emergency or local health emergency when the section’s conditions are met. A local health emergency declared by a local health officer cannot last more than seven days unless ratified, and the board of supervisors or city council must review it every 30 days and end it as soon as conditions allow.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Local Health Emergencies [101075 - 101095] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101080. Whenever a release, spill, escape, or entry of waste occurs as described in paragraph (2) of subdivision (b) of Section 101075 and the director or the local health officer reasonably determines that the waste is a hazardous waste or medical waste, or that it may become a hazardous waste or medical waste because of a combination or reaction with other substances or materials, and the director or local health officer reasonably determines that the release or escape is an immediate threat to the public health, or whenever there is an imminent and proximate threat of the introduction of any contagious, infectious, or communicable disease, chemical agent, noncommunicable biologic agent, toxin, or radioactive agent, the director may declare a health emergency and the local health officer may declare a local health emergency in the jurisdiction or any area thereof affected by the threat to the public health. Whenever a local health emergency is declared by a local health officer pursuant to this section, the local health emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the board of supervisors, or city council, whichever is applicable to the jurisdiction. The board of supervisors, or city council, if applicable, shall review, at least every 30 days until the local health emergency is terminated, the need for continuing the local health emergency and shall proclaim the termination of the local health emergency at the earliest possible date that conditions warrant the termination. (Amended by Stats. 2018, Ch. 990, Sec. 4. (AB 2238) Effective January 1, 2019.)
  128. 101080.2.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Local Health Emergencies [101075 - 101095] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. )

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    A local health officer may issue a short-term order for first responders to isolate exposed individuals, but only if necessary and least restrictive, and only for up to two hours. The officer must also have a public memorandum of understanding in place before using this authority.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Local Health Emergencies [101075 - 101095] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101080.2. (a) The local health officer may issue, and first responders may execute, an order authorizing first responders to immediately isolate exposed individuals that may have been exposed to biological, chemical, toxic, or radiological agents that may spread to others. An order issued pursuant to this section shall not be in effect for a period longer than two hours and shall only be issued if the means are both necessary and the least restrictive possible to prevent human exposure. (b) Before any implementation of the authority in subdivision (a), the local health officer shall establish a related memorandum of understanding with first responders in his or her jurisdiction that shall require consultation with the Office of Emergency Services operational area coordinator, consistent with the standardized emergency management system established pursuant to Section 8607 of the Government Code, and shall include where and how exposed subjects will be held pending decontamination in the local jurisdiction. That memorandum of understanding shall be made available to the public. (c) A violation of an order issued by the local health officer and executed by a first responder pursuant to subdivision (a) is a misdemeanor, punishable by a fine of up to one thousand dollars ($1000), or by imprisonment in the county jail for a period of up to 90 days, or by both. (Amended by Stats. 2013, Ch. 352, Sec. 384. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  129. 101085.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Local Health Emergencies [101075 - 101095] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. )

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    After a health emergency is declared, the local health officer or director may require information, share it with responders, and analyze the incident; they also have mutual-aid powers, and certain agencies may assist.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Local Health Emergencies [101075 - 101095] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101085. (a) After the declaration of a health emergency or a local health emergency pursuant to Section 101080, the director or local health officer may do any or all of the following: (1) Only in the case of a release, spill, escape, or entry of waste as described in paragraph (2) of subdivision (b) of Section 101075, require any person or organization that the director or local health officer shall specify to furnish any information known relating to the properties, reactions, and identity of the material that has been released, spilled, or escaped. The director or local health officer may require information to be furnished, under penalty of perjury, by the person, company, corporation, or other organization that had custody of the material, and, if the material is being transferred or transported, by any person, company, corporation, or organization that caused the material to be transferred or transported. This information shall be furnished to the director or local health officer upon request in sufficient detail, as determined by the director or local health officer, as required to take any action necessary to abate the health emergency or local health emergency or protect the health of persons in the jurisdiction, or any area thereof, who are, or may be affected. However, the burden, including costs, of furnishing the information shall bear a reasonable relationship to the need for the information and the benefits to be obtained therefrom. (2) Provide the information, or any necessary portions thereof, or any other necessary information available to the director or local health officer to state or local agencies responding to the health emergency or local health emergency or to medical and other professional personnel treating victims of the local health emergency. (3) Sample, analyze, or otherwise determine the identifying and other technical information relating to the health emergency or local health emergency as necessary to respond to or abate the local health emergency and protect the public health. (b) After the declaration of a local health emergency by the local health officer pursuant to Section 101080, the following shall apply in the jurisdiction in which the local health emergency has been declared: (1) Other political subdivisions have full power to provide mutual aid to any area affected by a local health emergency in accordance with local ordinances, resolutions, emergency plans, or agreements therefor. (2) State agencies may provide mutual aid, including personnel, equipment, and other available resources, to assist political subdivisions during a local health emergency or in accordance with mutual aid agreements or at the direction of the Governor. (3) In the absence of a state of war emergency or state of emergency, the cost of extraordinary services incurred by political subdivisions in executing mutual aid agreements in a local health emergency shall constitute a legal charge against the state when approved by the Governor in accordance with orders and regulations promulgated as prescribed in Section 8567 of the Government Code. (c) Under this section, a local health emergency shall be considered a local emergency for purposes of Section 8659 of the Government Code. (d) This section does not limit or abridge any of the powers or duties granted to the State Water Resources Control Board and to each regional water quality control board by Division 7 (commencing with Section 13000) of the Water Code. This section also does not limit or abridge the powers or duties granted to the State Air Resources Board or to any air pollution control district by Division 26 (commencing with Section 39000). This section does not limit or abridge any of the powers or duties granted to the Director of Food and Agriculture or to any county agricultural commissioner by Division 6 (commencing with Section 11401) or by Division 7 (commencing with Section 12501) of the Food and Agricultural Code. (Amended by Stats. 2006, Ch. 874, Sec. 5. Effective January 1, 2007.)
  130. 101087.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Local Health Emergencies [101075 - 101095] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. )

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    After certain hazardous-material releases, the board of supervisors may delegate an examination/reporting task to the county health officer or administering agency, and several notice, handling, and reporting rules apply.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Local Health Emergencies [101075 - 101095] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101087. (a) For purposes of this section, the terms “handler,” “administering agency,” “hazardous material,” “release,” and “threatened release” shall have the meaning given in Section 25501. (b) After a release or a threatened release of a hazardous material from the premises of a handler, which release or threatened release poses a significant present or potential hazard to human health and safety, property, or the environment, the board of supervisors may delegate to the county health officer or administering agency, the responsibility to examine any individual who has been properly subpoenaed by the chairperson of the board of supervisors for the purpose of obtaining information as to the cause of the incident, and to report to the board of supervisors what actions the board of supervisors should take to prevent a similar incident from occurring again. The county health officer or administering agency shall consider in the report any information obtained pursuant to subdivision (g) and respond to that information in the report. The county health officer or administering agency may examine the subpoenaed individual in private, except that the individual may choose to be interviewed in the presence of personal legal counsel. (c) Prior to issuing a subpoena for purposes of subdivision (b), the board of supervisors shall make a written finding that the county health officer or administering agency has made a reasonable attempt to conduct a voluntary examination, and that the attempt was not successful. (d) If the board of supervisors delegates the responsibility to examine any subpoenaed individual to the county health officer pursuant to subdivision (b) and the county health officer is not the administering agency within the jurisdiction where the hazardous material release or threatened release occurred, the county health officer shall actively involve the administering agency in all phases of the examination, the investigation to determine the cause of the hazardous material release or threatened release, and the preparation of the report to the board of supervisors concerning what actions the board of supervisors should take to prevent a similar incident from occurring. (e) (1) If a handler subject to a subpoena believes that information provided to the county health officer or administering agency during, or in connection with, an examination conducted pursuant to this section involves the release of a trade secret, the handler shall notify the county health officer or administering agency in the manner specified in subdivision (a) of Section 25538. Upon receipt of that notification, the county health officer or administering agency shall handle that information in the same manner as specified in Section 25538 with regard to the review and disclosure of that information by an administering agency. (2) For purposes of this subdivision, “trade secret” has the same meaning as defined in subdivision (a) of Section 25538. (f) When the county health officer or administering agency is preparing a report for the board of supervisors pursuant to subdivision (b), the handler subject to the subpoena may submit to the health officer or administering agency any information and analysis gathered or prepared by the handler regarding the cause of the release or threatened release and any appropriate action for the prevention of a similar incident. The health officer or administering agency shall consider any information and analyses submitted by the handler pursuant to this subdivision in preparing the report to the board of supervisors and shall respond to that information in the report. (g) Nothing in this section shall be construed to either limit or expand the existing subpoena authority of a county board of supervisors pursuant to Section 25170 of the Government Code. (Added by Stats. 1999, Ch. 925, Sec. 1. Effective January 1, 2000.)
  131. 101090.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Local Health Emergencies [101075 - 101095] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    On request by the person who provided the information under Section 101085, information that could reveal trade secrets or secret processes may not be open to public inspection.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Local Health Emergencies [101075 - 101095] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101090. When requested by the person furnishing the information furnished pursuant to Section 101085, the portions of the information that might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available to governmental agencies for use in abatement of the health emergency or county health emergency and in judicial review or enforcement proceedings involving the person furnishing the information. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  132. 101095.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Local Health Emergencies [101075 - 101095] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    A person who refuses or fails to provide required information under Section 101085, or who falsifies that information, commits a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Local Health Emergencies [101075 - 101095] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101095. Any person failing or refusing to furnish technical, toxicological, or other information required pursuant to Section 101085, or falsifying any information provided pursuant to Section 101085 is guilty of a misdemeanor and is also subject to any other criminal or civil penalties provided by statute. (Amended by Stats. 1996, Ch. 1023, Sec. 301.9. Effective September 29, 1996.)
  133. 101100.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Public Health Nurses [101100 - 101115] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    A city’s governing body may employ public health nurses, and each nurse must be a registered nurse with department-prescribed qualifications at the time of hiring.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Public Health Nurses [101100 - 101115] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101100. The governing body of a city may employ one or more public health nurses, each of whom shall be a registered nurse possessing qualifications prescribed by the department on the date of his or her employment. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  134. 101105.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Public Health Nurses [101100 - 101115] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The public health nurse must handle city health and sanitation matters assigned by the governing body, and that body sets the nurse’s compensation.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Public Health Nurses [101100 - 101115] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101105. The public health nurse shall attend to matters pertaining to the health and sanitary conditions of the city as the governing body may assign. Compensation for the public health nurse shall be determined by that body. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  135. 101110.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Public Health Nurses [101100 - 101115] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    County boards of supervisors may hire public health nurses, but each nurse must be a registered nurse with qualifications prescribed by the department at the time of hiring.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Public Health Nurses [101100 - 101115] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101110. The board of supervisors in each county may employ one or more public health nurses, each of whom shall be a registered nurse possessing qualifications prescribed by the department on the date of employment. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  136. 101115.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Public Health Nurses [101100 - 101115] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    A public health nurse must handle county health and sanitation matters that the board of supervisors assigns, and the board sets the nurse’s compensation.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Public Health Nurses [101100 - 101115] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101115. The public health nurse shall attend to matters pertaining to the health and sanitary conditions of the county as the board of supervisors may assign. Compensation for the public health nurse shall be determined by that board. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  137. 101125.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 4. Dental Professionals [101125 - 101140] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    A city governing body may hire dentists or dental hygienists, but each hired person must be licensed.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 4. Dental Professionals [101125 - 101140] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101125. The governing body of a city may employ one or more dentists or dental hygienists, each of whom shall be a licensed dentist or dental hygienist. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  138. 101130.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 4. Dental Professionals [101125 - 101140] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    A dentist or dental hygienist must attend to city dental conditions as assigned by the governing body, and the governing body determines their compensation.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 4. Dental Professionals [101125 - 101140] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101130. The dentist or dental hygienist shall attend to dental conditions of the city as the governing body may assign. Compensation for the dentist or dental hygienist shall be determined by that body. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  139. 101135.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 4. Dental Professionals [101125 - 101140] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    County boards of supervisors may employ one or more dentists or dental hygienists, but each person hired must be licensed.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 4. Dental Professionals [101125 - 101140] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101135. The board of supervisors in each county may employ one or more dentists or dental hygienists, each of whom shall be a licensed dentist or dental hygienist. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  140. 101140.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 4. Dental Professionals [101125 - 101140] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    A dentist or dental hygienist must handle county dental conditions if assigned by the board of supervisors, and that board sets the compensation.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 4. Dental Professionals [101125 - 101140] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101140. The dentist or dental hygienist shall attend to dental conditions of the county, as the board of supervisors may assign. Compensation for the dentist or dental hygienist shall be determined by that board. (Amended by Stats. 1996, Ch. 1023, Sec. 302. Effective September 29, 1996.)
  141. 101150.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 5. Municipal and County Laboratories [101150 - 101165] ( Article 5 added by Stats. 1996, Ch. 1023, Sec. 302.1. )

    Verify source ↗

    A city or county health department must have access to a public health laboratory, and that laboratory must provide analyses needed for disease surveillance and departmental programs.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 5. Municipal and County Laboratories [101150 - 101165] ( Article 5 added by Stats. 1996, Ch. 1023, Sec. 302.1. ) ## 101150. For the purpose of protecting the community and the public health, the local health department of a city or county shall have available the services of a public health laboratory for the examination of specimens from suspected cases of infectious and environmental diseases, that may include, but need not be limited to, the examination of specimens from milk, milk products, waters, food products, vectors, and the environment. The public health laboratory shall also provide the analyses required to assist in community disease surveillance and to meet the responsibilities and support the programs of the local health department. (Added by Stats. 1996, Ch. 1023, Sec. 302.1. Effective September 29, 1996.)
  142. 101155.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 5. Municipal and County Laboratories [101150 - 101165] ( Article 5 added by Stats. 1996, Ch. 1023, Sec. 302.1. )

    Verify source ↗

    The cost of establishing and maintaining the public health laboratory may be paid from city or county funds directed by the city or county health officer, if the expenditure is for protecting public health.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 5. Municipal and County Laboratories [101150 - 101165] ( Article 5 added by Stats. 1996, Ch. 1023, Sec. 302.1. ) ## 101155. The cost of establishment and maintenance of the public health laboratory is a legal expenditure from any city or county funds that are for disbursement under the direction of the city or county health officer to protect public health. (Added by Stats. 1996, Ch. 1023, Sec. 302.1. Effective September 29, 1996.)
  143. 101160.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 5. Municipal and County Laboratories [101150 - 101165] ( Article 5 added by Stats. 1996, Ch. 1023, Sec. 302.1. )

    Verify source ↗

    City or county public health laboratories, and their personnel, must be approved by the State Department of Health Services and must comply with CLIA.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 5. Municipal and County Laboratories [101150 - 101165] ( Article 5 added by Stats. 1996, Ch. 1023, Sec. 302.1. ) ## 101160. (a) Any city or county public health laboratory established for the purposes set forth in this chapter and its personnel shall be approved by the State Department of Health Services and shall comply with the requirements of CLIA. (b) For purposes of this section, “CLIA” means the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a; P.L. 100-578) and the regulations adopted thereunder by the federal Health Care Financing Administration and effective on January 1, 1994, or any later date, when adopted in California pursuant to subdivision (b) of Section 1208 of the Business and Professions Code. (Amended by Stats. 1998, Ch. 768, Sec. 2. Effective January 1, 1999.)
  144. 101161.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 5. Municipal and County Laboratories [101150 - 101165] ( Article 5 added by Stats. 1996, Ch. 1023, Sec. 302.1. )

    Verify source ↗

    A person may test samples for SARS-CoV-2 in a city or county public health laboratory if the person meets CLIA high-complexity testing requirements.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 5. Municipal and County Laboratories [101150 - 101165] ( Article 5 added by Stats. 1996, Ch. 1023, Sec. 302.1. ) ## 101161. (a) A person may perform an analysis of samples to test for SARS-CoV-2, the virus that causes COVID-19, in any city or county public health laboratory if they meet the requirements under the Clinical Laboratory Improvement Amendments in Section 493.1489 of Title 42 of the Code of Federal Regulations for high complexity testing. (b) This section shall remain in effect only until July 1, 2028, and as of that date is repealed. (Amended by Stats. 2023, Ch. 276, Sec. 4. (AB 1341) Effective September 30, 2023. Repealed as of July 1, 2028, by its own provisions.)
  145. 101165.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 5. Municipal and County Laboratories [101150 - 101165] ( Article 5 added by Stats. 1996, Ch. 1023, Sec. 302.1. )

    Verify source ↗

    This section says nothing in this article or other law should be read to block certified individuals from doing their public health duties.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Powers and Duties of Local Health Officers and Local Health Departments [101025 - 101165] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 5. Municipal and County Laboratories [101150 - 101165] ( Article 5 added by Stats. 1996, Ch. 1023, Sec. 302.1. ) ## 101165. Nothing in this article, or any other provision of law, shall be construed to restrict, limit, or prevent individuals certified under authority of this part or Article 1 (commencing with Section 106600) of Chapter 4 of Part 1 of Division 104 from performing their duties for the protection of the public health. (Added by Stats. 1996, Ch. 1023, Sec. 302.1. Effective September 29, 1996.)
  146. 101175.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. State Aid for Local Health Administration [101175 - 101320.5] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. Definitions and General Policy [101175 - 101185] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    This section says the state provides financial assistance to local health departments to improve public health services, and those funds must not replace local appropriations.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. State Aid for Local Health Administration [101175 - 101320.5] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. Definitions and General Policy [101175 - 101185] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101175. The rapid increase in the population of the state and the increasing industrialization in both the urban and rural areas necessitate the provision of effective public health services to all the people of the state. In many areas within the state local health departments lack the necessary funds, and the local population lack the means to furnish funds, to provide effective public health services. The Legislature therefore seeks to further the provision of necessary public health services by granting financial assistance to local health departments thus enabling them to meet present and future health needs in an efficient and effective manner. The funds granted are to augment local appropriations provided for public health purposes, and shall not be used to replace local appropriations. The administrative pattern providing public health services to all the people of the state will vary in different areas. It is generally recognized that the minimum population necessary for efficient administration of a local health department is approximately 50,000. To attain this desirable population minimum it will be necessary in some areas for two or more counties to unite and establish a single administrative public health jurisdiction. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  147. 101180.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. State Aid for Local Health Administration [101175 - 101320.5] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. Definitions and General Policy [101175 - 101185] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    For this chapter, population is based on the most recent U.S. decennial census, and the department may ask the Department of Finance’s Demographic Research Unit to determine city or county population when adjustment seems warranted.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. State Aid for Local Health Administration [101175 - 101320.5] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. Definitions and General Policy [101175 - 101185] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101180. “Population,” for the purpose of this chapter, shall be determined by the most recent United States decennial census; provided, however, whenever it appears to the department that the population of any city or county, changed sufficiently to warrant adjustment, the department for purposes of this chapter may request the Demographic Research Unit of the Department of Finance to determine the population for cities or counties. (Amended by Stats. 2019, Ch. 29, Sec. 121. (SB 82) Effective June 27, 2019.)
  148. 101185.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. State Aid for Local Health Administration [101175 - 101320.5] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. Definitions and General Policy [101175 - 101185] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    This section defines “local health department” for this chapter and lists which public health organizations qualify.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. State Aid for Local Health Administration [101175 - 101320.5] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. Definitions and General Policy [101175 - 101185] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101185. For the purposes of this chapter a “local health department” shall be interpreted to mean any one of the following public health administrative organizations: (a) A local health department serving one or more counties that shall provide services to all cities whose population is less than 50,000 in addition to the unincorporated territory of the county or counties. (b) A county health department that does not serve all of the cities of less than 50,000 population, but that has the provisional approval of the department, in accordance with Section 101225. (c) The health department of a city of 50,000 or greater population, except that the governing body of the city by resolution may declare its intention to be included under the jurisdiction of the county health department, as provided by existing statutes. (d) The local health department of any county that had under its jurisdiction on September 19, 1947, a population in excess of 1,000,000, or the local health department of any city and county. (Amended by Stats. 1996, Ch. 1023, Sec. 302.2. Effective September 29, 1996.)
  149. 101200.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. State Aid for Local Health Administration [101175 - 101320.5] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Qualification for Financial Assistance [101200- 101200.] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    Local health departments that qualify for assistance under this chapter are entitled to financial aid once they become eligible.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. State Aid for Local Health Administration [101175 - 101320.5] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Qualification for Financial Assistance [101200- 101200.] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101200. Local health departments qualifying for assistance as provided in this chapter, on or after September 19, 1947, shall receive financial aid as of the date of their becoming eligible. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  150. 101225.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. State Aid for Local Health Administration [101175 - 101320.5] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. State Aid [101225 - 101265] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The department may give provisional approval to a county health department that meets specified minimum standards and does not serve all cities under 50,000 population in the county.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. State Aid for Local Health Administration [101175 - 101320.5] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. State Aid [101225 - 101265] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101225. Provisional approval may be given by the department to a county health department that meets minimum standards as specified in this chapter, Section 100295, and Part 3 (commencing with Section 124300) of Division 106, but that does not serve all cities of less than 50,000 population within the county. (Amended by Stats. 1996, Ch. 1023, Sec. 302.3. Effective September 29, 1996.)
  151. 101230.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. State Aid for Local Health Administration [101175 - 101320.5] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. State Aid [101225 - 101265] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    State aid for qualifying local health jurisdictions must be allocated as a basic allotment and, after that, a per-capita allotment, with quarterly advance disbursement and limits on how the funds may be used.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. State Aid for Local Health Administration [101175 - 101320.5] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. State Aid [101225 - 101265] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101230. From the appropriation made for the purposes of this article, allocation shall be made to the administrative bodies of qualifying local health jurisdictions described as public health administrative organizations in Section 101185 in the following manner: (a) A basic allotment as follows: To the administrative bodies of local health jurisdictions, a basic allotment of one hundred thousand dollars ($100,000) per local health jurisdiction or $0.212426630 per capita, whichever is greater, subject to the availability of funds appropriated in the annual Budget Act or some other act. The population estimates used for the calculation of the per capita allotment shall be based on the Department of Finance’s E-1 Report, “City/County Population Estimates with Annual Percentage Changes” as of January 1 of the previous fiscal year. However, if within a county there are one or more city health jurisdictions, the county shall subtract the population of the city or cities from the county total population for purposes of calculating the per capita total. If the amounts appropriated are insufficient to fully fund the allocations specified in this subdivision, the state department shall prorate and adjust each local health jurisdiction’s allocation using the same percentage that each local health jurisdiction’s allocation represents to the total appropriation under the allocation methodology specified in this subdivision. (b) A per capita allotment, determined as follows: After deducting the amounts allowed for the basic allotment as provided in subdivision (a), the balance of the appropriation, if any, shall be allotted on a per capita basis to the administrative body of each local health jurisdiction in the proportion that the population of that local health jurisdiction bears to the population of all qualified local health jurisdictions of the state. (c) Beginning in the 1998–99 fiscal year, funds appropriated for the purposes of this article shall be used to supplement existing levels of the services described in subdivision (d) provided by qualifying participating local health jurisdictions. As part of a county’s or city’s annual realignment trust fund report to the Controller, a participating county or city shall annually certify to the Controller that it has deposited county or city funds equal to or exceeding the amount described in subdivisions (a) and (b) of Section 17608.10 of the Welfare and Institutions Code. The county or city shall not be required to submit any additional reports or modifications to existing reports to document compliance with this subdivision. Funds shall be disbursed quarterly in advance to local health jurisdictions beginning July 1, 1998. If a county or city does not accept its allocation, any unallocated funds provided under this section shall be redistributed according to subdivision (b) to the participating counties and cities that remain. (d) Funds shall be used for the following: (1) Communicable disease control activities. Communicable disease control activities shall include, but not be limited to, communicable disease prevention, epidemiologic services, public health laboratory identification, surveillance, immunizations, followup care for sexually transmitted disease and tuberculosis control, and support services. Communicable disease control activities may include: (A) Training of local public health, laboratory, environmental, and emergency medical services staff, including first responders, and the local medical community. (B) Acquisition of communication and data systems necessary for effective disease tracking. (C) Acquisition of protective equipment and other equipment and materials essential for communicable disease control activities. (2) Community and public health surveillance activities. These activities shall include, but not be limited to, epidemiological analyses, and investigating, monitoring, and controlling illnesses due to natural or intentional biological, chemical, or other health threats. (e) Funds also may be used for activities that increase the capacity of local public health jurisdictions to respond to potential biological and chemical terrorist threats, in the areas of communicable disease surveillance and control, public health laboratories, environmental health, and linkages to emergency medical services agencies. (f) Funds shall not be used for medical care services, including jail medical care treatment, except as necessary for purposes of subdivision (d). (Amended by Stats. 2002, Ch. 1114, Sec. 2. Effective January 1, 2003.)
  152. 101235.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. State Aid for Local Health Administration [101175 - 101320.5] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. State Aid [101225 - 101265] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

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    The department takes over the duties and authority previously exercised by the State Department of Benefit Payments for processing, auditing, and paying certain appropriated funds.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. State Aid for Local Health Administration [101175 - 101320.5] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. State Aid [101225 - 101265] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101235. The department succeeds to and is vested with the duties, purposes, responsibilities, and jurisdiction heretofore exercised by the State Department of Benefit Payments with respect to the processing, audit, and payment of funds appropriated for the purposes of this article to the administrative bodies of qualifying local health departments. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  153. 101240.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. State Aid for Local Health Administration [101175 - 101320.5] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. State Aid [101225 - 101265] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The department must have possession and control of certain records, papers, equipment, and supplies tied to the Director of Benefit Payments.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. State Aid for Local Health Administration [101175 - 101320.5] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. State Aid [101225 - 101265] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101240. The department shall have possession and control of all records, papers, equipment, and supplies held for the benefit or use of the Director of Benefit Payments in the performance of his or her duties, powers, purposes, responsibilities, and jurisdiction that are vested in the department by Section 101235. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  154. 101245.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. State Aid for Local Health Administration [101175 - 101320.5] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. State Aid [101225 - 101265] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    Certain non-temporary civil service officers and employees must be transferred to the department, and their status, positions, and rights are preserved except for positions exempt from civil service.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. State Aid for Local Health Administration [101175 - 101320.5] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. State Aid [101225 - 101265] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101245. All officers and employees of the Director of Benefit Payments who are serving in the state civil service, other than as temporary employees, on July 1, 1978, and who are engaged in the performance of a function vested in the department by Section 101235 shall be transferred to the department. The status, positions, and rights of these persons shall not be affected by the transfer and shall be retained by them as officers and employees of the department pursuant to the State Civil Service Act, except for positions exempt from civil service. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  155. 101250.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. State Aid for Local Health Administration [101175 - 101320.5] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. State Aid [101225 - 101265] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The department must tell each local health department’s governing body how much money is available and what conditions apply.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. State Aid for Local Health Administration [101175 - 101320.5] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. State Aid [101225 - 101265] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101250. After determining the total amounts available to each area, the department shall notify the governing body of each local health department of that amount, and of the conditions governing its availability. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  156. 101255.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. State Aid for Local Health Administration [101175 - 101320.5] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. State Aid [101225 - 101265] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    State aid for this article may be allocated to a local health department only if its governing body first appropriates enough local funds, and those funds must not include state or federal money.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. State Aid for Local Health Administration [101175 - 101320.5] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. State Aid [101225 - 101265] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101255. No funds appropriated for the purposes of this article shall be allocated to any local health department unless the governing body of the local health department has appropriated an amount equal to at least twice the per capita allotment provided in subdivision (b) of Section 101230 for the same period from local funds for the support of the local health department. These local funds shall be wholly exclusive of any state or federal funds received or receivable. Actual expenditures of local funds, exclusive of state or federal funds received, shall be not less than the proportion of total expenditures. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  157. 101260.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. State Aid for Local Health Administration [101175 - 101320.5] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. State Aid [101225 - 101265] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    State aid funds for this article cannot be allocated to a local health department that does not meet the department’s minimum standards for personnel, organization, and program.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. State Aid for Local Health Administration [101175 - 101320.5] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. State Aid [101225 - 101265] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101260. No funds appropriated for the purposes of this article shall be allocated to any local health department whose professional and technical personnel and whose organization and program do not meet the minimum standards established by the department. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  158. 101265.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. State Aid for Local Health Administration [101175 - 101320.5] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. State Aid [101225 - 101265] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    State payments for qualifying local health departments are made quarterly, with certification by the department and payment by the Controller and State Treasurer; payments may be withheld if minimum standards are not met after 45 days’ notice.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. State Aid for Local Health Administration [101175 - 101320.5] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. State Aid [101225 - 101265] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101265. The basic and per capita allotments shall be paid quarterly to the administrative body of each qualifying local health department. Each quarterly payment may be adjusted on a basis of the actual expenditures during the previous quarter, if the adjustment is necessary to maintain the minimum proportional relationship of state and local expenditures as outlined in Section 101255. The department shall certify the amounts to be paid to each local health department each quarter to the Controller, who shall thereupon draw the necessary warrants, and the State Treasurer shall pay to the administrative body of each local health department the certified amount. Any payments may be withheld by the department if a local health department fails to continue to meet the minimum standards established, provided that not less than 45 days’ advance notice of intention to withhold payments, and the reasons therefor, shall be given to the governing body of the local health department. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  159. 101275.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. State Aid for Local Health Administration [101175 - 101320.5] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 4. Transfer of Environmental Health and Sanitation Services [101275 - 101285] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    A county board of supervisors may transfer environmental health and sanitation services to a county agency other than the county health department if the director concurs.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. State Aid for Local Health Administration [101175 - 101320.5] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 4. Transfer of Environmental Health and Sanitation Services [101275 - 101285] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101275. Notwithstanding Section 101260, a county board of supervisors may, with the concurrence of the director, transfer the total function of providing environmental health and sanitation services and programs to a comprehensive environmental agency of the county other than the county health department. The county shall continue to receive funds appropriated for the purposes of this article if it complies with all other minimum standards established by the department and if the environmental health and sanitation services and programs are maintained at levels of quality and efficiency equal to or higher than the levels of the services and programs formerly provided by the county health department. (Amended by Stats. 1996, Ch. 1023, Sec. 302.4. Effective September 29, 1996.)
  160. 101280.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. State Aid for Local Health Administration [101175 - 101320.5] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 4. Transfer of Environmental Health and Sanitation Services [101275 - 101285] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    If a Section 101275 transfer occurs, agencies must staff environmental health services with a registered environmental health specialist as the immediate supervisor and enough specialists to run the program.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. State Aid for Local Health Administration [101175 - 101320.5] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 4. Transfer of Environmental Health and Sanitation Services [101275 - 101285] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101280. If a transfer authorized by Section 101275 is made: (a) Each agency shall employ as the immediate supervisor of the environmental health and sanitation services a director of environmental health who is a registered environmental health specialist and the agency shall employ an adequate number of registered environmental health specialists to carry on the program of environmental health and sanitation services. (b) Wherever, in any statute, regulation, resolution, or order, a power is granted to, or a duty is imposed upon, a county health officer or county health department pertaining to environmental health and sanitation services and programs transferred by the board of supervisors, these powers and duties shall be delegated by the local health officer to the director of environmental health, who shall thereafter administer these powers and duties. (c) The department shall adopt regulations pertaining to minimum program and personnel requirements of environmental health and sanitation services and programs. The department shall periodically review these programs to determine if minimum requirements are met. (d) Whenever the board of supervisors determines that the expenses of its environmental health director in the enforcement of any statute, order, quarantine, or regulation prescribed by a state officer or department relating to environmental health and sanitation are not met by any fees prescribed by the state, the board may adopt an ordinance or resolution prescribing fees that will pay the reasonable expenses of the environmental health director incurred in enforcement. The schedule of fees prescribed by ordinance or resolution of the board of supervisors shall be applicable in the area in which the environmental health director enforces any statute, order, quarantine, rule, or regulation prescribed by a state officer or department relating to environmental health and sanitation. (Amended by Stats. 1996, Ch. 1023, Sec. 302.5. Effective September 29, 1996.)
  161. 101285.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. State Aid for Local Health Administration [101175 - 101320.5] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 4. Transfer of Environmental Health and Sanitation Services [101275 - 101285] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    A county board of supervisors may transfer vector control services to a mosquito abatement and vector control district if the county officer agrees and the district covers the territory. If the county transfers the service and keeps meeting minimum standards, it continues to receive the appropriated funds.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. State Aid for Local Health Administration [101175 - 101320.5] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 4. Transfer of Environmental Health and Sanitation Services [101275 - 101285] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101285. (a) Notwithstanding Section 101260, the county board of supervisors may, with the concurrence of the county officer providing the services, transfer all or any portion of the function of providing vector control services to any mosquito abatement and vector control district formed pursuant to the Mosquito Abatement and Vector Control District Law, Chapter 1 (commencing with Section 2000) of Division 3, provided that the district’s boundaries include that territory. (b) A county that transfers vector control services to a district shall continue to receive funds appropriated for the purposes of this article if that county complies with all of the other minimum standards and if the vector control program is maintained at a level that meets the minimum standards set by the department. (Amended by Stats. 2002, Ch. 395, Sec. 8. Effective January 1, 2003.)
  162. 101300.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. State Aid for Local Health Administration [101175 - 101320.5] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 5. Local Public Health Service Contract Options [101300 - 101310] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    Counties under 50,000 population may contract with the department for local public health services, but counties that contract must file a notice by March 1, may withdraw by May 1, and must pay the agreed monthly amount.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. State Aid for Local Health Administration [101175 - 101320.5] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 5. Local Public Health Service Contract Options [101300 - 101310] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101300. (a) (1) The board of supervisors of a county with a population of less than 50,000 may enter into a contract with the department and the department may enter into a contract with that county to organize and operate a local public health service in that county. (2) The department may conduct the local public health service either directly, or by contract with other agencies, or by some combination of these methods as agreed upon by the department and the board of supervisors of the county concerned. (3) The board of supervisors may create a county board of public health or similar local advisory group. (b) Any county proposing to contract with the department pursuant to this section in the 1992–93 fiscal year and each fiscal year thereafter shall submit to the department a notice of intent to contract adopted by the board of supervisors no later than March 1 of the fiscal year preceding the fiscal year for which the agreement will be in effect in accordance with procedures established by the department. A county may withdraw this notice no later than May 1 of the fiscal year preceding the fiscal year for which the agreement will be in effect in accordance with procedures established by the department. If a county fails to withdraw its notice by this date, it shall be responsible for any and all necessary costs incurred by the department in providing or preparing to provide public health services in that county. (c) A county contracting with the department pursuant to this section shall not be relieved of its public health care obligation under Section 101025. (d) (1) Any county contracting with the department pursuant to this section shall pay, by the 15th of each month, the agreed contract amount. (2) If a county does not make the agreed monthly payment, the department may terminate the county’s participation in the program. (e) The counties and the department shall work collectively to ensure that expenditures do not exceed the funds available for the program in any fiscal year. (f) The Legislature hereby determines that an expedited contract process for contracts under this section is necessary. Contracts under this section shall be exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code. (g) The state shall not incur any liability except as specified in this section. (Amended by Stats. 1998, Ch. 310, Sec. 18. Effective August 19, 1998.)
  163. 101305.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. State Aid for Local Health Administration [101175 - 101320.5] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 5. Local Public Health Service Contract Options [101300 - 101310] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 3. )

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    Certain eligible counties keep their eligibility for local public health services even if their population grows beyond 50,000.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. State Aid for Local Health Administration [101175 - 101320.5] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 5. Local Public Health Service Contract Options [101300 - 101310] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101305. Any counties that were eligible for organization and operation of local public health services by the department pursuant to former Section 1157, as amended by Section 130 of Chapter 429 of the Statutes of 1978, as of January 1, 1988, shall continue to be eligible, notwithstanding an increase in total population beyond the 50,000 population limit of that section. (Amended by Stats. 1998, Ch. 310, Sec. 19. Effective August 19, 1998.)
  164. 101307.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. State Aid for Local Health Administration [101175 - 101320.5] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 5. Local Public Health Service Contract Options [101300 - 101310] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    Counties may contract with the department to shift some administrative work for certain public health programs to the department, but counties keep responsibility for providing services.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. State Aid for Local Health Administration [101175 - 101320.5] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 5. Local Public Health Service Contract Options [101300 - 101310] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101307. (a) Counties contracting with the department pursuant to Section 101300 may enter into a contract with the department whereby the department’s program that administers the Section 101300 contract agrees to assume responsibility for some or all of the administrative activities for some or all of the public health categorical programs of that county listed in subdivision (g). The responsibility for the provision of services under those programs shall remain with the county board of supervisors. (b) For the purposes of this section, “public health categorical programs” means a public health program that is funded by federal or state allocation supported by specific legislation or regulations, and that is identified by the department to be implemented by local jurisdictions. (c) Administrative costs, associated with the administration of those contracts between the department and the counties pursuant to this section, shall be capped at the maximum allowable under each of the public health categorical programs. (d) Each county intending to contract with the department for the fiscal year commencing July 1, 1994, shall submit to the department a notice of intent to contract adopted by the board of supervisors within 60 days of the effective date of this section. For each fiscal year thereafter, a notice of intent to contract adopted by the board of supervisors shall be submitted no later than August 1 of the fiscal year preceding the fiscal year for which the agreement will be in effect, in accordance with procedures established by the department. A county may withdraw this notice no later than September 15 of the fiscal year preceding the fiscal year for which the agreement will be in effect in accordance with procedures established by the department. If a county fails to withdraw its notice by this date, it shall be responsible for any and all necessary costs incurred by the department in providing or preparing to provide public health services in that county pursuant to this section. (e) As a condition of contracting with the department, the department may establish uniform standards, forms, and procedures for conducting the administrative activities for those categorical programs. (f) Any county that elects to contract with the department pursuant to this section shall, after receipt of program funds, pay by the 15th of each month, the agreed-upon contract amount for reimbursement for departmental costs of administration services. If a county does not make the agreed monthly payment, the department may after 60 days’ written notice to the county terminate the services provided by the department pursuant to this section. (g) The programs that may be subject to this section include, but are not limited to, all of the following: (1) All maternal and child health programs, including, but not limited to, the following: (A) California Children’s Services, Article 5 (commencing with Section 123800) of Chapter 3 of Part 2. (B) Child Health and Disability Prevention Program, Article 6 (commencing with Section 124025) of Chapter 3 of Part 2. (C) Perinatal Health Care, Article 4 (commencing with Section 123550) of Chapter 2 of Part 2. (2) The California Aids Program, Chapter 2 (commencing with Section 120800) of Part 4 of Division 105. (3) Tobacco Use Prevention, Article 1 (commencing with Section 104350) of Chapter 1 of Part 3 of Division 103. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  165. 101310.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. State Aid for Local Health Administration [101175 - 101320.5] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 5. Local Public Health Service Contract Options [101300 - 101310] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    During a declared health emergency, the local health officer has supervision and control over county environmental health and sanitation programs and personnel.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. State Aid for Local Health Administration [101175 - 101320.5] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 5. Local Public Health Service Contract Options [101300 - 101310] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101310. In the event a health emergency is declared by the board of supervisors in a county, or in the event a county health emergency is declared by the county health officer pursuant to Section 101080, the local health officer shall have supervision and control over all environmental health and sanitation programs and personnel employed by the county during the state of emergency. (Amended by Stats. 1996, Ch. 1023, Sec. 302.7. Effective September 29, 1996.)
  166. 101320.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. State Aid for Local Health Administration [101175 - 101320.5] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 7. Support for Vital Public Health Activities [101320 - 101320.5] ( Article 7 added by Stats. 2022, Ch. 47, Sec. 12. )

    Verify source ↗

    The department must create a funding program for local health jurisdictions, and funded jurisdictions must submit public health plans and certify how the money is used.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. State Aid for Local Health Administration [101175 - 101320.5] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 7. Support for Vital Public Health Activities [101320 - 101320.5] ( Article 7 added by Stats. 2022, Ch. 47, Sec. 12. ) ## 101320. (a) Upon appropriation by the Legislature for this purpose, the department shall develop and implement a program to fund and support vital public health activities and services provided by the 61 local health jurisdictions in California. (b) As a condition of funding, each local health jurisdiction shall, by December 30, 2023, and by July 1 every three years thereafter, be required to submit a public health plan to the department consistent with the requirements of subdivision (c). Each local public health plan shall be informed by the jurisdiction’s most recent community health assessment, community health improvement plan, or strategic plan, and shall include proposed evaluation methods and metrics. (c) The funds provided for this program shall be used to supplement, rather than supplant, existing levels of the services provided by qualifying local health jurisdictions. Each local health jurisdiction receiving funds through this article shall annually certify to the department that its portion of this funding shall be used to supplement and not supplant all other specific local county funds, including, but not limited to, local realignment and county general fund resources utilized for local health jurisdiction purposes, and excluding federal funds in this determination. In addition, each local health jurisdiction shall certify that 70 percent of funds will be used to support staff, including benefits and training, and that remaining funds, not to exceed 30 percent, may be used for equipment, supplies, and other administrative purposes, such as facility space, furnishings, travel, and similar activities. (d) Notwithstanding subdivision (c), in the 2022–23 fiscal year, each local health jurisdiction may use funds to develop the plan required by subdivision (b), including contracting for services to support the development of the public health plans, community health assessments, community health improvement plans, and strategic plans. (e) Each participating local health jurisdiction shall receive a base grant of three hundred fifty thousand dollars ($350,000). The remaining balance of the funding shall be provided to local health jurisdictions proportionally as follows: (1) 50 percent based on 2019, or most recent, population data, (2) 25 percent based on 2019, or most recent, poverty data, and (3) 25 percent based on the 2019, or the most recent, portion of the population that is Black/African American, Latinx, or Native Hawaiian or Pacific Islander. (f) A participating local health jurisdiction that does not have a completed community health needs assessment, community health improvement plan or strategic plan, shall commence coordination and planning activities by no later than October 1, 2022, and complete its triennial public health plan by December 30, 2023. (g) In addition to local evaluation plans and metrics, the department shall work in collaboration with the County Health Executives Association of California, California Conference of Local Health Officers, and Service Employees International Union to determine any minimum requirements for the funding and to establish statewide metrics to evaluate the impact of the investment of these funds on public health outcomes. (h) A local health jurisdiction may, upon submission of a letter of support to the department with a description of the regional capability being provided, direct a portion of its funds to another local health jurisdiction in support of regional capacity. (Added by Stats. 2022, Ch. 47, Sec. 12. (SB 184) Effective June 30, 2022.)
  167. 101320.3.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. State Aid for Local Health Administration [101175 - 101320.5] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 7. Support for Vital Public Health Activities [101320 - 101320.5] ( Article 7 added by Stats. 2022, Ch. 47, Sec. 12. )

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    The State Public Health Officer must file a written public health report every other year by February 1 starting in 2024 and give an annual update at budget hearings. The department must also seek annual stakeholder input on issues to cover in the report.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. State Aid for Local Health Administration [101175 - 101320.5] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 7. Support for Vital Public Health Activities [101320 - 101320.5] ( Article 7 added by Stats. 2022, Ch. 47, Sec. 12. ) ## 101320.3. (a) On or before February 1 of every other year, beginning in calendar year 2024, the State Public Health Officer shall submit a written report to the Governor and the Legislature on the state of public health in California. The State Public Health Officer shall present an update annually to the Assembly Committee on Budget and Senate Committee on Budget and Fiscal Review, or relevant subcommittees, during legislative budget hearings. (b) The written report shall include all of the following: (1) Information on key public health indicators that California is experiencing, as determined to be relevant by the State Public Health Officer. (2) Information on health disparities identified as part of the indicators and trends, if any. (3) The leading causes of morbidity and mortality in California and evidence of increasing or decreasing rates of morbidity and mortality over the prior three to five years, inclusive. (4) Data on the incidence and prevalence of communicable and noncommunicable chronic diseases and conditions. (5) Data on the incidence and prevalence of intentional and unintentional injuries, including data specific to suicides and gun violence. (6) Data on the prevalence of morbidity and mortality related to mental illness and substance abuse. (c) The department shall annually seek input from stakeholders, including legislative staff, on which public health issues to address in a written report. (Added by Stats. 2022, Ch. 47, Sec. 12. (SB 184) Effective June 30, 2022.)
  168. 101320.5.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. State Aid for Local Health Administration [101175 - 101320.5] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 7. Support for Vital Public Health Activities [101320 - 101320.5] ( Article 7 added by Stats. 2022, Ch. 47, Sec. 12. )

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    Local health jurisdictions must give annual public health updates to their city council or board of supervisors as a condition of funding.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 3. State Aid for Local Health Administration [101175 - 101320.5] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 7. Support for Vital Public Health Activities [101320 - 101320.5] ( Article 7 added by Stats. 2022, Ch. 47, Sec. 12. ) ## 101320.5. (a) As a condition of the funding authorized pursuant to subdivision (a) of Section 101320, a local health jurisdiction administered by a city shall annually present updates on the public health status to its city council on the state of the city’s public health. The presentation shall identify the city’s most prevalent current causes of morbidity and mortality, causes of morbidity and mortality with the most rapid three-year growth rate, and health disparities. The presentation shall also provide an update on progress addressing these issues through the strategies and programs identified in the local health jurisdiction’s triennial public health planning document, as well as identify policy recommendations for addressing these issues. (b) As a condition of the funding authorized pursuant to subdivision (a) of Section 101320, a local health jurisdiction administered by a county, or a city and county, shall annually present updates to its board of supervisors on the state of the county’s public health. The presentation shall identify the county’s most prevalent current causes of morbidity and mortality, causes of morbidity and mortality with the most rapid three-year growth rate, and health disparities. The presentation shall also provide an update on progress addressing these issues through the strategies and programs identified in the local health jurisdiction’s triennial public health planning document, as well as identify policy recommendations for addressing these issues. (Added by Stats. 2022, Ch. 47, Sec. 12. (SB 184) Effective June 30, 2022.)
  169. 101325.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. Enforcement, Fees, Reimbursements, and Taxes [101325 - 101350] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. )

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    A city or county governing body may adopt fees, by ordinance or resolution, to cover reasonable local health enforcement expenses, and may allow a direct property assessment in certain business-property cases.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. Enforcement, Fees, Reimbursements, and Taxes [101325 - 101350] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101325. Whenever the governing body of any city or county determines that the expenses of the local health officer or other officers or employees in the enforcement of any statute, order, quarantine, or regulation prescribed by a state officer or department relating to public health, requires or authorizes its health officer or other officers or employees to perform specified acts that are not met by fees prescribed by the state, the governing body may adopt an ordinance or resolution prescribing fees to pay the reasonable expenses of the health officer or other officers or employees incurred in the enforcement, and may authorize a direct assessment against the real property in cases where the real property is owned by the operator of a business and the property is the subject of the enforcement. The schedule of fees prescribed by ordinance or resolution of the governing body shall be applicable in the area in which the local health officer or other officers or employees enforce any statute, order, quarantine, or regulation prescribed by a state officer or department relating to public health. (Amended by Stats. 1996, Ch. 1023, Sec. 302.8. Effective September 29, 1996.)
  170. 101330.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. Enforcement, Fees, Reimbursements, and Taxes [101325 - 101350] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    A designated fee-collecting officer must prepare a list of taxable parcels each August and send it to the county auditor, who must enter the assessment amounts on the roll.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. Enforcement, Fees, Reimbursements, and Taxes [101325 - 101350] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101330. On or before August of each year, the officer designated by the governing body to collect fees authorized by Section 101325, shall prepare a list of parcels of real property that are subject to these fees. On or before the tenth day of August of each year, the officer shall transmit the list to the county auditor and the auditor shall enter the amounts of the assessments against the respective parcels of land as they appear on the current assessment roll. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  171. 101335.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. Enforcement, Fees, Reimbursements, and Taxes [101325 - 101350] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The tax collector must put the listed assessment amounts on property tax bills, and the assessments must be shown separately.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. Enforcement, Fees, Reimbursements, and Taxes [101325 - 101350] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101335. The tax collector shall include the amounts of the assessments entered on the assessment roll pursuant to Section 101330 on bills for taxes levied against lots and parcels of land, and the assessments shall be listed separately on the tax bills. Thereafter, the assessment amounts shall be collected at the same time and in the same manner as county taxes are collected. If a county collects the assessments on behalf of a city, the county may deduct its reasonable costs incurred for its collections services before remitting the balance to the city treasury. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  172. 101340.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. Enforcement, Fees, Reimbursements, and Taxes [101325 - 101350] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The rules for levying, collecting, and enforcing county taxes also apply to special assessments under this article and Article 4.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. Enforcement, Fees, Reimbursements, and Taxes [101325 - 101350] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101340. All laws applicable to the levy, collection, and enforcement of county taxes are applicable to special assessments made pursuant to this article and Article 4. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  173. 101345.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. Enforcement, Fees, Reimbursements, and Taxes [101325 - 101350] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    Certain officers may record a fee certificate with the county recorder when direct assessment is not authorized, and the lienor must notify the liable person by certified mail before recording the lien.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. Enforcement, Fees, Reimbursements, and Taxes [101325 - 101350] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101345. In those instances where direct assessment is not authorized by Section 101325, if the officer charged with the billing and collection of the fees is a county officer, the officer may, with the approval of the governing body, record without fee, in the office of the county recorder, a certificate specifying the amount, interest, penalty due, and the name and last known address of the person liable for these fees. If the officer charged with the billing and collection of these fees is a city officer, the officer, with the approval of the governing body may, in those instances where direct assessment is not authorized by Section 101325, record with reasonable fee charge, in the office of the county recorder a certificate specifying the amount, interest, penalty due, name, and last known address of the person liable for these fees. From the time of recording of the certificate, the amount required to be paid together with interest and penalty constitutes a lien upon all real property in the county owned or later acquired by the liable person. The lien created by recording this certificate shall have the force, effect, and priority of a judgment lien and shall continue for 10 years from the time of the recording unless released or otherwise discharged prior to that time. Prior to recording the lien with the county recorder, the lienor shall notify the person liable for the fees by certified mail of the intent to record the certificate. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  174. 101350.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. Enforcement, Fees, Reimbursements, and Taxes [101325 - 101350] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    A county board of supervisors may levy a special tax on county property outside cities and use the proceeds for disease prevention, disease eradication, and general sanitation.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. Enforcement, Fees, Reimbursements, and Taxes [101325 - 101350] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101350. Any board of supervisors may levy a special tax on all the property in the county, outside of any city pursuant to Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code, and spend the proceeds to prevent the introduction of, and to eradicate, dangerous, infectious, or communicable diseases, and for general sanitation purposes. (Amended by Stats. 2009, Ch. 332, Sec. 76. (SB 113) Effective January 1, 2010.)
  175. 101375.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. County Health Administration for Cities [101375 - 101380] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    If a city’s governing body consents by resolution or ordinance, the county health officer must enforce and follow certain public health orders, quarantine regulations, and statutes in that city.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. County Health Administration for Cities [101375 - 101380] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101375. When the governing body of a city in the county consents by resolution or ordinance, the county health officer shall enforce and observe in the city all of the following: (a) Orders and quarantine regulations prescribed by the department and other regulations issued under this code. (b) Statutes relating to the public health. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  176. 101380.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. County Health Administration for Cities [101375 - 101380] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The city’s governing body must adopt a resolution or ordinance and serve a certified copy on the clerk of the board of supervisors by March 1. The county health officer’s services in the city start July 1 after notice is served, continue indefinitely, and end July 1 after notice of termination is served.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. County Health Administration for Cities [101375 - 101380] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101380. The resolution or ordinance shall be adopted and a certified copy served on the clerk of the board of supervisors on or before the first day of March of any year, and the services of the county health officer in the city shall commence on the first day of July following service of notice. The services shall continue indefinitely until the governing body of the city terminates them by adoption of a resolution and ordinance and service of a certified copy on the clerk of the board of supervisors on or before the first day of March of any subsequent year. The services of the county health officer shall terminate on the first day of July following service of notice. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  177. 101400.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Contracts for Local Health Administration [101400 - 101425] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The board of supervisors and a city’s governing body may each enter into contracts with each other for public health and sanitation enforcement and inspection work.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Contracts for Local Health Administration [101400 - 101425] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101400. The board of supervisors may contract with a city in the county, and the governing body of a city may contract with the county for the performance by health officers or other county employees of any or all enforcement functions within the city related to ordinances of public health and sanitation, and all inspections and other related functions. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  178. 101405.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Contracts for Local Health Administration [101400 - 101425] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    If a contract has been duly entered into, the county health officer and the officer’s deputies must exercise in the city the same powers and duties that city health officers have by law.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Contracts for Local Health Administration [101400 - 101425] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101405. Whenever a contract has been duly entered into, the county health officer and his or her deputies shall exercise the same powers and duties in the city as are conferred upon city health officers by law. (Amended by Stats. 1996, Ch. 1023, Sec. 303. Effective September 29, 1996.)
  179. 101410.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Contracts for Local Health Administration [101400 - 101425] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    A city may include payment terms in a contract for local health administration, including payment to the county treasurer.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Contracts for Local Health Administration [101400 - 101425] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101410. In the contract the city may provide, as specified in Section 101400, for payment by the city to the county to the county treasurer at times specified in the contract and shall be in an amount to repay the county for the entire cost of the services performed for the city as required in the enforcement of ordinances under the terms of the contract, as nearly as can be estimated or ascertained. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  180. 101415.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Contracts for Local Health Administration [101400 - 101425] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The board of supervisors may contract with a city’s governing body to have city health staff perform public-health functions in adjacent unincorporated territory.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Contracts for Local Health Administration [101400 - 101425] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101415. The board of supervisors may contract with the governing body of a city in the county to secure the performance by the city health officer or other city health employees of any or all functions related to public health in any unincorporated territory adjacent to the city. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  181. 101420.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Contracts for Local Health Administration [101400 - 101425] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The county must pay the city treasurer for the services specified in Section 101415 in the unincorporated territory.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Contracts for Local Health Administration [101400 - 101425] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101420. Payment for the services specified in Section 101415 in the unincorporated territory shall be made by the county to the city treasurer. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  182. 101425.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Contracts for Local Health Administration [101400 - 101425] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    A county board of supervisors or city governing body may contract with school authorities for local health officers or other public health employees to perform specified school-health functions.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 3. Contracts for Local Health Administration [101400 - 101425] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101425. The board of supervisors or the governing body of any city may contract with the county superintendent of schools or with the governing board of any school district located wholly or partially in the county or city for the performance by local health officers or other public health department employees of any or all of the functions and duties set forth in Chapter 9 (commencing with Section 49400) of Part 27 of the Education Code, relating to the health supervision of school buildings and of pupils enrolled in the schools of any or all school districts over which the county superintendent of schools, or the governing board or a school district, has jurisdiction. The contract may specify payment dates as agreed upon by the parties to the contract; payment shall be made as specified in the contract to the county treasurer or city treasurer. (Amended by Stats. 1996, Ch. 1023, Sec. 303.1. Effective September 29, 1996.)
  183. 101450.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 4. City Health Ordinances, Boards, and Officers [101450 - 101475] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    A city’s governing body must take necessary measures to protect public health.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 4. City Health Ordinances, Boards, and Officers [101450 - 101475] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101450. The governing body of a city shall take measures necessary to preserve and protect the public health, including the regulation of sanitary matters in the city, and including if indicated, the adoption of ordinances, regulations and orders not in conflict with general laws. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  184. 101455.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 4. City Health Ordinances, Boards, and Officers [101450 - 101475] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The governing body may appoint a board of health that advises the health officer.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 4. City Health Ordinances, Boards, and Officers [101450 - 101475] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101455. This article does not prevent the appointment by the governing body of a board of health that shall be advisory to the health officer. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  185. 101460.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 4. City Health Ordinances, Boards, and Officers [101450 - 101475] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    A city’s governing body must appoint a health officer unless the city has made other code-specified arrangements for the county to exercise the same powers and duties in the city.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 4. City Health Ordinances, Boards, and Officers [101450 - 101475] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101460. Every governing body of a city shall appoint a health officer, except when the city has made other arrangements, as specified in this code, for the county to exercise the same powers and duties within the city, as are conferred upon city health officers by law. (Amended by Stats. 1996, Ch. 1023, Sec. 303.2. Effective September 29, 1996.)
  186. 101465.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 4. City Health Ordinances, Boards, and Officers [101450 - 101475] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    After a city health officer is appointed, the governing body must notify the director of the appointment and provide the appointee’s name and address.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 4. City Health Ordinances, Boards, and Officers [101450 - 101475] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101465. Immediately after the appointment of the city health officer the governing body shall notify the director of the appointment and the name and address of the appointee. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  187. 101470.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 4. City Health Ordinances, Boards, and Officers [101450 - 101475] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    Each city health officer must enforce and follow specified city public-health orders, regulations, and statutes.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 4. City Health Ordinances, Boards, and Officers [101450 - 101475] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101470. Each city health officer shall enforce and observe all of the following: (a) Orders and ordinances of the governing body of the city pertaining to the public health. (b) Orders, quarantine and other regulations, concerning the public health, prescribed by the department. (c) Statutes relating to the public health. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996. Note: See Section 504 (from which this section is derived) as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.)
  188. 101475.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 4. City Health Ordinances, Boards, and Officers [101450 - 101475] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    The city health officer may take necessary preventive measures during certain emergencies and, with consent, may certify disaster-related public health hazards when needed for disaster relief programs.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 4. City Health Ordinances, Boards, and Officers [101450 - 101475] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101475. The city health officer may take any preventive measure that may be necessary to protect and preserve the public health from any public health hazard during any “state of war emergency,” “state of emergency,” or “local emergency,” as defined by Section 8558 of the Government Code, within his or her jurisdiction. “Preventive measure” means abatement, correction, removal or any other protective step that may be taken against any public health hazard that is caused by a disaster and affects the public health. Funds for these measures may be allowed pursuant to Sections 29127 to 29131, inclusive, and 53021 to 53023, inclusive, of the Government Code and from any other money appropriated by a board of supervisors of a county or governing body of a city to carry out the purposes of this section. The city health officer, with consent of the board of supervisors of a county or the governing body of the city, may certify any public health hazard resulting from any disaster condition if certification is required for any federal or state disaster relief program. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  189. 101480.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 5. Released Waste [101480 - 101490] ( Article 5 added by Stats. 1996, Ch. 1023, Sec. 303.3. )

    Verify source ↗

    This section lets a responsible party ask a local officer to oversee cleanup of a released waste site, but only if the site is not already overseen by the department or regional board and the local officer meets stated conditions.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 5. Released Waste [101480 - 101490] ( Article 5 added by Stats. 1996, Ch. 1023, Sec. 303.3. ) ## 101480. (a) For purposes of this article, the following definitions apply: (1) “Department” means the Department of Toxic Substances Control. (2) “Local officer” means a county health officer, city health officer, or county director of environmental health who has been granted authority by the city’s or county’s governing body to enter into a remedial action agreement and oversee a remedial investigation or remedial action, or both, at a waste release site. (3) “Operation and maintenance” means those activities initiated or continued at a waste release site following completion of a remedial action deemed necessary to protect public health, safety, or the environment, to maintain the effectiveness of the remedial action at the waste release site, or to achieve or maintain the cleanup goals established in a remedial action agreement pursuant to paragraph (1) of subdivision (c). (4) “Person” has the same meaning as set forth in Section 25118. (5) “Regional water quality control board” means an entity formed pursuant to Section 13201 of the Water Code. (6) “Release” has the same meaning as set forth in subdivision (a) of Section 78105. (7) “Remedial action” or “remediation” means any action taken by a responsible party to clean up a released waste, to abate the effects of a released waste, or to prevent, minimize, or mitigate damages that may result from the release of a waste. “Remedial action” includes the restoration, rehabilitation, or replacement of any natural resource damaged or lost as a result of the release of a waste. (8) “Remedial action agreement” means an agreement between a local officer and a responsible party pursuant to which the local officer oversees the investigation, remediation, or operation and maintenance of a waste release site that includes the information set forth in paragraph (1) of subdivision (c). (9) “Remedial investigation” or “investigation” means those actions deemed necessary to determine the full extent of a waste release at a site, identify the public health and environmental threat posed by the waste release, collect data on possible remedies, and otherwise evaluate the waste release site for purposes of developing a remedial action. (10) “Responsible party” means a person who, pursuant to this section, requests a local officer to oversee a remedial investigation or remedial action, or both, with respect to a released waste. (11) “State board” means the State Water Resources Control Board. (12) “Waste” has the same meaning as set forth in subdivision (b) of Section 101075. (b) Whenever a release of waste occurs and remedial action is required, and that waste release site is not being overseen by the department or the regional water quality control board, a responsible party may request the local officer to oversee the remedial investigation or remedial action, or both. A local officer may agree to oversee the remedial investigation or remedial action, or both, if the local officer determines, based on available information, that staff resources and the requisite technical expertise and capabilities are available to the local officer to adequately oversee the remedial investigation or remedial action, or both, and if the local officer has met both of the following requirements: (1) The local officer has complied with the notification requirements in Section 101487. (2) The local officer has, within the past 12 months, submitted to the department and the regional water quality control board all of the following information: (A) A description of the technical expertise and staff resources available to the local officer to oversee the investigation or remediation, or both, of waste release sites, including the résumés of appropriately licensed professionals, licensed pursuant to Chapter 7 (commencing with Section 6700) of, or Chapter 12.5 (commencing with Section 7800) of, Division 3 of the Business and Professions Code. The local officer shall submit to the department and the regional water quality control board information on any substantial changes to staff resources described in this subparagraph within 30 days of those changes. (B) Certification that all applicable requirements of this code and Division 7 (commencing with Section 13000) of the Water Code will be adhered to and that, if enforcement action is necessary, the appropriate enforcement action will be conducted. If the local officer lacks the necessary enforcement authority, the local officer shall notify the department and the regional water quality control board regarding the status of the case and the need for enforcement assistance. (C) Attestation that accurate records will be maintained and kept up to date, including through the use of the state board’s GeoTracker electronic data management system, and kept in compliance with the electronic reporting requirements in Chapter 30 (commencing with Section 3890) of Division 3 of Title 23 of, and Subdivision 2 of Division 3 of Title 27 of, the California Code of Regulations, or any successor regulations. (c) (1) Oversight of a remedial investigation or remedial action, or operation and maintenance of a waste release site, carried out under this section shall be conducted only pursuant to a remedial action agreement entered into by a local officer and a responsible party. The remedial action agreement shall specify all of the following information: (A) The scope of the proposed remedial investigation the responsible party will carry out to determine the type and extent of contamination caused by the released waste that is the subject of the remedial investigation or remedial action. (B) Proposed remedial actions. (C) Reporting and public notification requirements. (D) Actions that may be taken in the event of the responsible party’s noncompliance with state or local agency directives. (E) The cleanup goals that the local officer determines are necessary to comply with applicable provisions of this code and the Water Code, and all associated regulations, in order to protect human health, safety, or the environment, and that, if met, constitute a permanent remedy to the release of the waste. (2) The local officer and the responsible party may amend the remedial action agreement to update the information outlined in paragraph (1) as additional information about the waste release site becomes available. (d) A local officer who enters into a remedial action agreement, as described in paragraph (1) of subdivision (c), may, after giving a responsible party at least 30 days’ notice, withdraw from the agreement at any time for one or more of the following reasons: (1) The responsible party is not in compliance with the remedial action agreement. (2) Staff resources, technical expertise, or technical capabilities are not available to the local officer to adequately oversee the remedial investigation or remedial action, or both. (3) The release of the waste that is the subject of the remedial investigation or remedial action, or both, is of a sufficiently complex nature or may present such a significant potential hazard to human health, safety, or the environment that it should be referred to the department or the regional water quality control board. (e) (1) Within 30 days of receiving a notification from a local officer pursuant to Section 101487, the department or the regional water quality control board shall inform the local officer in writing if the department or the regional water quality control board will retain oversight authority for the waste release site. (2) If the department or the regional water quality control board informs a local officer that they will retain oversight authority for the waste release site, the response described in paragraph (1) shall include all of the following: (A) A brief description of the department’s or the regional water quality control board’s reasons for retaining oversight authority. (B) The name, phone number, and email address of the technical staff at the department or the regional water quality control board who made the determination. (C) The internet website address of the electronic data management system where public records will be posted regarding the waste release site. (f) (1) If the department or the regional water quality control board informs a local officer that they will retain oversight authority for the waste release site pursuant to this section, the local officer shall not enter into a remedial action agreement for that site. (2) If the department and the regional water quality control board notify a local officer that they will not retain oversight authority for the waste release site pursuant to this section, through either a written statement or by not responding within 30 days from the date of the notification from a local officer pursuant to Section 101487, the local officer may enter a remedial action agreement for the site and, upon doing so, shall establish a global identification number and public record for the site in the state board’s GeoTracker electronic data management system and shall upload a copy of the agreement under that global identification number. (g) The department or a regional water quality control board shall not assume regulatory oversight authority over a waste release site for which they have received a notification from a local officer pursuant to Section 101487 or after a remedial action agreement has been entered into unless the department or the regional water quality control board makes one or more of the following determinations: (1) The remedial action being proposed for the waste release site will be insufficient to address the contamination caused by the released waste that is the subject of the remedial action. (2) The staff resources, technical expertise, or technical capabilities described in subparagraph (A) of paragraph (2) of subdivision (b) are no longer available to the local officer. (3) The responsible party is not in compliance with the remedial action agreement and the local officer lacks the necessary enforcement authority to ensure compliance with the remedial action agreement. (4) The release of the waste that is the subject of the remedial investigation or remedial action, or both, is of a sufficiently complex nature or may present such a significant potential hazard to human health, safety, or the environment that it should be handled by the department or the regional water quality control board. (h) (1) After a remedial action agreement has been entered into by a local officer, the department or a regional water quality control board shall notify the local officer in writing if the department or the regional water quality control board will assume oversight authority over the waste release site pursuant to the authority referenced in Section 101485. (2) The notification described in paragraph (1) shall occur with a minimum 30 days’ notice, after which the remedial action agreement shall no longer be valid. (3) Nothing in the notification described in paragraph (1) shall preclude a local officer from recovering any costs from the responsible party that the local officer incurred under the terms of the remedial action agreement before its termination. (i) A local officer shall ensure compliance with the electronic reporting requirements of Chapter 30 (commencing with Section 3890) of Division 3 of Title 23 of, and Subdivision 2 of Division 3 of Title 27 of, the California Code of Regulations, or any successor regulations. The electronic reporting requirements shall be included as a provision of a remedial action agreement. (j) (1) At least 30 days before certifying that the cleanup goals identified in the remedial action agreement were accomplished pursuant to paragraph (2), a local officer shall conduct a public notification process that shall include, at a minimum, both of the following: (A) Notifying the department, the regional water quality control board, agencies with authority to issue building permits for land affected by the waste release, owners and occupants of the property impacted by the waste release, and the owners and occupants of all parcels adjacent to the waste release site. (B) Posting the public notice on the state board’s GeoTracker electronic data management system under the global identification number established for the waste release site. (2) After determining that a responsible party has completed the actions required by the remedial action agreement and that a permanent remedy for the release of waste has been achieved, the local officer shall provide the responsible party with a document that describes the release of waste that occurred and the remedial action taken, and certifies that the cleanup goals embodied in the remedial action agreement were accomplished. The local officer shall post the document on the state board’s GeoTracker electronic data management system under the global identification number established for the waste release site. (3) (A) Paragraphs (1) and (2) apply to a remedial action agreement entered into on or after January 1, 2022, and an open remedial action agreement entered into before January 1, 2022. (B) A local officer shall ensure that a global identification number and public record is established in the state board’s GeoTracker electronic data management system for a waste release site for which the local agency is overseeing a remedial action or remedial investigation, or both, pursuant to an open remedial action agreement entered into before January 1, 2022. Commencing on January 1, 2022, the local agency shall maintain all documents related to that waste release site in compliance with the electronic reporting requirements in Chapter 30 (commencing with Section 3890) of Division 3 of Title 23 of, and Subdivision 2 of Division 3 of Title 27 of, the California Code of Regulations, or any successor regulations. (C) For purposes of this paragraph, “open remedial action agreement” means a remedial action agreement entered into by a local agency and a responsible party before January 1, 2022, for a waste release site for which the local agency, as of January 1, 2022, has not certified that the cleanup goals embodied in the remedial action agreement were accomplished pursuant to paragraph (2). (k) Except as provided in paragraph (3) of subdivision (j), the amendments made to this section by Assembly Bill 304 of the 2021–22 Regular Session apply to a remedial action agreement entered into on or after January 1, 2022, and this section applies as it read on December 31, 2021, with regard to a remedial action agreement entered into before January 1, 2022. (Amended by Stats. 2022, Ch. 258, Sec. 111. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  190. 101483.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 5. Released Waste [101480 - 101490] ( Article 5 added by Stats. 1996, Ch. 1023, Sec. 303.3. )

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    This article does not apply to certain listed hazardous substance release sites, cleanup/order sites, or facilities subject to specified requirements.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 5. Released Waste [101480 - 101490] ( Article 5 added by Stats. 1996, Ch. 1023, Sec. 303.3. ) ## 101483. This article shall not apply to any of the following: (a) A hazardous substance release site listed pursuant to Article 5 (commencing with Section 78760) of Chapter 4 of Part 2 of Division 45, a site subject to an order or enforceable agreement issued pursuant to Article 1 (commencing with Section 78650) of Chapter 4 of Part 2 of Division 45 or Section 78870 or 79055, or a site where the department has initiated action pursuant to Article 10 (commencing with Section 79130) of Chapter 5 of Part 2 of Division 45. (b) A site subject to a corrective action order or agreement issued pursuant to Section 25187. (c) A site subject to a cleanup and abatement order issued pursuant to Section 13304 of the Water Code. (d) A facility that is subject to the requirements of Section 25200.10 or 25200.14. (Amended by Stats. 2022, Ch. 258, Sec. 112. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  191. 101485.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 5. Released Waste [101480 - 101490] ( Article 5 added by Stats. 1996, Ch. 1023, Sec. 303.3. )

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    This section says the article does not stop the department, the regional water quality control board, or the state board from assuming jurisdiction over a waste release site, and it does not stop the boards from taking enforcement action under the stated code provisions.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 5. Released Waste [101480 - 101490] ( Article 5 added by Stats. 1996, Ch. 1023, Sec. 303.3. ) ## 101485. This article does not prohibit the department from assuming jurisdiction over a waste release site pursuant to Part 2 (commencing with Section 78000) of Division 45, or the regional water quality control board or the state board from assuming jurisdiction over a waste release site or from taking enforcement action against a waste release site pursuant to Division 7 (commencing with Section 13000) of the Water Code. (Amended by Stats. 2022, Ch. 258, Sec. 113. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  192. 101487.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 5. Released Waste [101480 - 101490] ( Article 5 added by Stats. 1996, Ch. 1023, Sec. 303.3. )

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    A local officer must give written notice to the department and the regional water quality control board before entering a remedial action agreement, and the notice must include specified site and contact details.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 5. Released Waste [101480 - 101490] ( Article 5 added by Stats. 1996, Ch. 1023, Sec. 303.3. ) ## 101487. (a) A local officer shall provide written notification to the department and the regional water quality control board of the local officer’s intention to enter into a remedial action agreement with a responsible party pursuant to paragraph (1) of subdivision (c) of Section 101480. The written notification shall include all of the following: (1) The name and address of the responsible party. (2) The name and address of the current owner of the waste release site, if different than the responsible party. (3) The address and location of the waste release site to which the remedial action agreement will apply. (4) A description of any known or planned local, state, or federal regulatory involvement at the waste release site. (5) A preliminary description of the waste release and, if known, the anticipated investigation or remediation to be performed under the remedial action agreement. (6) The name, phone number, and email address of the local officer’s technical staff who are available to oversee the remediation of the waste release site. (b) The amendments made to this section by Assembly Bill 304 of the 2021–22 Regular Session apply to a remedial action agreement entered into on or after January 1, 2022. For a remedial action agreement entered into before January 1, 2022, this section applies as it read on December 31, 2021. (Amended by Stats. 2021, Ch. 698, Sec. 5. (AB 304) Effective January 1, 2022.)
  193. 101490.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 5. Released Waste [101480 - 101490] ( Article 5 added by Stats. 1996, Ch. 1023, Sec. 303.3. )

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    A local officer may charge the responsible party a fee to recover reasonable and necessary costs for carrying out this article.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 3. LOCAL HEALTH DEPARTMENTS [101000 - 101490] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 4. Additional Administrative Provisions [101325 - 101490] ( Chapter 4 (1st of two) added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 5. Released Waste [101480 - 101490] ( Article 5 added by Stats. 1996, Ch. 1023, Sec. 303.3. ) ## 101490. A local officer may charge the responsible party a fee to recover the reasonable and necessary costs incurred in carrying out this article. (Added by Stats. 1996, Ch. 1023, Sec. 303.3. Effective September 29, 1996.)
  194. 101525.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 1. Sonoma County Dental Health Authority [101525 - 101530] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 3. )

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    Sonoma County’s Board of Supervisors may create a dental health authority by ordinance, and the authority must bill Medi-Cal for covered services.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 1. Sonoma County Dental Health Authority [101525 - 101530] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101525. (a) The Legislature finds and declares that it is necessary that a special authority be established in Sonoma County in order to meet the problems of the delivery of publicly assisted and indigent dental health care in the county. Because there is no general law under which this authority could be formed, the adoption of a special act and the formation of a special authority is required. (b) The Board of Supervisors of Sonoma County may, by ordinance, establish the Sonoma County Dental Health Authority to receive state funds and technical assistance for the purpose of managing a dental health care delivery program for indigent persons and Medi-Cal recipients covered under the Denti-Cal program. The enabling ordinance shall specify the membership of the authority, the qualifications of members, the manner of appointment, selection, or removal of members, and their term of office, and any other matters that the board of supervisors deems necessary or convenient for the conduct of the authority’s activities. The authority so established shall be considered an entity separate from the county, shall file the statement required by Section 53051 of the Government Code, and shall have the rights, powers, duties, privileges conferred by this chapter, the power to acquire, possess, and dispose of real or personal property, as may be necessary for the performance of its functions, to employ personnel and contract for services required to meet its obligations, and to sue or be sued. Any obligations of the authority, statutory, contractual, or otherwise, shall be the obligations solely of the authority and shall not be the obligations of the county or of the state unless expressly provided for in a contract or grant agreement between the authority and the county or the state. (c) The authority shall bill the Medi-Cal program for services provided to Medi-Cal recipients. (d) In the event the authority no longer functions for the purposes for which it was established, the board of supervisors may, by ordinance, terminate the authority at that time as the authority’s then existing obligations have been satisfied or the authority’s assets have been exhausted. Prior to the termination of the authority, the board of supervisors shall notify the department of its intent to terminate the authority and shall provide the department with an accounting of the assets and liabilities of the authority. (e) Any assets of the authority shall be disposed of pursuant to provisions contained in the grant agreement entered into between the state and the authority pursuant to this chapter. (f) Notwithstanding the provisions of this chapter, the department may not enter into any arrangement with the authority to provide case management or fiscal intermediary services for dental health care provided to Medi-Cal recipients. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  195. 101530.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 1. Sonoma County Dental Health Authority [101525 - 101530] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 3. )

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    The department must allocate certain appropriated funds to the Sonoma County Dental Health Authority and must allow it to charge some indigent patients a fee based on ability to pay, but not extra fees to Medi-Cal recipients for covered services.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 1. Sonoma County Dental Health Authority [101525 - 101530] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101530. (a) The department shall allocate any funds appropriated for that purpose to the Sonoma County Dental Health Authority for the provision of dental care and dental hygiene services for Medi-Cal to recipients covered under the Denti-Cal program, and for indigent persons in Sonoma County. (b) The department shall permit the Sonoma County Dental Health Authority to impose a fee upon any indigent persons served by the program, commensurate with their ability to pay. An additional fee shall not be imposed upon Medi-Cal recipients for services covered by that program. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  196. 101550.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Monterey County Special Health Care Authority [101550 - 101650] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [101550 - 101565] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. )

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    The Monterey County Board of Supervisors may create the Monterey County Special Health Care Authority by ordinance or resolution, and the authority must cover both incorporated and unincorporated county areas.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Monterey County Special Health Care Authority [101550 - 101650] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [101550 - 101565] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101550. The Board of Supervisors of the County of Monterey may by ordinance or resolution order the formation of the Monterey County Special Health Care Authority under this chapter that shall include all of the incorporated and unincorporated areas of the county. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  197. 101555.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Monterey County Special Health Care Authority [101550 - 101650] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [101550 - 101565] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. )

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    This chapter may be cited as the Monterey County Special Health Care Authority Act.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Monterey County Special Health Care Authority [101550 - 101650] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [101550 - 101565] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101555. This chapter shall be known and may be cited as the Monterey County Special Health Care Authority Act. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
  198. 101560.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Monterey County Special Health Care Authority [101550 - 101650] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [101550 - 101565] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. )

    Verify source ↗

    This section defines terms used in the chapter and says, for this part, that medical services/benefits and health care do not include dental care.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Monterey County Special Health Care Authority [101550 - 101650] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [101550 - 101565] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101560. Unless the context otherwise requires, this article governs the construction of this chapter. As used in this chapter: (a) “Authority” means the Monterey County Special Health Care Authority. (b) “Board” means the Monterey County Special Health Care Authority Board. (c) “County” means the County of Monterey. (d) “Health care system” means any system established to arrange for the provision of medical services. (e) “Public agency” means the United States, the State of California, any political subdivision, county, municipality, district, or agency of the State of California or of the United States and any department, bureau, or commission of the State of California or of the United States. (f) “Person” means any individual, firm, partnership, association, corporation, limited liability company, trust, business trust, or the receiver or trustee or conservator for any of the above, but does not include a public agency. (g) “The professional advisory board” means that advisory board to the authority’s board composed of nine health and medical care professionals appointed by the Monterey County Board of Supervisors, five of whom shall be nominated by the Monterey County Medical Society, with at least one to be a member of the Monterey County Chapter of the American Academy of Family Physicians, one of whom shall be nominated by Natividad Medical Center, one of whom shall be nominated by the Monterey County Hospital Administrators’ Association, and two of whom shall be nominated by other organizations in the County of Monterey representing other professional health care providers. (h) “The community advisory board” means that advisory board to the authority’s board appointed by the Monterey County Board of Supervisors which is comprised of 15 persons who represent community and consumer interests and who do not directly earn their income from the provision of medical or health services. (i) For the purposes of this part, the term “medical services or medical benefits” does not include dental care or dental benefits. (j) For the purposes of this part, the term “health care” does not include dental care. (Amended by Stats. 2019, Ch. 632, Sec. 8. (AB 1622) Effective January 1, 2020.)
  199. 101565.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Monterey County Special Health Care Authority [101550 - 101650] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [101550 - 101565] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. )

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    This section deems specified authority board and committee members to be members of a peer review committee under Civil Code Section 43.7.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Monterey County Special Health Care Authority [101550 - 101650] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 1. General Provisions [101550 - 101565] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101565. Notwithstanding any other provision of law, the board of directors of the authority, members of its community advisory board, members of its professional advisory board, and members of committees of those boards, shall be deemed members of a peer review committee within the meaning of Section 43.7 of the Civil Code. (Added by Stats. 1996, Ch. 1023, Sec. 303.5. Effective September 29, 1996.)
  200. 101575.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Monterey County Special Health Care Authority [101550 - 101650] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Board of Directors [101575 - 101620] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. )

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    The authority is governed by a nine-member board, with seats filled by county supervisors, advisory boards, and the Governor.

    ## Health and Safety Code - HSC ## DIVISION 101. ADMINISTRATION OF PUBLIC HEALTH [100100 - 101997] ( Division 101 added by Stats. 1995, Ch. 415, Sec. 3. ) ## PART 4. SPECIAL HEALTH AUTHORITIES [101525 - 101881] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 3. ) ## CHAPTER 2. Monterey County Special Health Care Authority [101550 - 101650] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## ARTICLE 2. Board of Directors [101575 - 101620] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 3. ) ## 101575. The government of the authority shall be vested in a board of directors that shall consist of nine members, selected as follows: (a) Five members, one from each supervisorial district, shall be appointed by the Monterey County Board of Supervisors. (b) One member, who shall be a current member of the professional advisory board, shall be nominated by the authority’s professional advisory board and confirmed by the Monterey County Board of Supervisors and serve a one-year term. (c) One member, who shall be a current member of the community advisory board, shall be nominated by the authority’s community advisory board and confirmed by the Monterey County Board of Supervisors and serve a one-year term. (d) Two members, both of whom shall be residents of Monterey County, shall be appointed by the Governor. The Governor shall make the appointments from a list containing at least three nominations by the Monterey County Board of Supervisors. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)

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