Health and Safety Code — Part 21 | HSC — United States — California law | Esheria

Health and Safety Code

Part 21 of 87 · provisions 4,001–4,200

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

Jurisdiction
United States — California
Instrument
Code
Citation
HSC
Version
Undated source snapshot
Language
en
Official source
View official record ↗
Complete work
View statute overview
911 call processing AED access AED compliance AED maintenance AI in healthcare review AIDS AIDS clinical trials AIDS disclosure AIDS prevention AIDS program administration AIDS research AIDS services AIDS treatment subsidy API access APIs Alzheimer’s care Alzheimer’s disease programs American Indian mortality CAQH CBD CEQA compliance COBRA COVID-19 COVID-19 public health orders +15,819 more

Statute overview

About this statute

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.

Read the provisions Ask with citations

Legal text

Provisions of Health and Safety Code

Showing 200 of 17,333

  1. 119310.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 3. Practitioner Registration [119306 - 119311] ( Article 3 added by Stats. 2011, Ch. 638, Sec. 2. )

    Verify source ↗

    Jewelry used in newly pierced skin must be sterilized or presterilized, and only specified biocompatible materials may be used.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 3. Practitioner Registration [119306 - 119311] ( Article 3 added by Stats. 2011, Ch. 638, Sec. 2. ) ## 119310. (a) Jewelry placed in newly pierced skin shall be sterilized prior to piercing as specified in Section 119315 or shall be purchased presterilized. Sterile jewelry packs shall be evaluated before use and, if the integrity of a pack is compromised, including, but not limited to, being torn, wet, or punctured, the pack shall be discarded or reprocessed before use. (b) Only jewelry made of ASTM F138, ISO 5832-1, and AISI 316L or AISI 316LVM implant grade stainless steel, solid 14-karat through 18-karat yellow or white gold, niobium, ASTM F 136 6A4V titanium, platinum, or other materials found to be equally biocompatible shall be placed in newly pierced skin. (c) Ear piercing equipment with a disposable, single-use, presterilized stud and clasp may be used only for piercing the ear pursuant to Article 7 (commencing with Section 119325). (d) If measuring the body piercing site is necessary, clean calipers shall be used and the skin marked using clean toothpicks and ink or a single-use marking pen. (Amended by Stats. 2013, Ch. 555, Sec. 8. (AB 1168) Effective January 1, 2014.)
  2. 119311.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 3. Practitioner Registration [119306 - 119311] ( Article 3 added by Stats. 2011, Ch. 638, Sec. 2. )

    Verify source ↗

    This section requires specific single-use, sterile, and contamination-prevention practices for tattooing and permanent cosmetics.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 3. Practitioner Registration [119306 - 119311] ( Article 3 added by Stats. 2011, Ch. 638, Sec. 2. ) ## 119311. (a) A product applied to the skin prior to tattooing or application of permanent cosmetics, including, but not limited to, stencils and marking and transfer agents, including pens, shall be single use and discarded into a waste container at the end of the procedure unless the product can be disinfected for reuse. (b) Only commercially manufactured inks, dyes, and pigments shall be used. (c) Inks, pigments, soaps, and other products in multiple-use containers shall be dispensed in a manner to prevent contamination of the storage container and its remaining contents through the use of a single-use receptacle. (d) Inks and pigments shall be placed into a clean, single-use receptacle. The inks and pigments remaining in the receptacle shall be discarded immediately upon completion of the procedure. (e) If a tray is used for inks or pigments, it shall be decontaminated after each procedure. (f) Only single-use needles and needle bars shall be used in tattooing and the application of permanent cosmetics. Needles and needle bars that are purchased in a nonsterilized state, shall be sterilized, pursuant to the process required by Section 119315. (g) Needles, needle bars, grommets, and razors shall be discarded into a sharps waste container immediately upon completion of the procedure. (h) Any part of a tattooing machine that may be touched by the practitioner during the procedure shall be covered with a disposable plastic sheath that is discarded upon completion of the procedure, and the machine shall be decontaminated upon completion of the procedure. (i) A machine used to insert pigments shall be designed with removable tip parts between the tip and motor housing, and in a manner that will prevent backflow into enclosed parts of the motor housing. (j) A hand tool used to insert pigment shall be disposed of in a sharps container, with the sharps intact, unless the needle can be mechanically ejected from the hand tool. (Added by Stats. 2011, Ch. 638, Sec. 2. (AB 300) Effective January 1, 2012. Operative July 1, 2012, by Sec. 3 of Ch. 638.)
  3. 119312.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 4. Permanent Body Art Facilities [119312 - 119315] ( Article 4 added by Stats. 2011, Ch. 638, Sec. 2. )

    Verify source ↗

    Body art facilities need a valid health permit, must meet posting and registration rules, and owners must report staff changes and obtain required permits.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 4. Permanent Body Art Facilities [119312 - 119315] ( Article 4 added by Stats. 2011, Ch. 638, Sec. 2. ) ## 119312. (a) A body art facility shall not conduct business without a valid health permit. (b) No body art facility shall allow a practitioner who does not possess a valid practitioner registration to perform body art procedures at the facility. (c) An owner of a body art facility shall notify the local enforcement agency in writing within 30 days of the resignation, termination, or new hire of a body art practitioner at the body art facility. (d) The application for a health permit for a body art facility shall include all of the following: (1) A copy of the facility’s infection prevention control plan, as required by Section 119313. (2) A fee, as set by the local enforcement agency at an amount not to exceed the amount necessary but that is sufficient to cover the actual costs of administration of the program. Fees established by this section shall be used exclusively in support of activities pursuant to this chapter. (e) The local enforcement agency shall issue a health permit after an investigation has determined that the proposed body art facility and its method of operation meets the specifications of the approved plans or conforms to the requirements of this article. (f) A health permit is valid only for the location of the facility and the time period indicated on the permit and may not be transferred to another owner or facility. (g) The health permit shall be posted in a conspicuous place at the body art facility. Certificates of registration for all practitioners performing body art in that facility shall also be prominently displayed either near the health permit or at the individual practitioner’s procedure area if each practitioner has a designated area. (h) A person proposing to construct a practice site or mobile practice site, other than a temporary body art event booth, shall submit plans to the Plan Review Unit of the local enforcement agency. The plans shall be approved in advance of the issuance of a building, plumbing, or electrical permit. All required corrections must be made and the body art facility approved to open before body art can be performed in the facility. (i) Health permits shall be renewed annually through a process to be determined by the local enforcement agency. (j) The county may suspend or revoke the permit of a body art facility if a person who does not possess a valid practitioner registration is allowed to perform body art. (k) An owner who operates a body art facility shall obtain all necessary permits to conduct business, including, but not limited to, a permit issued by a local enforcement agency. In addition to the penalties available pursuant to Article 6 (commencing with Section 119320), an owner who violates this subdivision shall be subject to the closure of the facility and a penalty not to exceed three times the cost of the permit. (Amended by Stats. 2013, Ch. 555, Sec. 9. (AB 1168) Effective January 1, 2014.)
  4. 119313.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 4. Permanent Body Art Facilities [119312 - 119315] ( Article 4 added by Stats. 2011, Ch. 638, Sec. 2. )

    Verify source ↗

    Body art facilities must maintain a written infection prevention and control plan, keep it updated, train onsite staff on it, and retain training records for three years.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 4. Permanent Body Art Facilities [119312 - 119315] ( Article 4 added by Stats. 2011, Ch. 638, Sec. 2. ) ## 119313. (a) A body art facility shall maintain and follow a written Infection Prevention and Control Plan, provided by the owner or established by the practitioners, specifying the procedures to achieve compliance with each applicable requirement of this chapter. (b) The Infection Prevention and Control Plan shall include all of the following: (1) Procedures for cleaning and decontaminating environmental surfaces. (2) Procedures for cleaning, decontaminating, packaging, sterilizing, and storing reusable instruments. (3) Procedures for protecting clean instruments and sterile instrument packs from exposure to dust and moisture during storage. (4) A setup and teardown procedure for any form of body art performed at the body art facility. (5) Techniques to prevent the contamination of instruments or the procedure site during the performance of body art. (6) Procedures for safe handling and disposal of sharps waste. (c) The Infection Prevention and Control Plan shall be revised when changes are made in infection prevention practices, procedures, or tasks. (d) Onsite training on the facility’s Infection Prevention and Control Plan shall take place when tasks where occupational exposure may occur are initially assigned, any time there are changes in the procedures or tasks, and when new technology is adopted for use in the facility, but not less than once each year. (e) Records of training required pursuant to this section shall be maintained for three years and shall be available for inspection upon request of the enforcement officer. (Amended by Stats. 2013, Ch. 555, Sec. 10. (AB 1168) Effective January 1, 2014.)
  5. 119314.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 4. Permanent Body Art Facilities [119312 - 119315] ( Article 4 added by Stats. 2011, Ch. 638, Sec. 2. )

    Verify source ↗

    Body art facilities must meet specific sanitation, separation, waste, and equipment requirements, with limited exceptions.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 4. Permanent Body Art Facilities [119312 - 119315] ( Article 4 added by Stats. 2011, Ch. 638, Sec. 2. ) ## 119314. (a) With the exception of a temporary demonstration booth, as specified in Sections 119317 and 119318, a body art facility shall comply with all of the following: (1) Have floors, walls, and ceilings. (2) Have floors and walls that are smooth, nonabsorbent, free of open holes, and washable. (3) Be free of insect and rodent infestation. (4) Be separate from any residential areas used for sleeping, bathing, or meal preparation. A body art facility associated with a residential dwelling shall have a separate entrance and toilet facility, and shall not have a door allowing direct access between the body art facility and the residential dwelling. (5) Have adequate toilet facilities, in accordance with the specifications of the State Building Standards Code, local building standard codes, and any other local ordinance. The sink shall be supplied with hot and cold running water, containerized liquid soap, and single-use paper towels that are dispensed from a wall-mounted, touchless dispenser. (b) Procedure areas in a body art facility shall meet all of the following standards: (1) Be equipped with a light source that provides adequate light at the procedure area. (2) Be separated, by a wall or ceiling-to-floor partition, from nail and hair activities. (3) Be separated from all business not related to body art, at the discretion of the local enforcement agency. (4) Be equipped with a sink supplied with hot and cold running water, containerized liquid soap, and single-use paper towels that are dispensed from a wall-mounted, touchless dispenser that is accessible to the practitioner. (5) All sinks shall be permanently plumbed and meet local building and plumbing codes. Facilities that were issued a permit prior to January 1, 2014, shall have until July 1, 2014, to comply with this section. (6) All counter surfaces and service trays shall have a smooth, durable, and nonabsorbent finish. (c) Decontamination and sterilization areas within a body art facility shall meet all of the following requirements: (1) Be separated from procedure areas by a space of at least five feet or by a cleanable barrier. (2) Be equipped with a sink, hot and cold running water, containerized liquid soap, and single-use paper towels dispensed from a wall-mounted, touchless dispenser that is readily accessible to the practitioner. (d) Each procedure area shall have lined waste containers. (e) Each procedure area shall have a sharps waste container that meets the following requirements: (1) The sharps waste container shall be portable, if portability is necessary to ensure that the sharps waste container is within arm’s reach of the practitioner. (2) The sharps waste container shall be labeled with the words “sharps waste” or with the international biohazard symbol and the word “BIOHAZARD.” (3) All sharps waste produced during the process of tattooing, body piercing, or the application of permanent cosmetics shall be disposed by either of the following methods: (A) Removal and disposal by a licensed waste hauler. Materials shall be disposed of at a licensed treatment facility or removed and transported through a mail-back system authorized by the State Department of Public Health. (B) As solid waste, after being disinfected by a method approved by the department pursuant to paragraph (3) of subdivision (a) of Section 118215. (4) Documentation of proper disposal of sharps waste shall be maintained for three years and shall be available for inspection at the request of the enforcement officer. (f) No animals shall be allowed in the procedure area or the decontamination and sterilization area except service animals, as defined by the federal Americans with Disabilities Act. (Amended by Stats. 2013, Ch. 555, Sec. 11. (AB 1168) Effective January 1, 2014.)
  6. 119315.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 4. Permanent Body Art Facilities [119312 - 119315] ( Article 4 added by Stats. 2011, Ch. 638, Sec. 2. )

    Verify source ↗

    A body art facility must follow specific sterilization and recordkeeping rules for instruments and sterilizers.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 4. Permanent Body Art Facilities [119312 - 119315] ( Article 4 added by Stats. 2011, Ch. 638, Sec. 2. ) ## 119315. A body art facility shall conform to the following sterilization procedures: (a) Clean instruments to be sterilized shall first be sealed in sterilization packaging that contain either a sterilizer indicator or process indicator, unless instruments are being processed for immediate use. The outside of the pack shall be labeled with the name of the instrument if not immediately identifiable, the date sterilized, and the initials of the person operating the sterilizing equipment unless instruments are being sterilized for immediate use. (b) Sterilizers shall be loaded, operated, decontaminated, and maintained according to manufacturer’s directions, and shall meet all of the following standards: (1) Only equipment manufactured for the sterilization of medical instruments shall be used. (2) Sterilization equipment shall be tested using a commercial biological indicator monitoring system after the initial installation, after any major repair, and at least once per month. The expiration date of the monitor shall be checked prior to each use. (3) Each sterilization load shall be monitored with mechanical indicators for time, temperature, and pressure. Each sterilization load shall include, at a minimum, a Class V integrator. (4) Biological indicator monitoring test results shall be recorded in a log that shall be kept on site for three years after the date of the results. (5) A written log of each sterilization cycle shall be maintained for three years, shall be available for inspection by the enforcement officer, and shall include all of the following information: (A) The date of the load. (B) A list of the contents of the load. (C) The exposure time and temperature. (D) The results of the Class V integrator. (E) For cycles where the results of the biological indicator monitoring test are positive, how the items were cleaned, and proof of a negative test before reuse. (c) Clean instruments and sterilized instrument packs shall be placed in clean, dry, labeled containers, or stored in a labeled cabinet that is protected from dust and moisture. (d) Sterilized instruments shall be stored in the intact sterilization packaging or in the sterilization equipment cartridge until time of use. (e) Sterile instrument packs shall be evaluated at the time of storage and before use. If the integrity of a pack is compromised, including, but not limited to, cases where the pack is torn, punctured, wet, or displaying any evidence of moisture contamination, the pack shall be discarded or reprocessed before use. (f) A body art facility that does not afford access to a decontamination and sterilization area that meets the standards of subdivision (c) of Section 119314 or that does not have sterilization equipment shall use only purchased disposable, single-use, presterilized instruments. In place of the requirements for maintaining sterilization records, the following records shall be kept and maintained for a minimum of 90 days following the use of the instruments at the site of practice for the purpose of verifying the use of disposable, single-use, presterilized instruments: (1) A record of purchase and use of all single-use instruments. (2) A log of all procedures, including the names of the practitioner and client and the date of the procedure. (3) Written proof on company or laboratory letterhead showing that the presterilized instruments have undergone a sterilization process. Written proof shall clearly identify the instruments sterilized by name or item number and shall identify the lot or batch number of the sterilizer run. (Amended by Stats. 2013, Ch. 555, Sec. 12. (AB 1168) Effective January 1, 2014.)
  7. 119316.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 4.5. Mobile Body Art Facilities [119316 - 119316.5] ( Article 4.5 added by Stats. 2013, Ch. 555, Sec. 14. )

    Verify source ↗

    Mobile body art facilities must follow the applicable article requirements, and some must also be certified by the Department of Housing and Community Development; local enforcement agencies must approve equipment installation before operation.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 4.5. Mobile Body Art Facilities [119316 - 119316.5] ( Article 4.5 added by Stats. 2013, Ch. 555, Sec. 14. ) ## 119316. (a) A mobile body art facility shall meet all the applicable requirements in Article 1 (commencing with Section 119300) to Article 4 (commencing with Section 119312), inclusive, and Article 6 (commencing with Section 119319), unless specifically exempted by this article. (b) A mobile body art facility that is either a special purpose commercial modular and coach, as defined by Section 18012.5, or a commercial modular coach, as defined by Section 18001.8, shall be certified by the Department of Housing and Community Development, consistent with Chapter 4 (commencing with Section 18025) of Part 2 of Division 13, and regulations promulgated pursuant to that chapter. (c) The Department of Motor Vehicles occupational licensing requirements, Division 5 (commencing with Section 11100) of the Vehicle Code, also apply to these mobile body art facilities. (d) The local enforcement agency shall approve all equipment installation prior to operation. (Amended by Stats. 2015, Ch. 303, Sec. 346. (AB 731) Effective January 1, 2016.)
  8. 119316.1.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 4.5. Mobile Body Art Facilities [119316 - 119316.5] ( Article 4.5 added by Stats. 2013, Ch. 555, Sec. 14. )

    Verify source ↗

    Mobile body art facilities must have a fixed hand wash sink, smooth nonabsorbent counter and tray surfaces, and a waste water tank sized at least 1.5 times the potable water tank.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 4.5. Mobile Body Art Facilities [119316 - 119316.5] ( Article 4.5 added by Stats. 2013, Ch. 555, Sec. 14. ) ## 119316.1. A mobile body art facility shall have all of the following: (a) A fixed hand wash sink in the procedure area for the exclusive use of the practitioner that meets all of the following requirements: (1) Availability of containerized liquid soap and single-use paper towels that are dispensed from a wall-mounted, touchless dispenser. (2) A pressurized supply of at least five gallons of potable water. (3) Warm water. (4) The sink measures at least nine inches wide, nine inches long, and five inches deep. (b) All counter surfaces and service trays shall have a smooth, durable, and nonabsorbent finish. (c) A waste water tank that shall be sized to be a minimum of 1.5 times the size of the potable water tank. (Added by Stats. 2013, Ch. 555, Sec. 14. (AB 1168) Effective January 1, 2014.)
  9. 119316.2.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 4.5. Mobile Body Art Facilities [119316 - 119316.5] ( Article 4.5 added by Stats. 2013, Ch. 555, Sec. 14. )

    Verify source ↗

    Mobile body art facilities must keep doors and windows closed during procedures, unless openings are covered by a qualifying screen.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 4.5. Mobile Body Art Facilities [119316 - 119316.5] ( Article 4.5 added by Stats. 2013, Ch. 555, Sec. 14. ) ## 119316.2. (a) All body art procedures shall be completed inside the mobile body art facility. (b) The mobile body art facility’s doors and windows shall remain closed during procedures. (c) Notwithstanding subdivision (b), a mobile body art facility may keep doors or windows open during a procedure only if the openings are covered by a screen constructed to cover the entirety of the opening that is the equivalent of a 16 mesh per square inch screen or better. (Added by Stats. 2013, Ch. 555, Sec. 14. (AB 1168) Effective January 1, 2014.)
  10. 119316.3.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 4.5. Mobile Body Art Facilities [119316 - 119316.5] ( Article 4.5 added by Stats. 2013, Ch. 555, Sec. 14. )

    Verify source ↗

    A mobile body art facility must use only purchased disposable, single-use, presterilized instruments.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 4.5. Mobile Body Art Facilities [119316 - 119316.5] ( Article 4.5 added by Stats. 2013, Ch. 555, Sec. 14. ) ## 119316.3. A mobile body art facility shall use only purchased disposable, single-use, presterilized instruments. (Added by Stats. 2013, Ch. 555, Sec. 14. (AB 1168) Effective January 1, 2014.)
  11. 119316.4.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 4.5. Mobile Body Art Facilities [119316 - 119316.5] ( Article 4.5 added by Stats. 2013, Ch. 555, Sec. 14. )

    Verify source ↗

    A mobile body art facility may operate only if it is within 200 feet of an accessible restroom.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 4.5. Mobile Body Art Facilities [119316 - 119316.5] ( Article 4.5 added by Stats. 2013, Ch. 555, Sec. 14. ) ## 119316.4. A mobile body art facility shall only be operated within 200 feet of an accessible restroom. (Added by Stats. 2013, Ch. 555, Sec. 14. (AB 1168) Effective January 1, 2014.)
  12. 119316.5.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 4.5. Mobile Body Art Facilities [119316 - 119316.5] ( Article 4.5 added by Stats. 2013, Ch. 555, Sec. 14. )

    Verify source ↗

    A mobile body art facility may be used only for performing body art and must not be used as a living space or residence.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 4.5. Mobile Body Art Facilities [119316 - 119316.5] ( Article 4.5 added by Stats. 2013, Ch. 555, Sec. 14. ) ## 119316.5. A mobile body art facility shall be used exclusively for performing body art and shall not be used as a living space or residence. (Added by Stats. 2013, Ch. 555, Sec. 14. (AB 1168) Effective January 1, 2014.)
  13. 119317.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 5. Temporary Body Art Facilities [119317 - 119318] ( Article 5 added by Stats. 2011, Ch. 638, Sec. 2. )

    Verify source ↗

    A practitioner may work in a temporary demonstration booth in the local jurisdiction of registration, but only for up to 7 days in any 90-day period, and the booth must meet listed sanitary and safety requirements.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 5. Temporary Body Art Facilities [119317 - 119318] ( Article 5 added by Stats. 2011, Ch. 638, Sec. 2. ) ## 119317. A practitioner may, in the local jurisdiction of registration, practice in a temporary demonstration booth for no more than seven days in a 90-day period. The demonstration booth shall meet all of the following requirements: (a) Be located within a building that has hand washing facilities with hot and cold running water, soap, and single-use paper towels to which practitioners have direct access. (b) Constructed with a partition of at least three feet in height separating the procedure area from the public. (c) Have floor space of at least 50 square feet for each practitioner. (d) Be free of insect or rodent infestation. (e) Used exclusively for performing body art. (f) Equipped with adequate light available at the level where the practitioner is performing body art. (g) (1) For temporary body art events consisting of one demonstration booth, the booth shall be equipped with hand washing equipment that, at a minimum, consists of containerized liquid soap, single-use paper towels, a five-gallon or larger container of potable water accessible via spigot, and a wastewater collection and holding tank of corresponding size. Potable water shall be refilled and the holding tank evacuated frequently to provide uninterrupted use, or as determined by the local enforcement agency. (2) For temporary body art events consisting of two or more demonstration booths, practitioner hand wash areas shall be provided throughout the event. The hand wash areas shall be located within a booth with partitions at least three feet in height separating the hand wash area from the public. The area shall be equipped with a commercial, self-contained hand wash station that consists of containerized liquid soap, single-use paper towels, a storage capacity of five gallons or more of potable water, and a trash receptacle. The sponsor shall provide one hand wash area for every two demonstration booths at the event. (h) Have smooth, cleanable flooring. (i) No food, drink, or tobacco products are permitted in the demonstration booth. (j) Not allow animals within the confines of the demonstration booth. (k) Be operating with all necessary permits to conduct business. In addition to the penalties available pursuant to Article 6 (commencing with Section 119320), a sponsor or practitioner who violates this subdivision shall be subject to closure of the temporary body art event or a penalty not to exceed three times the cost of the permit or both closure and the penalty. (Amended by Stats. 2013, Ch. 555, Sec. 15. (AB 1168) Effective January 1, 2014.)
  14. 119317.5.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 5. Temporary Body Art Facilities [119317 - 119318] ( Article 5 added by Stats. 2011, Ch. 638, Sec. 2. )

    Verify source ↗

    A local enforcement agency may set a fee for administering Section 119317, but the fee cannot be more than necessary and must cover actual administrative costs.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 5. Temporary Body Art Facilities [119317 - 119318] ( Article 5 added by Stats. 2011, Ch. 638, Sec. 2. ) ## 119317.5. A local enforcement agency may establish a fee not to exceed the amount necessary, but that is sufficient to cover, the actual costs of the administration of Section 119317. (Added by Stats. 2011, Ch. 638, Sec. 2. (AB 300) Effective January 1, 2012. Operative July 1, 2012, by Sec. 3 of Ch. 638.)
  15. 119318.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 5. Temporary Body Art Facilities [119317 - 119318] ( Article 5 added by Stats. 2011, Ch. 638, Sec. 2. )

    Verify source ↗

    A temporary body art event sponsor must get required permits, file a complete temporary facility permit application at least 30 days before the event, and ensure required facilities and supplies are available.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 5. Temporary Body Art Facilities [119317 - 119318] ( Article 5 added by Stats. 2011, Ch. 638, Sec. 2. ) ## 119318. (a) The sponsor of a temporary body art event shall obtain all necessary permits to conduct business in the jurisdiction where the event will be held. The sponsor shall submit a complete temporary facility permit application to the local enforcement agency a minimum of 30 days prior to the date of the scheduled event. A local enforcement agency may establish a fee not to exceed the amount necessary, but that is sufficient to cover, the actual costs of the administration of this section. In addition to the penalties available pursuant to Article 6 (commencing with Section 119320), a sponsor who violates this subdivision shall be subject to closure of the temporary body art event and a penalty not to exceed three times the cost of the permit. (b) The sponsor shall not allow a person to perform body art procedures at the event unless the person has a valid body art practitioner registration. (c) The sponsor of a temporary body art event shall be responsible for ensuring the availability of support facilities and supplies for practitioners and vendors, including, but not limited to: (1) A demonstration booth that meets the requirements of subdivisions (a) to (k), inclusive, of Section 119317. (2) Restrooms that have flush toilets supplied with toilet paper, and hand wash sinks supplied with hot and cold potable running water, soap, and single-use paper towels to which practitioners have direct access. (3) Sharps waste containers for each demonstration booth. (4) The use of a licensed medical waste disposal company for removal of all sharps waste containers used during the body art event. (5) Frequent trash pickup from demonstration booths. (6) Wastewater removal and potable water recharge for hand wash areas at a frequency that will provide uninterrupted use, or as determined by the local enforcement agency. (7) When applicable, decontamination and sterilization area that is separated from a procedure area by at least five feet or by a cleanable barrier. (8) Adequate backup supplies that have been stored in compliance with subdivision (d) of Section 119315 and that can be purchased by practitioners, including, but not limited to: (A) Presterilized tattoo needles. (B) Presterilized needle tubes. (C) Presterilized piercing instruments, including, but not limited to, needles, receiving tubes, corks, marking tools, and forceps. (D) Plastic bags, barrier film, clip cord covers, and plastic wrap. (E) Ink cups. (F) Nitrile and latex gloves. (G) Single-use tubes of water-based and petroleum-based lubricants. (H) Absorbent dressing materials. (I) All forms and documents required to perform body art, including, but not limited to, client consent forms, medical history forms, aftercare instructions, and single-use instrument logs. (d) The name, telephone number, and directions to an emergency room near the temporary body art event shall be posted in a conspicuous location. (e) Each practitioner working in a booth at a temporary body art event shall display his or her certificate of registration, or keep the certificate in a folder that is available for inspection upon request of the enforcement officer or a client. (Amended by Stats. 2013, Ch. 555, Sec. 16. (AB 1168) Effective January 1, 2014.)
  16. 119319.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 6. Enforcement [119319 - 119324.5] ( Article 6 added by Stats. 2011, Ch. 638, Sec. 2. )

    Verify source ↗

    Enforcement officers may inspect body art facilities, gather evidence, check required plans, and impound unsafe instruments; owners and workers must not hide evidence, interfere, or falsify required information.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 6. Enforcement [119319 - 119324.5] ( Article 6 added by Stats. 2011, Ch. 638, Sec. 2. ) ## 119319. (a) An enforcement officer may enter a body art facility during the facility’s hours of operation and other reasonable times to do any of the following: (1) Conduct inspections, issue citations, and secure samples, photographs, or other evidence from a body art facility, or any facility suspected of being a body art facility. (2) Check the Infection Prevention and Control Plan, required pursuant to Section 119313, to determine if persons working in the facility are following the plan, and to determine if the plan is in compliance with this chapter. (3) Secure as evidence documents, or copies of documents, including the Infection Prevention and Control Plan, or any record, file, paper, process, invoice, or receipt for the purpose of determining compliance with this chapter. (b) A written report shall be made and a copy shall be supplied or mailed to the owner or practitioner at the completion of an inspection or investigation. (c) Based upon inspection findings or other evidence, an enforcement officer may impound instruments that are found to be unsafe to use, used in an unapproved manner, or used in an unapproved location. Within 30 days, the local enforcement agency that has impounded the equipment shall commence proceedings to release the instrument or to seek administrative or legal remedy for its disposal. (d) It is a violation of this chapter for the owner or a person working in a body art facility to do any of the following: (1) Conceal records or evidence, or to withhold evidence. (2) Interfere with the performance of the duties of an enforcement officer. (3) Make a false statement, representation, certification, record, report, or otherwise falsify information required to be submitted or maintained pursuant to this chapter. (Amended by Stats. 2013, Ch. 555, Sec. 17. (AB 1168) Effective January 1, 2014.)
  17. 119320.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 6. Enforcement [119319 - 119324.5] ( Article 6 added by Stats. 2011, Ch. 638, Sec. 2. )

    Verify source ↗

    A local enforcement agency may suspend a body art certificate or health permit for a chapter violation, and suspended or revoked operators must stop business until reinstated or reissued.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 6. Enforcement [119319 - 119324.5] ( Article 6 added by Stats. 2011, Ch. 638, Sec. 2. ) ## 119320. (a) A certificate of registration or a health permit may be suspended by a local enforcement agency for a violation of this chapter. (b) A body art facility or practitioner whose certificate of registration or health permit has been suspended shall cease doing business until the certificate or permit has been reinstated. Suspension of the registration of one practitioner in a body art facility does not affect the status of other practitioners in the facility unless the violation or violations are for conditions or equipment that affects the ability of all the practitioners in the facility to comply with the provisions of this chapter. (c) A body art facility for which the health permit has been revoked shall close and remain closed until a new health permit has been issued. (d) Whenever an enforcement officer finds that a practitioner or body art facility is not in compliance with the requirements of this chapter, the enforcement officer shall issue a notice to comply or a notice of violation to the registrant or permitholder setting forth the acts or omissions with which the registrant or permitholder is charged, and informing him or her of a right to a hearing, if requested, to show cause why the registration or permit should not be suspended or revoked. (e) (1) A written request for a hearing shall be made by the registrant or permitholder within 15 calendar days after receipt of the notice. (2) The hearing shall be held within 15 calendar days of the receipt of a request for a hearing. Upon written request of the registrant or permitholder, the hearing officer may postpone a hearing date, if circumstances warrant the action. (f) A failure to request a hearing within 15 calendar days after receipt of the notice shall be deemed a waiver of the right to a hearing. (g) The hearing officer shall issue a written notice of decision to the registrant or permitholder within five working days following the hearing. In the event of a suspension or revocation, the notice shall specify the acts or omissions with which the registrant or permitholder is charged, and shall state the terms of the suspension or that the registration or health permit has been revoked. (h) A certificate of registration or health permit may be reinstated or a new certificate of registration or health permit issued if the local enforcement agency determines that the conditions that prompted the suspension or revocation no longer exist. (Added by Stats. 2011, Ch. 638, Sec. 2. (AB 300) Effective January 1, 2012. Operative July 1, 2012, by Sec. 3 of Ch. 638.)
  18. 119321.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 6. Enforcement [119319 - 119324.5] ( Article 6 added by Stats. 2011, Ch. 638, Sec. 2. )

    Verify source ↗

    If an imminent health hazard is found, an enforcement officer may temporarily suspend a registration, order the practitioner to stop operating, or close the whole facility if the hazard affects the entire facility.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 6. Enforcement [119319 - 119324.5] ( Article 6 added by Stats. 2011, Ch. 638, Sec. 2. ) ## 119321. If an imminent health hazard is found, the enforcement officer may suspend a registration temporarily and order the practitioner to cease operation if the hazard is not corrected. If the hazard affects the entire body art facility, then the entire facility may be closed immediately. Whenever a registration or health permit is suspended as the result of an imminent health hazard, the enforcement officer shall issue to the registrant or permitholder a notice setting forth the acts or omissions being charged, specifying the pertinent code section, and informing the registrant or permitholder of the right to a hearing. (Added by Stats. 2011, Ch. 638, Sec. 2. (AB 300) Effective January 1, 2012. Operative July 1, 2012, by Sec. 3 of Ch. 638.)
  19. 119322.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 6. Enforcement [119319 - 119324.5] ( Article 6 added by Stats. 2011, Ch. 638, Sec. 2. )

    Verify source ↗

    The local enforcement agency may, after a hearing opportunity, modify, suspend, or revoke a certificate of registration or health permit for serious or repeated violations, or for interfering with the enforcement officer’s duties.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 6. Enforcement [119319 - 119324.5] ( Article 6 added by Stats. 2011, Ch. 638, Sec. 2. ) ## 119322. The local enforcement agency may, after providing opportunity for a hearing, modify, suspend, or revoke a certificate of registration or a health permit for serious or repeated violations of any requirement of this chapter or for interference in the performance of the duty of the enforcement officer. (Added by Stats. 2011, Ch. 638, Sec. 2. (AB 300) Effective January 1, 2012. Operative July 1, 2012, by Sec. 3 of Ch. 638.)
  20. 119323.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 6. Enforcement [119319 - 119324.5] ( Article 6 added by Stats. 2011, Ch. 638, Sec. 2. )

    Verify source ↗

    Certain body art violations are misdemeanors, and the local enforcement agency may also impose an administrative penalty.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 6. Enforcement [119319 - 119324.5] ( Article 6 added by Stats. 2011, Ch. 638, Sec. 2. ) ## 119323. Performing body art without being registered, performing body art at an unpermitted location, operating a body art facility without a health permit, or operating a temporary body art event without a permit shall be a misdemeanor. The local enforcement agency may also assess an administrative penalty in an amount not less than twenty-five dollars ($25) and not more than one thousand dollars ($1,000) for violation of any provision of this chapter. All fines are to be retained by the local enforcement agency for enforcement of the provisions of this chapter. (Amended by Stats. 2013, Ch. 555, Sec. 18. (AB 1168) Effective January 1, 2014.)
  21. 119324.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 6. Enforcement [119319 - 119324.5] ( Article 6 added by Stats. 2011, Ch. 638, Sec. 2. )

    Verify source ↗

    Cities, counties, and city and county governments may adopt body-art regulations or ordinances that are not inconsistent with this chapter, and they may be stricter than it.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 6. Enforcement [119319 - 119324.5] ( Article 6 added by Stats. 2011, Ch. 638, Sec. 2. ) ## 119324. A city, county, or city and county may adopt regulations or ordinances that do not conflict with, or are more stringent than, the provisions of this chapter as they relate to body art. (Added by Stats. 2011, Ch. 638, Sec. 2. (AB 300) Effective January 1, 2012. Operative July 1, 2012, by Sec. 3 of Ch. 638.)
  22. 119324.5.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 6. Enforcement [119319 - 119324.5] ( Article 6 added by Stats. 2011, Ch. 638, Sec. 2. )

    Verify source ↗

    Local fees under this chapter may not be higher than the reasonable cost of related licensing, inspection, enforcement, and adjudication activities.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 6. Enforcement [119319 - 119324.5] ( Article 6 added by Stats. 2011, Ch. 638, Sec. 2. ) ## 119324.5. The local fees imposed pursuant to this chapter shall not exceed the reasonable costs to a local government for issuing licenses and permits, performing investigations, inspections, and audits, enforcing orders, and the administrative enforcement and adjudication thereof. (Added by Stats. 2011, Ch. 638, Sec. 2. (AB 300) Effective January 1, 2012. Operative July 1, 2012, by Sec. 3 of Ch. 638.)
  23. 119325.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 7. Mechanical Stud and Clasp Ear Piercing [119325 - 119328] ( Article 7 added by Stats. 2011, Ch. 638, Sec. 2. )

    Verify source ↗

    This section sets rules for ear piercing with a mechanical stud and clasp device and says it is not body art or body piercing under this chapter.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 7. Mechanical Stud and Clasp Ear Piercing [119325 - 119328] ( Article 7 added by Stats. 2011, Ch. 638, Sec. 2. ) ## 119325. (a) The piercing of the ear with a mechanical stud and clasp device does not constitute body art or body piercing as defined in this chapter. It is the intent of the Legislature, in enacting this article, to provide uniform and statewide requirements for the performance of ear piercing with a mechanical stud and clasp device. The piercing of an ear with a mechanical stud and clasp device shall only be subject to the requirements in this article. (b) The area within a facility where mechanical stud and clasp ear piercing is conducted shall be safe and sanitary and shall not constitute a threat to the public health and safety, as reasonably determined by the local enforcement agency. (c) The mechanical stud and clasp device that is used to pierce an ear pursuant to this article shall be single-use, presterilized, stud and clasp only. (d) The single-use mechanical stud and clasp device used to pierce an ear pursuant to this article shall meet the jewelry requirements in subdivision (e). (e) Only jewelry made of ASTM F138, ISO 5832-1, and AISI 316L or AISI 316LVM implant grade stainless steel, solid 14-karat through 18-karat yellow or white gold, niobium, ASTM F136 6A4V titanium, platinum, or other materials found to be equally biocompatible shall be placed in newly pierced skin. (Amended by Stats. 2013, Ch. 555, Sec. 19. (AB 1168) Effective January 1, 2014.)
  24. 119326.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 7. Mechanical Stud and Clasp Ear Piercing [119325 - 119328] ( Article 7 added by Stats. 2011, Ch. 638, Sec. 2. )

    Verify source ↗

    A local enforcement agency may require a piercing facility to file a notification form, and if it does, the agency must provide the form and include specified information.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 7. Mechanical Stud and Clasp Ear Piercing [119325 - 119328] ( Article 7 added by Stats. 2011, Ch. 638, Sec. 2. ) ## 119326. (a) The local enforcement agency may require a facility that provides mechanical stud and clasp ear piercing services to submit a notification form, which shall be provided by the local enforcement agency in the jurisdiction in which the facility is located. If the local enforcement agency requires this notification form, the form shall include all of the following information: (1) The address of all facilities within the jurisdiction where mechanical stud and clasp ear piercing will be performed. (2) A statement that the mechanical stud and clasp ear piercing will be conducted in compliance with the requirements of this article. (3) The contact information for the person responsible for compliance with this article and who the local enforcement agency should contact regarding complaints from the public regarding mechanical stud and clasp ear piercing at a facility listed in paragraph (1). (b) Information for more than one location within a single jurisdiction with the same owner or operator may be included on a single notification form. If the local enforcement agency requires notification, it shall provide a notification form that allows the owner or operator of more than one facility in the jurisdiction to provide the required notification for all of its facilities in a single form designed for that purpose. (c) No person shall be required to provide notification until and unless the local enforcement agency makes a form for this purpose available. Facilities performing mechanical stud and clasp ear piercing on the date the local enforcement agency makes the form available shall have five months from that date in which to complete and submit the form. Facilities that begin performing mechanical stud and clasp ear piercing after the form is made available shall be required to submit the form prior to offering services. (Added by Stats. 2011, Ch. 638, Sec. 2. (AB 300) Effective January 1, 2012. Operative July 1, 2012, by Sec. 3 of Ch. 638.)
  25. 119327.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 7. Mechanical Stud and Clasp Ear Piercing [119325 - 119328] ( Article 7 added by Stats. 2011, Ch. 638, Sec. 2. )

    Verify source ↗

    A person who pierces ears with a mechanical stud and clasp device must be at least 18, complete one hour of training, and—if also piercing upper-ear cartilage—receive additional training on proper techniques.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 7. Mechanical Stud and Clasp Ear Piercing [119325 - 119328] ( Article 7 added by Stats. 2011, Ch. 638, Sec. 2. ) ## 119327. (a) A person piercing an ear with a mechanical stud and clasp piercing device shall meet the following requirements before providing mechanical stud and clasp ear piercing services: (1) Is at least 18 years of age. (2) Received one hour of training that covers all of the following topics: (A) Proper use of the mechanical stud and clasp ear piercing device. (B) Types of bloodborne pathogens and the prevention of the transmission of bloodborne communicable diseases. (C) Proper hand hygiene. (D) The safe and sanitary use of single-use equipment, including, but not limited to, gloves, towels, and disinfectant wipes. (3) If the person will also be piercing the cartilage of the upper ear, that person shall also receive training on proper techniques for this type of piercing. (b) The training requirements of subdivision (a) shall not apply to an individual who was employed to perform mechanical stud and clasp ear piercing prior to the effective date of this article. (Added by Stats. 2011, Ch. 638, Sec. 2. (AB 300) Effective January 1, 2012. Operative July 1, 2012, by Sec. 3 of Ch. 638.)
  26. 119328.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 7. Mechanical Stud and Clasp Ear Piercing [119325 - 119328] ( Article 7 added by Stats. 2011, Ch. 638, Sec. 2. )

    Verify source ↗

    Local enforcement agencies may charge a one-time facility notification fee of $25 to $45 per facility, but the fee cannot exceed actual enforcement and administration costs.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 7. Body Art [119300 - 119328] ( Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2. ) ## ARTICLE 7. Mechanical Stud and Clasp Ear Piercing [119325 - 119328] ( Article 7 added by Stats. 2011, Ch. 638, Sec. 2. ) ## 119328. (a) A local enforcement agency may charge a one-time facility notification fee in an amount between twenty-five dollars ($25) and forty-five dollars ($45) for each facility operating pursuant to this article. The fee charged shall not exceed the amount reasonably necessary to cover the actual costs of administering and enforcing the provisions of this article. (b) After December 31, 2015, a county may charge a different fee, set by local ordinance, provided that the increased fee is necessary to cover the actual costs of administering and enforcing the provisions of this article. (c) The local enforcement agency may not charge a different fee for facilities based on what part of the ear is being pierced. (Added by Stats. 2011, Ch. 638, Sec. 2. (AB 300) Effective January 1, 2012. Operative July 1, 2012, by Sec. 3 of Ch. 638.)
  27. 119400.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Drug Marketing Practices [119400 - 119402] ( Chapter 8 added by Stats. 2004, Ch. 927, Sec. 2. )

    Verify source ↗

    This section defines key terms used in this chapter, including “dangerous drug,” “medical or health professional,” and “pharmaceutical company.”

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Drug Marketing Practices [119400 - 119402] ( Chapter 8 added by Stats. 2004, Ch. 927, Sec. 2. ) ## 119400. The following definitions shall apply for purposes of this chapter: (a) “Dangerous drug” means any drug that is unsafe for self-use and includes either of the following: (1) Any drug that bears the legend “Caution: federal law prohibits dispensing without prescription,” “Rx only,” or words of similar import. (2) Any drug or device that, pursuant to federal or state law, may be dispensed only by prescription, or that is furnished pursuant to Section 4006 of the Business and Professions Code. “Dangerous drug” does not include labeled veterinary drugs. (b) “Medical or health professional” means any of the following: (1) A person licensed by state law to prescribe drugs for human patients. (2) A medical student. (3) A member of a drug formulary committee. (c) “Pharmaceutical company” means an entity that is engaged in the production, preparation, propagation, compounding, conversion, or processing of dangerous drugs, either directly or indirectly, by extraction from substances of natural origin or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis. “Pharmaceutical company” also means an entity engaged in the packaging, repackaging, labeling, relabeling, or distribution of dangerous drugs. “Pharmaceutical company” also includes a person who engages in pharmaceutical detailing, promotional activities, or other marketing of a dangerous drug in this state on behalf of a pharmaceutical company. “Pharmaceutical company” does not include a licensed pharmacist. (Added by Stats. 2004, Ch. 927, Sec. 2. Effective January 1, 2005.)
  28. 119402.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Drug Marketing Practices [119400 - 119402] ( Chapter 8 added by Stats. 2004, Ch. 927, Sec. 2. )

    Verify source ↗

    Pharmaceutical companies must adopt and maintain a compliance program that follows specified industry guidance, include gift-limit policies, and make annual public compliance disclosures.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 8. Drug Marketing Practices [119400 - 119402] ( Chapter 8 added by Stats. 2004, Ch. 927, Sec. 2. ) ## 119402. (a) Every pharmaceutical company shall adopt a Comprehensive Compliance Program that is in accordance with the April 2003 publication “Compliance Program Guidance for Pharmaceutical Manufacturers,” which was developed by the United States Department of Health and Human Services Office of Inspector General (OIG). A pharmaceutical company shall make conforming changes to its Comprehensive Compliance Program within six months of any update or revision to the “Compliance Program Guidance for Pharmaceutical Manufacturers.” (b) Every pharmaceutical company shall include in its Comprehensive Compliance Program policies for compliance with the Pharmaceutical Research and Manufacturers of America (PhRMA) “Code on Interactions with Health Care Professionals,” dated July 1, 2002. The pharmaceutical company shall make conforming changes to its Comprehensive Compliance Program within six months of any update or revision of the “Code on Interactions with Health Care Professionals.” (c) Each pharmaceutical company shall include in its Comprehensive Compliance Program limits on gifts or incentives provided to medical or health professionals, in accordance with this chapter. (d) (1) Each pharmaceutical company shall establish explicitly in its Comprehensive Compliance Program a specific annual dollar limit on gifts, promotional materials, or items or activities that the pharmaceutical company may give or otherwise provide to an individual medical or health care professional in accordance with the “Compliance Program Guidance for Pharmaceutical Manufacturers” and with the “Code on Interactions with Health Care Professionals.” (2) Notwithstanding paragraph (1), drug samples given to physicians and healthcare professionals intended for free distribution to patients, financial support for continuing medical education forums, and financial support for health educational scholarships are exempt from any limits if that support is provided in a manner that conforms to the “Compliance Program Guidance for Pharmaceutical Manufacturers” and the “Code on Interactions with Health Care Professionals.” (3) Payments made for legitimate professional services provided by a health care or medical professional, including, but not limited to, consulting, are exempt from any limits, provided that the payment does not exceed the fair market value of the services rendered, and those payments are provided in a manner that conforms to the “Compliance Program Guidance for Pharmaceutical Manufacturers” and with the “Code on Interactions with Health Care Professionals.” (e) The pharmaceutical company shall annually declare, in writing, that it is in compliance with both its Comprehensive Compliance Program and this chapter. The pharmaceutical company shall make its Comprehensive Compliance Program and its annual written declaration of compliance with the program available to the public on the pharmaceutical company’s Web site and shall also provide a toll-free telephone number where a copy or copies of the Comprehensive Compliance Program and written declaration of compliance may be obtained. (f) This section shall become operative on July 1, 2005. (Added by Stats. 2004, Ch. 927, Sec. 2. Effective January 1, 2005. Section operative July 1, 2005, by its own provisions.)
  29. 119406.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Electronic Cigarettes [119406- 119406.] ( Chapter 9 added by Stats. 2010, Ch. 312, Sec. 2. )

    Verify source ↗

    Electronic cigarette cartridges and refill solutions must be in child-resistant packaging starting October 1, 2016.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 15. MISCELLANEOUS REQUIREMENTS [118375 - 119406] ( Part 15 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 9. Electronic Cigarettes [119406- 119406.] ( Chapter 9 added by Stats. 2010, Ch. 312, Sec. 2. ) ## 119406. (a) Commencing October 1, 2016, all cartridges for electronic cigarettes and solutions for filling or refilling an electronic cigarette shall be in child-resistant packaging. (b) “Child-resistant packaging” means packaging that meets the specifications in Section 1700.15(b) of, and is tested by the method described in Section 1700.20 of, Title 16 of the Code of Federal Regulations. (Added by Stats. 2016, 2nd Ex. Sess., Ch. 7, Sec. 22. (SB 5 2x) Effective June 9, 2016.)
  30. 11970.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 3. STATE GOVERNMENT’S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE USE OF ALCOHOL AND OTHER DRUGS [11876 - 11975] ( Heading of Part 3 amended by Stats. 2024, Ch. 847, Sec. 84. ) ## CHAPTER 2. Community Alcohol and Other Drug Use Control [11970 - 11975] ( Heading of Chapter 2 amended by Stats. 2024, Ch. 847, Sec. 85. ) ## ARTICLE 1. Comprehensive Drug Court Implementation Act of 1999 [11970 - 11974] ( Article 1 added by Stats. 2012, Ch. 36, Sec. 67. )

    Verify source ↗

    This article may be cited as the Comprehensive Drug Court Implementation Act of 1999. The State Department of Alcohol and Drug Programs must oversee it, and the department and the Judicial Council must design and implement it through a steering committee. The section becomes inoperative on July 1, 2013.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 3. STATE GOVERNMENT’S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE USE OF ALCOHOL AND OTHER DRUGS [11876 - 11975] ( Heading of Part 3 amended by Stats. 2024, Ch. 847, Sec. 84. ) ## CHAPTER 2. Community Alcohol and Other Drug Use Control [11970 - 11975] ( Heading of Chapter 2 amended by Stats. 2024, Ch. 847, Sec. 85. ) ## ARTICLE 1. Comprehensive Drug Court Implementation Act of 1999 [11970 - 11974] ( Article 1 added by Stats. 2012, Ch. 36, Sec. 67. ) ## 11970. (a) This article shall be known and may be cited as the Comprehensive Drug Court Implementation Act of 1999. (b) The State Department of Alcohol and Drug Programs shall provide oversight of this article. (c) The department and the Judicial Council shall design and implement this article through the Drug Court Partnership Executive Steering Committee established under the former Drug Court Partnership Act of 1998 pursuant to former Section 11970, for the purpose of funding cost-effective local drug court systems for adults, juveniles, and parents of children who are detained by, or are dependents of, the juvenile court. (d) This section shall become inoperative on July 1, 2013. (Amended by Stats. 2013, Ch. 22, Sec. 60. (AB 75) Effective June 27, 2013. Amending action operative July 1, 2013, by Sec. 110 of Ch. 22. Section inoperative July 1, 2013, by its own provisions from this amendment.)
  31. 11970.5.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 3. STATE GOVERNMENT’S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE USE OF ALCOHOL AND OTHER DRUGS [11876 - 11975] ( Heading of Part 3 amended by Stats. 2024, Ch. 847, Sec. 84. ) ## CHAPTER 2. Community Alcohol and Other Drug Use Control [11970 - 11975] ( Heading of Chapter 2 amended by Stats. 2024, Ch. 847, Sec. 85. ) ## ARTICLE 1. Comprehensive Drug Court Implementation Act of 1999 [11970 - 11974] ( Article 1 added by Stats. 2012, Ch. 36, Sec. 67. )

    Verify source ↗

    This section names the article the Drug Court Programs Act and says the section becomes operative on July 1, 2013.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 3. STATE GOVERNMENT’S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE USE OF ALCOHOL AND OTHER DRUGS [11876 - 11975] ( Heading of Part 3 amended by Stats. 2024, Ch. 847, Sec. 84. ) ## CHAPTER 2. Community Alcohol and Other Drug Use Control [11970 - 11975] ( Heading of Chapter 2 amended by Stats. 2024, Ch. 847, Sec. 85. ) ## ARTICLE 1. Comprehensive Drug Court Implementation Act of 1999 [11970 - 11974] ( Article 1 added by Stats. 2012, Ch. 36, Sec. 67. ) ## 11970.5. (a) This article shall be known and may be cited as the Drug Court Programs Act. (b) This section shall become operative on July 1, 2013. (Added by Stats. 2013, Ch. 22, Sec. 61. (AB 75) Effective June 27, 2013. Adding action operative July 1, 2013, by Sec. 110 of Ch. 22. Section operative July 1, 2013, by its own provisions.)
  32. 11971.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 3. STATE GOVERNMENT’S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE USE OF ALCOHOL AND OTHER DRUGS [11876 - 11975] ( Heading of Part 3 amended by Stats. 2024, Ch. 847, Sec. 84. ) ## CHAPTER 2. Community Alcohol and Other Drug Use Control [11970 - 11975] ( Heading of Chapter 2 amended by Stats. 2024, Ch. 847, Sec. 85. ) ## ARTICLE 1. Comprehensive Drug Court Implementation Act of 1999 [11970 - 11974] ( Article 1 added by Stats. 2012, Ch. 36, Sec. 67. )

    Verify source ↗

    A county may choose to provide a drug court program, but if it does, it must use program funds in compliance with federal funding rules and prepare a required operation plan.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 3. STATE GOVERNMENT’S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE USE OF ALCOHOL AND OTHER DRUGS [11876 - 11975] ( Heading of Part 3 amended by Stats. 2024, Ch. 847, Sec. 84. ) ## CHAPTER 2. Community Alcohol and Other Drug Use Control [11970 - 11975] ( Heading of Chapter 2 amended by Stats. 2024, Ch. 847, Sec. 85. ) ## ARTICLE 1. Comprehensive Drug Court Implementation Act of 1999 [11970 - 11974] ( Article 1 added by Stats. 2012, Ch. 36, Sec. 67. ) ## 11971. (a) (1) At its option, a county may provide a program authorized by this article. A county that chooses to provide a program shall ensure that any funds used for the program are used in compliance with the requirements for receipt of federal block grant funds for prevention and treatment of substance use disorder described in Subchapter XVII of Chapter 6A of Title 42 of the United States Code and other federal provisions governing the receipt of federal funds. (2) The funds contained in each county’s Behavioral Health Subaccount of the Support Services Account of the Local Revenue Fund 2011 may be used to fund the cost of drug court treatment programs for the purpose of applying for federal grant funds from the federal Substance Abuse and Mental Health Services Administration as described in Section 11775. (b) If a county chooses to provide a drug court program, a county alcohol and drug program administrator and the presiding judge in the county shall develop, as part of the contract for alcohol and other drug services, a plan for the operation of a drug court program that shall include the information necessary for the state to ensure a county’s compliance with the provisions for receipt of the federal block grant funds for prevention and treatment of substance use disorder found at Subchapter XVII of Chapter 6A of Title 42 of the United States Code and other applicable federal provisions for funds. (c) The plan shall do all of the following: (1) Describe existing programs that serve adults and juveniles with substance use disorders and parents of children who are detained by, or are dependents of, the juvenile court. (2) Provide a local action plan for implementing cost-effective drug court systems, including any or all of the following drug court systems: (A) Drug courts operating pursuant to Sections 1000 to 1000.5, inclusive, of the Penal Code. (B) Drug courts for juvenile offenders. (C) Drug courts for parents of children who are detained by, or are dependents of, the juvenile court. (D) Drug courts for parents of children in family law cases involving custody and visitation issues. (E) Other drug court systems that are approved by the Drug Court Partnership Executive Steering Committee. (3) Develop information-sharing systems to ensure that county actions are fully coordinated, and to provide data for measuring the success of the local action plan in achieving its goals. (4) Identify outcome measures that will determine the cost effectiveness of the local action plan. (Amended by Stats. 2024, Ch. 847, Sec. 86. (AB 2995) Effective January 1, 2025.)
  33. 11972.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 3. STATE GOVERNMENT’S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE USE OF ALCOHOL AND OTHER DRUGS [11876 - 11975] ( Heading of Part 3 amended by Stats. 2024, Ch. 847, Sec. 84. ) ## CHAPTER 2. Community Alcohol and Other Drug Use Control [11970 - 11975] ( Heading of Chapter 2 amended by Stats. 2024, Ch. 847, Sec. 85. ) ## ARTICLE 1. Comprehensive Drug Court Implementation Act of 1999 [11970 - 11974] ( Article 1 added by Stats. 2012, Ch. 36, Sec. 67. )

    Verify source ↗

    Counties and courts that choose treatment court programs must run them according to state and national best-practice guidelines, and the Judicial Council must revise judicial administration standards by January 1, 2026.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 3. STATE GOVERNMENT’S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE USE OF ALCOHOL AND OTHER DRUGS [11876 - 11975] ( Heading of Part 3 amended by Stats. 2024, Ch. 847, Sec. 84. ) ## CHAPTER 2. Community Alcohol and Other Drug Use Control [11970 - 11975] ( Heading of Chapter 2 amended by Stats. 2024, Ch. 847, Sec. 85. ) ## ARTICLE 1. Comprehensive Drug Court Implementation Act of 1999 [11970 - 11974] ( Article 1 added by Stats. 2012, Ch. 36, Sec. 67. ) ## 11972. (a) Counties and courts that opt to have treatment court programs shall ensure the programs are designed and operated in accordance with state and national guidelines incorporating the “Adult Treatment Court Best Practice Standards” and “Family Treatment Court Best Practice Standards” developed by All Rise (founded as the National Association of Drug Court Professionals), with consideration for the distinct court system within which the program operates. It is the intent of the Legislature that key components of the criminal adult treatment court programs include: (1) Integration by treatment courts of behavioral health treatment services with justice system case processing. (2) Promotion of public safety, while protecting participants’ due process rights, by prosecution and defense counsel using a nonadversarial approach. (3) Early identification of eligible participants from the appropriate high-risk and high-need target population and prompt placement in the treatment court program. (4) Access provided by treatment courts to a continuum of substance use and other behavioral health treatment and social services that are evidence based and meet the specific needs of the participant. (5) Frequent alcohol and other drug testing to monitor abstinence. (6) A system of incentives, sanctions, and service adjustments to achieve participant success. (7) Ongoing judicial interaction with each treatment court participant at the needed frequency to meet the needs of the participant. (8) Monitoring and evaluation to measure the achievement of program goals and gauge effectiveness. (9) Continuing interdisciplinary education to promote effective treatment court planning, implementation, and operations. (10) Forging partnerships among treatment courts, public agencies, and community-based organizations to generate local support and enhance treatment court program effectiveness and to coordinate access to needed complementary services outside the program. (11) Working to ensure equitable access, services, and outcomes for all sociodemographic and sociocultural groups. (b) No later than January 1, 2026, the Judicial Council shall revise the standards of judicial administration to reflect state and nationally recognized best practices and guidelines for collaborative programs, including those described in subdivision (a). (Amended by Stats. 2024, Ch. 641, Sec. 1. (SB 910) Effective January 1, 2025.)
  34. 11973.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 3. STATE GOVERNMENT’S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE USE OF ALCOHOL AND OTHER DRUGS [11876 - 11975] ( Heading of Part 3 amended by Stats. 2024, Ch. 847, Sec. 84. ) ## CHAPTER 2. Community Alcohol and Other Drug Use Control [11970 - 11975] ( Heading of Chapter 2 amended by Stats. 2024, Ch. 847, Sec. 85. ) ## ARTICLE 1. Comprehensive Drug Court Implementation Act of 1999 [11970 - 11974] ( Article 1 added by Stats. 2012, Ch. 36, Sec. 67. )

    Verify source ↗

    The listed state agencies and the Judicial Council must evaluate cost avoidance for dependency drug courts and do related review tasks. The section was set to become inoperative on July 1, 2013.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 3. STATE GOVERNMENT’S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE USE OF ALCOHOL AND OTHER DRUGS [11876 - 11975] ( Heading of Part 3 amended by Stats. 2024, Ch. 847, Sec. 84. ) ## CHAPTER 2. Community Alcohol and Other Drug Use Control [11970 - 11975] ( Heading of Chapter 2 amended by Stats. 2024, Ch. 847, Sec. 85. ) ## ARTICLE 1. Comprehensive Drug Court Implementation Act of 1999 [11970 - 11974] ( Article 1 added by Stats. 2012, Ch. 36, Sec. 67. ) ## 11973. (a) It is the intent of the Legislature that dependency drug courts be funded unless an evaluation of cost avoidance as provided in this section with respect to child welfare services and foster care demonstrates that the program is not cost effective. (b) The State Department of Social Services, in collaboration with the State Department of Alcohol and Drug Programs and the Judicial Council, shall conduct an evaluation of cost avoidance with respect to child welfare services and foster care pursuant to this section. These parties shall do all of the following: (1) Consult with legislative staff and at least one representative of an existing dependency drug court program who has experience conducting an evaluation of cost avoidance, to clarify the elements to be reviewed. (2) Identify requirements, such as specific measures of cost savings and data to be evaluated, and methodology for use of control cases for comparison data. (3) Whenever possible, use existing evaluation case samples to gather the necessary additional data. (c) This section shall become inoperative on July 1, 2013. (Amended by Stats. 2013, Ch. 22, Sec. 62. (AB 75) Effective June 27, 2013. Amending action operative July 1, 2013, by Sec. 110 of Ch. 22. Section inoperative July 1, 2013, by its own provisions from this amendment.)
  35. 11974.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 3. STATE GOVERNMENT’S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE USE OF ALCOHOL AND OTHER DRUGS [11876 - 11975] ( Heading of Part 3 amended by Stats. 2024, Ch. 847, Sec. 84. ) ## CHAPTER 2. Community Alcohol and Other Drug Use Control [11970 - 11975] ( Heading of Chapter 2 amended by Stats. 2024, Ch. 847, Sec. 85. ) ## ARTICLE 1. Comprehensive Drug Court Implementation Act of 1999 [11970 - 11974] ( Article 1 added by Stats. 2012, Ch. 36, Sec. 67. )

    Verify source ↗

    The department may use guidance letters and similar instructions to implement this article until regulations are adopted, and it must adopt emergency regulations by July 1, 2014.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 3. STATE GOVERNMENT’S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE USE OF ALCOHOL AND OTHER DRUGS [11876 - 11975] ( Heading of Part 3 amended by Stats. 2024, Ch. 847, Sec. 84. ) ## CHAPTER 2. Community Alcohol and Other Drug Use Control [11970 - 11975] ( Heading of Chapter 2 amended by Stats. 2024, Ch. 847, Sec. 85. ) ## ARTICLE 1. Comprehensive Drug Court Implementation Act of 1999 [11970 - 11974] ( Article 1 added by Stats. 2012, Ch. 36, Sec. 67. ) ## 11974. (a) Notwithstanding the rulemaking provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific the amendments to this article made by the act that added this section by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions from the department until regulations are adopted pursuant to that chapter of the Government Code. (b) The department shall adopt emergency regulations no later than July 1, 2014. The department may subsequently readopt any emergency regulation authorized by this section that is the same as or is substantially equivalent to an emergency regulation previously adopted pursuant to this section. (c) The initial adoption of emergency regulations implementing this article and the one readoption of emergency regulations authorized by this section shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and each shall remain in effect for no more than 180 days, by which time final regulations may be adopted. (Added by Stats. 2012, Ch. 36, Sec. 67. (SB 1014) Effective June 27, 2012. Operative July 1, 2012, by Sec. 83 of Ch. 36.)
  36. 11975.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 3. STATE GOVERNMENT’S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE USE OF ALCOHOL AND OTHER DRUGS [11876 - 11975] ( Heading of Part 3 amended by Stats. 2024, Ch. 847, Sec. 84. ) ## CHAPTER 2. Community Alcohol and Other Drug Use Control [11970 - 11975] ( Heading of Chapter 2 amended by Stats. 2024, Ch. 847, Sec. 85. ) ## ARTICLE 2. Drug Court Partnership Act of 2002 [11975- 11975.] ( Article 2 repealed and added by Stats. 2012, Ch. 36, Sec. 69. )

    Verify source ↗

    This section sets up the Drug Court Partnership Program, assigns administration to the State Department of Alcohol and Drug Programs, requires participating counties to submit revised multiagency plans, and lets the department disburse future appropriations under a stated condition.

    ## Health and Safety Code - HSC ## DIVISION 10.5. ALCOHOL AND OTHER DRUG PROGRAMS [11750 - 11975] ( Heading of Division 10.5 amended by Stats. 2025, Ch. 569, Sec. 4. ) ## PART 3. STATE GOVERNMENT’S ROLE TO ALLEVIATE PROBLEMS RELATED TO THE USE OF ALCOHOL AND OTHER DRUGS [11876 - 11975] ( Heading of Part 3 amended by Stats. 2024, Ch. 847, Sec. 84. ) ## CHAPTER 2. Community Alcohol and Other Drug Use Control [11970 - 11975] ( Heading of Chapter 2 amended by Stats. 2024, Ch. 847, Sec. 85. ) ## ARTICLE 2. Drug Court Partnership Act of 2002 [11975- 11975.] ( Article 2 repealed and added by Stats. 2012, Ch. 36, Sec. 69. ) ## 11975. (a) This article shall be known and may be cited as the Drug Court Partnership Act of 2002. (b) The Drug Court Partnership Program, as provided for in this article, shall be administered by the State Department of Alcohol and Drug Programs for the purpose of providing assistance to drug courts that accept only defendants who have been convicted of felonies. The department and the Judicial Council shall design and implement this program through the Drug Court Systems Steering Committee as originally established by the department and the Judicial Council to implement the former Drug Court Partnership Act of 1998 (Article 3 (commencing with Section 11970)). (c) (1) The department shall require counties that participate in the Drug Court Partnership Program to submit a revised multiagency plan that is in conformance with the Drug Court Systems Steering Committee’s recommended guidelines. Revised multiagency plans that are reviewed and approved by the department and recommended by the Drug Court Systems Steering Committee shall be funded for the 2002–03 fiscal year under this article. The department, without a renewal of the Drug Court Systems Steering Committee’s original recommendation, may disburse future year appropriations to the grantees. (2) The multiagency plan shall identify the resources and strategies for providing an effective drug court program exclusively for convicted felons who meet the requirements of this article and the guidelines adopted thereunder, and shall set forth the basis for determining eligibility for participation that will maximize savings to the state in avoided prison costs. (3) The multiagency plan shall include, but not be limited to, all of the following components: (A) The method by which the drug court will ensure that the target population of felons will be identified and referred to the drug court. (B) The elements of the treatment and supervision programs. (C) The method by which the grantee will provide the specific outcomes and data required by the department to determine state prison savings or cost avoidance. (D) Assurance that funding received pursuant to this article will be used to supplement, rather than supplant, existing programs. (d) Funds shall be used only for programs that are identified in the approved multiagency plan. Acceptable uses may include, but shall not be limited to, any of the following: (1) Drug court coordinators. (2) Training. (3) Drug testing. (4) Treatment. (5) Transportation. (6) Other costs related to substance abuse treatment. (e) The department shall identify and design a data collection instrument to determine state prison cost savings and avoidance from this program. (f) This section shall become inoperative on July 1, 2013. (Amended by Stats. 2013, Ch. 22, Sec. 63. (AB 75) Effective June 27, 2013. Amending action operative July 1, 2013, by Sec. 110 of Ch. 22. Section inoperative July 1, 2013, by its own provisions from this amendment.)
  37. 11998.

    ## Health and Safety Code - HSC ## DIVISION 10.6. DRUG AND ALCOHOL ABUSE MASTER PLANS [11998 - 11998.4] ( Division 10.6 added by Stats. 1988, Ch. 983, Sec. 4. ) ## CHAPTER 1. Long-Range Goals [11998 - 11998.4] ( Chapter 1 added by Stats. 1988, Ch. 983, Sec. 4. )

    Verify source ↗

    This section states advisory long-range goals for a five-year master plan to eliminate drug and alcohol abuse in California.

    ## Health and Safety Code - HSC ## DIVISION 10.6. DRUG AND ALCOHOL ABUSE MASTER PLANS [11998 - 11998.4] ( Division 10.6 added by Stats. 1988, Ch. 983, Sec. 4. ) ## CHAPTER 1. Long-Range Goals [11998 - 11998.4] ( Chapter 1 added by Stats. 1988, Ch. 983, Sec. 4. ) ## 11998. This chapter sets forth the long-range goals of a five-year master plan to eliminate drug and alcohol abuse in California. The goals of this chapter are advisory, but it is the intent of the Legislature that the goals will be addressed to the extent possible by each county and by state government. These advisory goals do not amend existing law. Implementation of the goals of the master plan, after the state plan has been developed and issued, shall be subject to the budget review process. (Amended by Stats. 1989, Ch. 1370, Sec. 2. Effective October 2, 1989. Inoperative July 1, 2013, pursuant to Section 11998.4.)
  38. 11998.1.

    ## Health and Safety Code - HSC ## DIVISION 10.6. DRUG AND ALCOHOL ABUSE MASTER PLANS [11998 - 11998.4] ( Division 10.6 added by Stats. 1988, Ch. 983, Sec. 4. ) ## CHAPTER 1. Long-Range Goals [11998 - 11998.4] ( Chapter 1 added by Stats. 1988, Ch. 983, Sec. 4. )

    Verify source ↗

    This section states long-term five-year goals for reducing drug and alcohol abuse through education, prevention, treatment, enforcement, and coordinated public programs.

    ## Health and Safety Code - HSC ## DIVISION 10.6. DRUG AND ALCOHOL ABUSE MASTER PLANS [11998 - 11998.4] ( Division 10.6 added by Stats. 1988, Ch. 983, Sec. 4. ) ## CHAPTER 1. Long-Range Goals [11998 - 11998.4] ( Chapter 1 added by Stats. 1988, Ch. 983, Sec. 4. ) ## 11998.1. It is the intent of the Legislature that the following long-term five-year goals be achieved: (a) With regard to education and prevention of drug and alcohol abuse programs, the following goals: (1) Drug and alcohol abuse education has been included within the mandatory curriculum in kindergarten and grades 1 to 12, inclusive, in every public school in California. (2) Basic training on how to recognize, and understand what to do about, drug and alcohol abuse has been provided to administrators and all teachers of kindergarten and grades 1 to 12, inclusive. (3) All school counselors and school nurses have received comprehensive drug and alcohol abuse training. (4) Each school district with kindergarten and grades 1 to 12, inclusive, has appointed a drug and alcohol abuse advisory team of school administrators, teachers, counselors, students, parents, community representatives, and health care professionals, all of whom have expertise in drug and alcohol abuse prevention. The team coordinates with and receives consultation from the county alcohol and drug program administrators. (5) Every school board member has received basic drug and alcohol abuse information. (6) Each school district has a drug and alcohol abuse specialist to assist the individual schools. (7) Each school in grades 7 to 12, inclusive, has student peer group drug and alcohol abuse programs. (8) Every school district with kindergarten and grades 1 to 12, inclusive, has updated written drug and alcohol abuse policies and procedures including disciplinary procedures which will be given to every school employee, every student, and every parent. (9) The California State University and the University of California have evaluated and, if feasible, established educational programs and degrees in the area of drug and alcohol abuse. (10) Every school district with kindergarten and grades 1 to 12, inclusive, has an established parent teachers group with drug and alcohol abuse prevention goals. (11) Every school district has instituted a drug and alcohol abuse education program for parents. (12) Drug and alcohol abuse training has been imposed as a condition for teacher credentialing and license renewal, and knowledge on the issue is measured on the California Basic Education Skills Test. (13) Drug and alcohol abuse knowledge has been established as a component on standardized competency tests as a requirement for graduation. (14) Every school district has established a parent support group. (15) Every school district has instituted policies that address the special needs of children who have been rehabilitated for drug or alcohol abuse problems and who are reentering school. These policies shall consider the loss of schooltime, the loss of academic credits, and the sociological problems associated with drug and alcohol abuse, its rehabilitation, and the educational delay it causes. (16) The number of drug and alcohol abuse related incidents on school grounds has decreased by 20 percent. (b) With regard to community programs, the following goals: (1) Every community-based social service organization that receives state and local financial assistance has drug and alcohol abuse information available for clients. (2) All neighborhood watch, business watch, and community conflict resolution programs have included drug and alcohol abuse prevention efforts. (3) All community-based programs that serve schoolaged children have staff trained in drug and alcohol abuse and give a clear, drug- and alcohol-free message. (c) With regard to drug and alcohol abuse programs of the media, the following goals: (1) The state has established a comprehensive media campaign that involves all facets of the drug and alcohol abuse problem, including treatment, education, prevention, and intervention that will result in increasing the public’s knowledge and awareness of the detrimental effects of alcohol and drug use, reducing the use of alcohol and drugs, and increasing healthy lifestyle choices. (2) The department on a statewide basis, and the county board of supervisors or its designees at the local level, have: (A) Assisted the entertainment industry in identifying ways to use the entertainment industry effectively to encourage lifestyles free of substance abuse. (B) Assisted the manufacturers of drug and alcohol products in identifying ways to use product advertising effectively to discourage substance abuse. (C) Assisted television stations in identifying ways to use television programming effectively to encourage lifestyles free of substance abuse. (3) A statewide cooperative fundraising program with recording artists and the entertainment industry has been encouraged to fund drug and alcohol abuse prevention efforts in the state. (d) With regard to drug and alcohol abuse health care programs, the following goals: (1) The number of drug and alcohol abuse-related medical emergencies has decreased by 4 percent per year. (2) All general acute care hospitals and AIDS medical service providers have provided information to their patients on drug and alcohol abuse. (3) The Medical Board of California, the Psychology Examining Committee, the Board of Registered Nursing, and the Board of Behavioral Science Examiners have developed and implemented the guidelines or regulations requiring drug and alcohol abuse training for their licensees, and have developed methods of providing training for those professionals. (e) With regard to private sector drug and alcohol abuse programs, the following goals: (1) A significant percentage of businesses in the private sector have developed personnel policies that discourage drug and alcohol abuse and encourage supervision, training, and employee education. (2) Noteworthy and publicly recognized figures and private industry have been encouraged to sponsor fundraising events for drug and alcohol abuse prevention. (3) Every public or private athletic team has been encouraged to establish policies forbidding drug and alcohol abuse. (4) The private sector has established personnel policies that discourage drug and alcohol abuse but encourage treatment for those employees who require this assistance. (f) With regard to local government drug and alcohol abuse programs, the following goals: (1) Every county has a five-year master plan to eliminate drug and alcohol abuse developed jointly by the county-designated alcohol and drug program administrators, reviewed jointly by the advisory boards set forth in paragraph (2), and approved by the board of supervisors. For those counties in which the alcohol and drug programs are jointly administered, the administrator shall develop the five-year master plan. To the degree possible, all existing local plans relating to drug or alcohol abuse shall be incorporated into the master plan. (2) Every county has an advisory board on alcohol problems and an advisory board on drug programs. The membership of these advisory boards is representative of the county’s population and is geographically balanced. To the maximum extent possible, the county advisory board on alcohol problems and the county advisory board on drug programs will have representatives of the following: (A) Law enforcement. (B) Education. (C) The treatment and recovery community, including a representative with expertise in AIDS treatment services. (D) Judiciary. (E) Students. (F) Parents. (G) Private industry. (H) Other community organizations involved in drug and alcohol services. (I) A representative of organized labor responsible for the provision of Employee Assistance Program services. If any of these areas is not represented on the advisory bodies, the administrator designated in paragraph (1) shall solicit input from a representative of the nonrepresented area prior to the development of a master plan pursuant to paragraph (1). (3) Every county public social service agency has established policies that discourage drug and alcohol abuse and encourage treatment and recovery services when necessary. (4) Every local unit of government has an employee assistance program that addresses drug and alcohol abuse problems. (5) Every local unit of government has considered the potential for drug and alcohol abuse problems when developing zoning ordinances and issuing conditional use permits. (6) Every county master plan includes treatment and recovery services. (6.5) Every county master plan includes specialized provisions to ensure optimum alcohol and drug abuse service delivery for handicapped and disabled persons. (7) Every local unit of government has been encouraged to establish an employee assistance program that includes the treatment of drug and alcohol abuse-related programs. (8) Every local governmental social service provider has established a referral system under which clients with drug and alcohol abuse problems can be referred for treatment. (9) Every county drug and alcohol abuse treatment or recovery program that serves women gives priority for services to pregnant women. (10) Every alcohol and drug abuse program provides AIDS information to all program participants. (g) With regard to state and federal government drug and alcohol abuse programs, the following goals: (1) The Department of Alcoholic Beverage Control has informed all alcohol retailers of the laws governing liquor sales and has provided training available to all personnel selling alcoholic beverages, on identifying and handling minors attempting to purchase alcohol. (2) The Office of Emergency Services has required all applicants for crime prevention and juvenile justice and delinquency prevention funds to include drug and alcohol abuse prevention efforts in their programs. (3) All county applications for direct or indirect drug and alcohol services funding from the department include a prevention component. (4) The Superintendent of Public Instruction has employed drug and alcohol abuse school prevention specialists and assisted school districts with the implementation of prevention programs. (5) The State Department of Health Care Services has staff trained in drug and alcohol abuse prevention who can assist local mental health programs with prevention efforts. (6) The Department of the California Highway Patrol, as permitted by the United States Constitution, has established routine statewide sobriety checkpoints for driving while under the influence. (7) The Department of Corrections and the Department of the Youth Authority have provided drug and alcohol abuse education and prevention services for all inmates, wards, and parolees. Both departments have provided drug and alcohol abuse treatment services for any inmate, ward, or parolee determined to be in need of these services, or who personally requests these services. (8) The Department of Motor Vehicles has distributed prevention materials with each driver’s license or certificate of renewal and each vehicle registration renewal mailed by the Department of Motor Vehicles. (9) Federal prevention programs have been encouraged to follow the master plan. (10) State licensing and program regulations for drug and alcohol abuse treatment programs have been consolidated and administered by one state agency. (11) State treatment funding priorities have been included to specially recognize the multiple diagnosed client who would be eligible for services from more than one state agency. (12) Every state agency has formalized employee assistance programs that include the treatment of drug and alcohol abuse-related problems. (13) The state master plan includes specialized provisions to ensure optimum drug and alcohol abuse service delivery for handicapped and disabled persons. (h) With regard to private sector direct service providers, the following goals: (1) Drinking drivers programs have provided clear measurements of successful completion of the program to the courts for each court-ordered client. (2) Sufficient drug and alcohol treatment and recovery services exist throughout the state to meet all clients’ immediate and long-range needs. (3) Each county to the extent possible provides localized alcohol and drug treatment and recovery services designed for individuals seeking assistance for polydrug abuse. (4) Adequate nonresidential and residential services are available statewide for juveniles in need of alcohol or drug abuse services. (5) Each provider of alcohol or drug services has been certified by the state. (6) Drug and alcohol abuse treatment providers provide general AIDS information during treatment. (i) With regard to supply regulation and reduction in conjunction with drug and alcohol abuse, the following goals: (1) The California National Guard supports federal, state, and local drug enforcement agencies in counternarcotic operations as permitted by applicable laws and regulations. (2) Each county has a drug and alcohol abuse enforcement team, designated by the board of supervisors. This team includes all components of the criminal justice system. This team shall be responsible to the board of supervisors, shall coordinate with the drug and alcohol abuse advisory board and the county on all criminal justice matters relating to drug and alcohol abuse, and shall coordinate, and actively participate, with the county alcohol and drug program administrators throughout the development and implementation of the five-year master plan. (3) The Office of Emergency Services, the Youth and Adult Correctional Agency, the Department of the California Highway Patrol, the Office of Traffic Safety, and the Department of Justice have established a state level drug and alcohol abuse enforcement team that includes representatives from all facets of criminal justice. The lead agency for the enforcement team has been designated by the Governor. This team advises the state and assists the local teams. (4) The Office of Emergency Services, the Youth and Adult Correctional Agency, and the Department of Justice have, as a priority when determining training subjects, prevention seminars on drug and alcohol abuse. The Commission on Peace Officer Standards and Training has, as a priority, when determining training subjects, drug and alcohol enforcement. (5) The Department of the California Highway Patrol, as permitted by the United States Constitution, will, in conjunction with establishing sobriety checkpoints statewide, assist local law enforcement agencies with the establishment of local programs. (6) Counties with more than 10 superior court judgeships have established programs under which drug cases receive swift prosecution by well-trained prosecutors before judges who are experienced in the handling of drug cases. (7) The courts, when determining bail eligibility and the amount of bail for persons suspected of a crime involving a controlled substance, shall consider the quantity of the substance involved when measuring the danger to society if the suspect is released. (8) Drunk driving jails have been established that provide offender education and treatment during incarceration. (9) All probation and parole officers have received drug and alcohol abuse training, including particular training on drug recognition. (10) All parolees and persons on probation with a criminal history that involves drug or alcohol abuse have conditions of parole or probation that prohibit drug and alcohol abuse. (11) The Judicial Council has provided training on drug and alcohol abuse for the judges. (12) The courts, when sentencing offenders convicted of selling drugs, consider “street value” of the drugs involved in the underlying crime. (13) Judges have been encouraged to include drug and alcohol abuse treatment and prevention services in sentences for all offenders. Judges are requiring, as a condition of sentencing, drug and alcohol abuse education and treatment services for all persons convicted of driving under the influence of alcohol or drugs. (14) Juvenile halls and jails provide clients with information on drug and alcohol abuse. (15) The estimated number of clandestine labs operating in California has decreased by 10 percent per year. (16) Each local law enforcement agency has developed, with the schools, protocol on responding to school drug and alcohol abuse problems. (17) Every county has instituted a mandatory driving-under-the-influence presentence offender evaluation program. (Amended by Stats. 2013, Ch. 352, Sec. 337. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352. Inoperative July 1, 2013, pursuant to Section 11998.4.)
  39. 11998.2.

    ## Health and Safety Code - HSC ## DIVISION 10.6. DRUG AND ALCOHOL ABUSE MASTER PLANS [11998 - 11998.4] ( Division 10.6 added by Stats. 1988, Ch. 983, Sec. 4. ) ## CHAPTER 1. Long-Range Goals [11998 - 11998.4] ( Chapter 1 added by Stats. 1988, Ch. 983, Sec. 4. )

    Verify source ↗

    This section defines “department” and sets out county master plan and state-agency reporting duties for drug and alcohol abuse programs.

    ## Health and Safety Code - HSC ## DIVISION 10.6. DRUG AND ALCOHOL ABUSE MASTER PLANS [11998 - 11998.4] ( Division 10.6 added by Stats. 1988, Ch. 983, Sec. 4. ) ## CHAPTER 1. Long-Range Goals [11998 - 11998.4] ( Chapter 1 added by Stats. 1988, Ch. 983, Sec. 4. ) ## 11998.2. (a) “Department,” as used in this division, means the State Department of Alcohol and Drug Programs. (b) The board of supervisors of each county is encouraged to prepare and adopt a county drug and alcohol abuse master plan, pursuant to paragraph (1) of subdivision (f) of Section 11998.1, that addresses as many of the long-range goals set forth in Section 11998.1 as possible. It is the intent of the Legislature that every county master plan include quantitative outcome objectives that, at a minimum, measure progress in the areas of prevention, education, enforcement, and treatment. It is the intent of the Legislature that these objectives include measurements of: (1) The reduction of arrests for driving under the influence of drugs or alcohol, or both. (2) The reduction of alcohol and drug-related arrests. (3) Increased public education on the dangers of substance abuse and the available prevention techniques including specific measurements of children, parents, and teachers who have received this education. (4) The reduction of alcohol- and drug-related deaths and injuries. (5) The increased number of persons successfully completing drug and alcohol abuse services. If a county master plan is adopted, the board of supervisors or its designee shall, in conjunction with the county advisory boards as established pursuant to paragraph (2) of subdivision (f) of Section 11998.1, annually assess the progress of the county in reaching its long-range goals. (c) Every county or public or private agency within a county that applies for state or local assistance funds for drug and alcohol abuse efforts in their program, may address, to the extent possible, any long-range goals set forth in a county drug and alcohol abuse master plan established pursuant to subdivision (b), and funding priority may be given to those entities which address these goals within their respective programs. (d) The Governor shall designate one state agency to act as the lead agency on all drug and alcohol abuse matters. (e) Every state agency that contracts or grants money to local jurisdictions or programs for drug and alcohol abuse services shall require the submission and shall review the contents of an approved county drug and alcohol abuse master plan, to the extent a plan has been adopted pursuant to subdivision (b). (f) Every state agency that offers drug and alcohol abuse services or financial assistance shall report annually to the Legislature on its efforts to achieve the master plan goals provided in Section 11998.1. Individual agencies may report separately or in combination with other state agencies. (g) The department shall send copies of this division to all state-funded social service programs that provide drug and alcohol abuse services. (h) The department shall maintain copies of every county drug and alcohol abuse master plan for review by other state agencies and the Legislature. (i) The Governor shall designate one statewide resource center to coordinate efforts of other resource centers statewide and to coordinate with local government and assist in their preparation of drug and alcohol abuse master plans. (j) The department shall maintain an annually updated listing of all drug and alcohol abuse programs provided or funded by the state. Every other state agency shall regularly provide the department with current information on programs they fund or provide. (k) The Governor’s Policy Council on Drug and Alcohol Abuse shall review and consider all of the goals contained in Section 11998.1. (Amended by Stats. 2004, Ch. 193, Sec. 91. Effective January 1, 2005. Inoperative July 1, 2013, pursuant to Section 11998.4.)
  40. 11998.3.

    ## Health and Safety Code - HSC ## DIVISION 10.6. DRUG AND ALCOHOL ABUSE MASTER PLANS [11998 - 11998.4] ( Division 10.6 added by Stats. 1988, Ch. 983, Sec. 4. ) ## CHAPTER 1. Long-Range Goals [11998 - 11998.4] ( Chapter 1 added by Stats. 1988, Ch. 983, Sec. 4. )

    Verify source ↗

    The drug and alcohol abuse enforcement team must adopt measures to coordinate local drug and alcohol abuse law enforcement efforts.

    ## Health and Safety Code - HSC ## DIVISION 10.6. DRUG AND ALCOHOL ABUSE MASTER PLANS [11998 - 11998.4] ( Division 10.6 added by Stats. 1988, Ch. 983, Sec. 4. ) ## CHAPTER 1. Long-Range Goals [11998 - 11998.4] ( Chapter 1 added by Stats. 1988, Ch. 983, Sec. 4. ) ## 11998.3. (a) Priority in allocating state funds for substance abuse to law enforcement agencies shall be given to those counties whose law enforcement agencies are participating in both of the following: (1) A drug and alcohol abuse enforcement team established in accordance with paragraph (2) of subdivision (i) of Section 11998.1. (2) Development and implementation of a county master plan pursuant to this chapter. (b) The drug and alcohol abuse enforcement team shall adopt measures to coordinate the efforts of drug and alcohol abuse law enforcement agencies within the county. (Repealed and added by Stats. 1990, Ch. 1610, Sec. 3. Inoperative July 1, 2013, pursuant to Section 11998.4.)
  41. 11998.4.

    ## Health and Safety Code - HSC ## DIVISION 10.6. DRUG AND ALCOHOL ABUSE MASTER PLANS [11998 - 11998.4] ( Division 10.6 added by Stats. 1988, Ch. 983, Sec. 4. ) ## CHAPTER 1. Long-Range Goals [11998 - 11998.4] ( Chapter 1 added by Stats. 1988, Ch. 983, Sec. 4. )

    Verify source ↗

    This division becomes inoperative on July 1, 2013.

    ## Health and Safety Code - HSC ## DIVISION 10.6. DRUG AND ALCOHOL ABUSE MASTER PLANS [11998 - 11998.4] ( Division 10.6 added by Stats. 1988, Ch. 983, Sec. 4. ) ## CHAPTER 1. Long-Range Goals [11998 - 11998.4] ( Chapter 1 added by Stats. 1988, Ch. 983, Sec. 4. ) ## 11998.4. This division shall become inoperative on July 1, 2013. (Added by Stats. 2013, Ch. 22, Sec. 64. (AB 75) Effective June 27, 2013. Operative July 1, 2013, by Sec. 110 of Ch. 22. Note: Termination clause affects Division 10.6, commencing with Section 11998.)
  42. 11999.

    ## Health and Safety Code - HSC ## DIVISION 10.7. SUBSTANCE USE DISORDER PREVENTION, TREATMENT, AND RECOVERY PROGRAMS [11999 - 11999.3] ( Division 10.7 repealed and added by Stats. 2025, Ch. 569, Sec. 9. )

    Verify source ↗

    The provision says substance use disorder prevention and treatment services must be medically accurate, culturally congruent, and evidence based.

    ## Health and Safety Code - HSC ## DIVISION 10.7. SUBSTANCE USE DISORDER PREVENTION, TREATMENT, AND RECOVERY PROGRAMS [11999 - 11999.3] ( Division 10.7 repealed and added by Stats. 2025, Ch. 569, Sec. 9. ) ## 11999. The Legislature finds and declares all of the following: (a) The Legislature has established various drug- and alcohol-related programs which provide for education, prevention, intervention, treatment, or enforcement. (b) The Legislature has classified certain substances as controlled substances and has defined the lawful and unlawful use of controlled substances which are commonly referred to as, but not limited to, anabolic steroids, marijuana, and cocaine. (c) The Legislature has classified certain substances as imitation controlled substances which are commonly referred to as, but not limited to, designer drugs. (d) The Legislature has determined that the possession with the intent to be under the influence, or being under the influence of toluene, or any substance or material containing toluene, or any substance with similar toxic qualities, is unlawful. Some substances or materials containing toluene, or substances with similar toxic qualities are commonly referred to, but not limited to, inhalants such as cement, glue, and paint thinner. (e) The Legislature has determined that the purchase, possession, or use of alcohol by persons under 21 years of age is unlawful. (f) Substance use disorder should be viewed and treated as a health problem, as well as a public safety problem as described in Section 11760.5. (g) Comprehensive prevention and treatment services for individuals experiencing or recovering from substance use disorders must be medically accurate, culturally congruent, and evidence based. (h) Naloxone, a life-saving opioid antagonist medication used to reverse an opioid overdose, including heroin, fentanyl, and prescription opioid medications, is safe and easy to use, works almost immediately, and is not addictive. Naloxone has very few negative effects, and has no effect if opioids are not in a person’s system. (i) With the establishment of the Naloxone Distribution Program and the United States Food and Drug Administration’s approval for over-the-counter, nonprescription use of naloxone for the reversal of an opioid overdose, the Legislature further finds that carrying naloxone provides an extra layer of protection for those at a higher risk for overdose. Although most professional first responders and emergency departments carry naloxone, they may not arrive in time to reverse an opioid overdose. Anyone can carry naloxone, give it to someone having an overdose, and potentially save a life. Bystanders such as friends, family, non-health care providers, and persons who use drugs can reverse an opioid overdose with naloxone. (Amended by Stats. 2025, Ch. 569, Sec. 10. (AB 1037) Effective January 1, 2026.)
  43. 11999.1.

    ## Health and Safety Code - HSC ## DIVISION 10.7. SUBSTANCE USE DISORDER PREVENTION, TREATMENT, AND RECOVERY PROGRAMS [11999 - 11999.3] ( Division 10.7 repealed and added by Stats. 2025, Ch. 569, Sec. 9. )

    Verify source ↗

    This section defines key terms used in the division, including “drug,” “drug- or alcohol-related program,” “local agency,” and “state agency.”

    ## Health and Safety Code - HSC ## DIVISION 10.7. SUBSTANCE USE DISORDER PREVENTION, TREATMENT, AND RECOVERY PROGRAMS [11999 - 11999.3] ( Division 10.7 repealed and added by Stats. 2025, Ch. 569, Sec. 9. ) ## 11999.1. For the purpose of this division, the following definitions apply: (a) “Drug” means all of the following: (1) Any controlled substance as defined in Division 10 (commencing with Section 11000). (2) Any imitation controlled substance as defined in Chapter 1 (commencing with Section 11670) of Division 10.1. (3) Toluene or any substance or material containing toluene or any substance with similar toxic qualities as set forth in Sections 380 and 381 of the Penal Code. (b) “Drug- or alcohol-related program” means any program designed to assist persons with substance use disorders whether through education, prevention, intervention, treatment, or other means. (c) “Local agency” shall include, but is not limited to, a county, a city, a city and county, and school district. (d) “State agency” shall include the State Department of Health Care Services, the State Department of Education, the Department of Justice, the Office of Criminal Justice Planning, and the Office of Traffic Safety. Any other state agency or department may comply with this division. (Amended by Stats. 2025, Ch. 569, Sec. 11. (AB 1037) Effective January 1, 2026.)
  44. 11999.10.

    ## Health and Safety Code - HSC ## DIVISION 10.8. SUBSTANCE ABUSE TREATMENT FUNDING [11999.4 - 11999.13] ( Division 10.8 added November 7, 2000, by initiative Proposition 36, Sec. 7. )

    Verify source ↗

    The department must allocate up to 0.5% of the fund’s total money each year to pay for studies required under Section 11999.9.

    ## Health and Safety Code - HSC ## DIVISION 10.8. SUBSTANCE ABUSE TREATMENT FUNDING [11999.4 - 11999.13] ( Division 10.8 added November 7, 2000, by initiative Proposition 36, Sec. 7. ) ## 11999.10. The department shall allocate up to 0.5 percent of the fund’s total moneys each year to fund the costs of the studies required in Section 11999.9 by a public or private university. (Amended by Stats. 2006, Ch. 63, Sec. 4. Effective July 12, 2006. Note: This section was added on Nov. 7, 2000, by initiative Prop. 36.)
  45. 11999.11.

    ## Health and Safety Code - HSC ## DIVISION 10.8. SUBSTANCE ABUSE TREATMENT FUNDING [11999.4 - 11999.13] ( Division 10.8 added November 7, 2000, by initiative Proposition 36, Sec. 7. )

    Verify source ↗

    Counties must file an annual report with the department about clients-participants served through this funding, and the department must issue a reporting form and set the filing deadline.

    ## Health and Safety Code - HSC ## DIVISION 10.8. SUBSTANCE ABUSE TREATMENT FUNDING [11999.4 - 11999.13] ( Division 10.8 added November 7, 2000, by initiative Proposition 36, Sec. 7. ) ## 11999.11. County Reports Counties shall submit a report annually to the department detailing the numbers and characteristics of clients-participants served as a result of funding provided by this act. The department shall promulgate a form which shall be used by the counties for the reporting of this information, as well as any other information that may be required by the department. The department shall establish a deadline by which the counties shall submit their reports. (Added November 7, 2000, by initiative Proposition 36, Sec. 7. Operative July 1, 2001, pursuant to Sec. 8 of Prop. 36.)
  46. 11999.12.

    ## Health and Safety Code - HSC ## DIVISION 10.8. SUBSTANCE ABUSE TREATMENT FUNDING [11999.4 - 11999.13] ( Division 10.8 added November 7, 2000, by initiative Proposition 36, Sec. 7. )

    Verify source ↗

    The department must periodically audit county spending of these funds, and counties must repay any funds spent contrary to the act. The department may allow a corrective action instead of repayment.

    ## Health and Safety Code - HSC ## DIVISION 10.8. SUBSTANCE ABUSE TREATMENT FUNDING [11999.4 - 11999.13] ( Division 10.8 added November 7, 2000, by initiative Proposition 36, Sec. 7. ) ## 11999.12. The department shall conduct periodic audits of the expenditures made by any county that is funded, in whole or in part, with funds provided by this act. Counties shall repay to the department any funds that are not spent in accordance with the requirements of this act. The department may require a corrective action by the county in the place of repayment, as determined by the department. (Amended by Stats. 2006, Ch. 63, Sec. 5. Effective July 12, 2006. Note: This section was added on Nov. 7, 2000, by initiative Prop. 36.)
  47. 11999.13.

    ## Health and Safety Code - HSC ## DIVISION 10.8. SUBSTANCE ABUSE TREATMENT FUNDING [11999.4 - 11999.13] ( Division 10.8 added November 7, 2000, by initiative Proposition 36, Sec. 7. )

    Verify source ↗

    A county may keep unspent Substance Abuse Treatment Trust Fund money at the end of each fiscal year, and may spend it on qualifying drug programs if the department approves.

    ## Health and Safety Code - HSC ## DIVISION 10.8. SUBSTANCE ABUSE TREATMENT FUNDING [11999.4 - 11999.13] ( Division 10.8 added November 7, 2000, by initiative Proposition 36, Sec. 7. ) ## 11999.13. Excess Funds At the end of each fiscal year, a county may retain unspent funds received from the Substance Abuse Treatment Trust Fund and may spend those funds, if approved by the department, on drug programs that further the purposes of this act. (Added November 7, 2000, by initiative Proposition 36, Sec. 7. Operative July 1, 2001, pursuant to Sec. 8 of Prop. 36.)
  48. 11999.3.

    ## Health and Safety Code - HSC ## DIVISION 10.7. SUBSTANCE USE DISORDER PREVENTION, TREATMENT, AND RECOVERY PROGRAMS [11999 - 11999.3] ( Division 10.7 repealed and added by Stats. 2025, Ch. 569, Sec. 9. )

    Verify source ↗

    State and local agencies giving funds to drug- or alcohol-related programs must set compliance guidelines and appeals processes, and funded programs must follow Section 11999.2 and file written assurances when required.

    ## Health and Safety Code - HSC ## DIVISION 10.7. SUBSTANCE USE DISORDER PREVENTION, TREATMENT, AND RECOVERY PROGRAMS [11999 - 11999.3] ( Division 10.7 repealed and added by Stats. 2025, Ch. 569, Sec. 9. ) ## 11999.3. (a) A state agency that distributes state funds to an entity, whether public or private, for a drug- or alcohol-related program shall establish and provide guidelines and procedures for the entity to use to ensure compliance with this division. If the drug or alcohol program fails to satisfy the guidelines adopted by the state agency, the drug or alcohol program shall not receive state funds from the state agency. A state agency that provides or develops drug- or alcohol-related programs shall also comply with this division. (b) Each state and local agency which distributes funds shall establish a reasonable time frame for each program to comply with the requirements of this division. (c) A drug- or alcohol-related program that receives state funds from a local agency shall file with the local agency which distributes the state funds a written assurance signed by the person responsible for operating the drug- or alcohol-related program stating all of the following: (1) The person understands the requirements of Section 11999.2. (2) The person has reviewed those aspects of the program to which Section 11999.2 applies. (3) Those aspects of the program to which Section 11999.2 applies meet the requirements of Section 11999.2. (d) Every state or local agency distributing funds to which this division applies shall provide a process for appealing a determination to deny or terminate funding to a drug- or alcohol-related program based upon noncompliance with the requirements of this division. When funding is allocated to counties for distribution to local agencies, the director of the state agency distributing the funds shall develop and distribute to counties guidelines for the development of a local appeals process. (e) A local agency which receives state funds from a state agency for establishing a drug- or alcohol-related program and which has discretionary authority for how the local agency spends the state funds, shall consider the requirements of Section 11999.2 in establishing the drug- or alcohol-related program. (f) School district personnel who have authority to select and purchase instructional materials, curricula, or both, for the purpose of teaching drug or alcohol use prevention, or both, shall follow the requirements specified in Section 11999.2. (Added by Stats. 1989, Ch. 1429, Sec. 1. Operative July 1, 1990, by Sec. 3 of Ch. 1429.)
  49. 11999.4.

    ## Health and Safety Code - HSC ## DIVISION 10.8. SUBSTANCE ABUSE TREATMENT FUNDING [11999.4 - 11999.13] ( Division 10.8 added November 7, 2000, by initiative Proposition 36, Sec. 7. )

    Verify source ↗

    This section creates the Substance Abuse Treatment Trust Fund in the State Treasury and makes it continuously appropriated for the division’s purposes.

    ## Health and Safety Code - HSC ## DIVISION 10.8. SUBSTANCE ABUSE TREATMENT FUNDING [11999.4 - 11999.13] ( Division 10.8 added November 7, 2000, by initiative Proposition 36, Sec. 7. ) ## 11999.4. Establishment of the Substance Abuse Treatment Trust Fund A special fund to be known as the “Substance Abuse Treatment Trust Fund” is created within the State Treasury and is continuously appropriated for carrying out the purposes of this division. (Added November 7, 2000, by initiative Proposition 36, Sec. 7. Operative July 1, 2001, pursuant to Sec. 8 of Prop. 36.)
  50. 11999.5.

    ## Health and Safety Code - HSC ## DIVISION 10.8. SUBSTANCE ABUSE TREATMENT FUNDING [11999.4 - 11999.13] ( Division 10.8 added November 7, 2000, by initiative Proposition 36, Sec. 7. )

    Verify source ↗

    Money is continuously appropriated from the General Fund to the Substance Abuse Treatment Trust Fund for specified fiscal years, and the transferred funds can be used without a time limit.

    ## Health and Safety Code - HSC ## DIVISION 10.8. SUBSTANCE ABUSE TREATMENT FUNDING [11999.4 - 11999.13] ( Division 10.8 added November 7, 2000, by initiative Proposition 36, Sec. 7. ) ## 11999.5. Funding Appropriation Upon passage of this act, $60,000,000 shall be continuously appropriated from the General Fund to the Substance Abuse Treatment Trust Fund for the 2000–01 fiscal year. There is hereby continuously appropriated from the General Fund to the Substance Abuse Treatment Trust Fund an additional $120,000,000 for the 2001–02 fiscal year, and an additional sum of $120,000,000 for each such subsequent fiscal year concluding with the 2005–06 fiscal year. These funds shall be transferred to the Substance Abuse Treatment Trust Fund on July 1 of each of these specified fiscal years. Funds transferred to the Substance Abuse Treatment Trust Fund are not subject to annual appropriation by the Legislature and may be used without a time limit. Nothing in this section precludes additional appropriations by the Legislature to the Substance Abuse Treatment Trust Fund. (Added November 7, 2000, by initiative Proposition 36, Sec. 7. Operative July 1, 2001, pursuant to Sec. 8 of Prop. 36.)
  51. 11999.6.

    ## Health and Safety Code - HSC ## DIVISION 10.8. SUBSTANCE ABUSE TREATMENT FUNDING [11999.4 - 11999.13] ( Division 10.8 added November 7, 2000, by initiative Proposition 36, Sec. 7. )

    Verify source ↗

    The trust fund money must be distributed annually to counties for specified treatment-related costs, and it cannot be used for incarceration costs, supplanting existing funds, or drug treatment courts.

    ## Health and Safety Code - HSC ## DIVISION 10.8. SUBSTANCE ABUSE TREATMENT FUNDING [11999.4 - 11999.13] ( Division 10.8 added November 7, 2000, by initiative Proposition 36, Sec. 7. ) ## 11999.6. Moneys deposited in the Substance Abuse Treatment Trust Fund shall be distributed annually by the Secretary of California Health and Human Services through the State Department of Health Care Services to counties to cover the costs of placing persons in and providing drug treatment programs under this act, and vocational training, family counseling, and literacy training under this act. Additional costs that may be reimbursed from the Substance Abuse Treatment Trust Fund include probation department costs, court monitoring costs, and any miscellaneous costs made necessary by the provisions of this act other than drug testing services of any kind. Incarceration costs cannot be reimbursed from the fund. Those moneys shall be allocated to counties through a fair and equitable distribution formula that includes, but is not limited to, per capita arrests for controlled substance possession violations and substance abuse treatment caseload, as determined by the department as necessary to carry out the purposes of this act. The department may reserve a portion of the fund to pay for direct contracts with drug treatment service providers in counties or areas in which the director of the department has determined that demand for drug treatment services is not adequately met by existing programs. However, nothing in this section shall be interpreted or construed to allow any entity to use funds from the Substance Abuse Treatment Trust Fund to supplant funds from any existing fund source or mechanism currently used to provide substance abuse treatment. In addition, funds from the Substance Abuse Treatment Trust Fund shall not be used to fund in any way the drug treatment courts established pursuant to Article 1 (commencing with Section 11970) or Article 2 (commencing with Section 11975) of Chapter 2 of Part 3 of Division 10.5, including drug treatment or probation supervision associated with those drug treatment courts. (Amended by Stats. 2013, Ch. 22, Sec. 66. (AB 75) Effective June 27, 2013. Operative July 1, 2013, by Sec. 110 of Ch. 22. Note: This section was added on Nov. 7, 2000, by initiative Prop. 36.)
  52. 11999.6.1.

    ## Health and Safety Code - HSC ## DIVISION 10.8. SUBSTANCE ABUSE TREATMENT FUNDING [11999.4 - 11999.13] ( Division 10.8 added November 7, 2000, by initiative Proposition 36, Sec. 7. )

    Verify source ↗

    The department must withhold projected unencumbered county funds, keep a 5% reserve for eligible counties, reallocate 75% and reserve 25% of withheld amounts, and adjust allocations based on actual expenditures. The Director of Finance may authorize extra spending in limited circumstances after notice.

    ## Health and Safety Code - HSC ## DIVISION 10.8. SUBSTANCE ABUSE TREATMENT FUNDING [11999.4 - 11999.13] ( Division 10.8 added November 7, 2000, by initiative Proposition 36, Sec. 7. ) ## 11999.6.1. (a) Notwithstanding any other provision of law, when the department allocates funds appropriated to the Substance Abuse Treatment Trust Fund, it shall withhold from any allocation to a county the amount of funds previously allocated to that county from the fund that are projected to remain unencumbered, up to the amount that would otherwise be allocated to that county. The department shall allow a county with unencumbered funds to retain a reserve of 5 percent of the amount allocated to that county for the most recent fiscal year in which the county received an allocation from the fund without a reduction pursuant to this subdivision. (b) The department shall allocate 75 percent of the amount withheld pursuant to subdivision (a) in accordance with Section 11999.6 and any regulations adopted pursuant to that section, but taking into account any amount withheld pursuant to subdivision (a). (c) The department shall reserve 25 percent of the amount withheld pursuant to subdivision (a) until all counties have submitted final actual expenditures for the most recent fiscal year. The department shall then allocate the funds reserved to adjust for actual rather than projected unencumbered funds, to the extent that the amount reserved is adequate to do so. Any balance of funds not reallocated pursuant to this subdivision shall be allocated in accordance with subdivision (e). (d) If the department determines from actual expenditures that more funds should have been withheld from any county than were withheld pursuant to subdivision (a), it shall adjust any allocations pursuant to subdivision (e) accordingly, to the extent possible. If one or more counties fails to report actual expenditures in a timely manner, the department may, in its discretion, proceed with the available information, and may exclude any nonreporting county from any allocations pursuant to this section. (e) If revenues, funds, or other receipts to the Substance Abuse Treatment Trust Fund are sufficient to create additional allocations to counties, through reconsideration of unencumbered funds, audit recoveries, or otherwise, the Director of Finance may authorize expenditures for the department in excess of the amount appropriated no earlier than 30 days after notification in writing of the necessity therefor is provided to the chairpersons of the fiscal committees in each house and the Chairperson of the Joint Legislative Budget Committee, or at an earlier time that the Chairperson of the Joint Legislative Budget Committee, or his or her designee, may in each instance determine. (f) The department may implement this section by All-County Lead Agency letters or other similar instructions, and need not comply with the rulemaking requirements of Chapter 3.5 (commencing with Section 11340) of Division 3 of Title 2 of the Government Code. (Added by Stats. 2006, Ch. 75, Sec. 23.1. Effective July 12, 2006.)
  53. 11999.7.

    ## Health and Safety Code - HSC ## DIVISION 10.8. SUBSTANCE ABUSE TREATMENT FUNDING [11999.4 - 11999.13] ( Division 10.8 added November 7, 2000, by initiative Proposition 36, Sec. 7. )

    Verify source ↗

    A community drug treatment program can receive money from the Substance Abuse Treatment Trust Fund only if it agrees to put its facilities under valid local zoning ordinances and development agreements.

    ## Health and Safety Code - HSC ## DIVISION 10.8. SUBSTANCE ABUSE TREATMENT FUNDING [11999.4 - 11999.13] ( Division 10.8 added November 7, 2000, by initiative Proposition 36, Sec. 7. ) ## 11999.7. Local Government Authority to Control Location of Drug Treatment Programs Notwithstanding any other provision of law, no community drug treatment program may receive any funds from the Substance Abuse Treatment Trust Fund unless the program agrees to make its facilities subject to valid local government zoning ordinances and development agreements. (Added November 7, 2000, by initiative Proposition 36, Sec. 7. Operative July 1, 2001, pursuant to Sec. 8 of Prop. 36.)
  54. 11999.8.

    ## Health and Safety Code - HSC ## DIVISION 10.8. SUBSTANCE ABUSE TREATMENT FUNDING [11999.4 - 11999.13] ( Division 10.8 added November 7, 2000, by initiative Proposition 36, Sec. 7. )

    Verify source ↗

    Surplus money left in the Substance Abuse Treatment Trust Fund at the end of a fiscal year may be used for drug treatment programs in the next fiscal year.

    ## Health and Safety Code - HSC ## DIVISION 10.8. SUBSTANCE ABUSE TREATMENT FUNDING [11999.4 - 11999.13] ( Division 10.8 added November 7, 2000, by initiative Proposition 36, Sec. 7. ) ## 11999.8. Surplus Funds Any funds remaining in the Substance Abuse Treatment Trust Fund at the end of a fiscal year may be utilized to pay for drug treatment programs to be carried out in the subsequent fiscal year. (Added November 7, 2000, by initiative Proposition 36, Sec. 7. Operative July 1, 2001, pursuant to Sec. 8 of Prop. 36.)
  55. 11999.9.

    ## Health and Safety Code - HSC ## DIVISION 10.8. SUBSTANCE ABUSE TREATMENT FUNDING [11999.4 - 11999.13] ( Division 10.8 added November 7, 2000, by initiative Proposition 36, Sec. 7. )

    Verify source ↗

    The department must conduct follow-up studies and an annual report about the funded programs, and send the studies to the Legislature by specified dates.

    ## Health and Safety Code - HSC ## DIVISION 10.8. SUBSTANCE ABUSE TREATMENT FUNDING [11999.4 - 11999.13] ( Division 10.8 added November 7, 2000, by initiative Proposition 36, Sec. 7. ) ## 11999.9. (a) The department shall conduct three two-year followup studies to evaluate the effectiveness and financial impact of the programs that are funded pursuant to the requirements of this act, and submit those studies to the Legislature no later than January 1, 2009, January 1, 2011, and January 1, 2013, respectively. The evaluation studies shall include, but not be limited to, a study of the implementation process, a review of lower incarcerations costs, reductions in crime, reduced prison and jail construction, reduced welfare costs, the adequacy of funds appropriated, and other impacts or issues the department can identify, in addition to all of the following: (1) Criminal justice measures on rearrests, jail and prison days averted, and crime trends. (2) A classification, in summary form, of rearrests as having occurred as a result of: (A) A parole violation. (B) A parole revocation. (C) A probation violation. (D) A probation revocation. (3) A classification, in summary form, of the disposition of crimes committed in terms of whether the person was: (A) Retained on probation. (B) Sentenced to jail. (C) Sentenced to prison. (4) Treatment measures on completion rates and quality of life indicators, such as alcohol and drug used, employment, health, mental health, and family and social supports. (5) A separate discussion of the information described in paragraphs (1) to (3), inclusive, for offenders whose primary drug of abuse was methamphetamine or who were arrested for possession or use of methamphetamine and, commencing with the report due on or before January 1, 2009, the report shall include a separate analysis of the costs and benefits of treatment specific to these methamphetamine offenders. (b) In addition to studies to evaluate the effectiveness and financial impact of the programs that are funded pursuant to the requirements of this act, the department shall produce an annual report detailing the number and characteristics of participants served as a result of this act, and the related costs. (Amended by Stats. 2006, Ch. 63, Sec. 3. Effective July 12, 2006. Note: This section was added on Nov. 7, 2000, by initiative Prop. 36.)
  56. 12.

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

    Verify source ↗

    This provision says that words in the masculine gender also include the feminine and neuter.

    ## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. ) ## 12. The masculine gender includes the feminine and neuter. (Enacted by Stats. 1939, Ch. 60.)
  57. 12.2.

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

    Verify source ↗

    “Spouse” includes “registered domestic partner.”

    ## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. ) ## 12.2. “Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code. (Added by Stats. 2016, Ch. 50, Sec. 51. (SB 1005) Effective January 1, 2017.)
  58. 1200.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 1. Definitions and General Provisions [1200 - 1210] ( Article 1 added by Stats. 1978, Ch. 1147. )

    Verify source ↗

    This section defines key clinic terms and says certain counseling-only facilities are not clinics; it also says a clinic is not treated as a Chapter 2 health facility.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 1. Definitions and General Provisions [1200 - 1210] ( Article 1 added by Stats. 1978, Ch. 1147. ) ## 1200. (a) As used in this chapter, “clinic” means an organized outpatient health facility that provides direct medical, surgical, dental, optometric, or podiatric advice, services, or treatment to patients who remain less than 24 hours, and that may also provide diagnostic or therapeutic services to patients in the home as an incident to care provided at the clinic facility. Nothing in this section shall be construed to prohibit the provision of nursing services in a clinic licensed pursuant to this chapter. In no case shall a clinic be deemed to be a health facility subject to the provisions of Chapter 2 (commencing with Section 1250). A place, establishment, or institution that solely provides advice, counseling, information, or referrals on the maintenance of health or on the means and measures to prevent or avoid sickness, disease, or injury, where that advice, counseling, information, or referral does not constitute the practice of medicine, surgery, dentistry, optometry, or podiatry, shall not be deemed a clinic for purposes of this chapter. (b) For purposes of this chapter: (1) “Primary care clinics” means all the types of clinics specified in subdivision (a) of Section 1204, including community clinics and free clinics. (2) “Specialty clinics” means all the types of clinics specified in subdivision (b) of Section 1204, including surgical clinics, chronic dialysis clinics, and rehabilitation clinics. (3) “Clinic corporation” means a nonprofit organization that operates one or more primary care clinics, as defined in paragraph (1) of subdivision (a) of Section 1204, that are required to be licensed under Section 1205, one or more mobile health care units required to be licensed or approved pursuant to the Mobile Health Care Services Act (Chapter 9 (commencing with Section 1765.101)) and operated as primary care clinics, or one or more primary care clinics and one or more mobile health care units. (4) “Department” means the Licensing and Certification Division of the State Department of Public Health, or its successor. (5) “Centralized applications unit” means the centralized applications unit in the Licensing and Certification Division of the department, or a successor entity. (Amended by Stats. 2010, Ch. 502, Sec. 2. (SB 442) Effective January 1, 2011.)
  59. 1200.1.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 1. Definitions and General Provisions [1200 - 1210] ( Article 1 added by Stats. 1978, Ch. 1147. )

    Verify source ↗

    This section defines “clinic” and says references to Section 1200 are treated as references to this section.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 1. Definitions and General Provisions [1200 - 1210] ( Article 1 added by Stats. 1978, Ch. 1147. ) ## 1200.1. (a) As used in this chapter, “clinic” also means an organized outpatient health facility which, pursuant to Section 1204.1, provides direct psychological advice, services, or treatment to patients who remain less than 24 hours, and which may also provide diagnostic or therapeutic services authorized under Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code to patients in the home as an incident to care provided at the clinic facility. (b) Psychological clinics, as defined in Section 1204.1, shall not be considered primary care clinics for the purposes of any state grants, state loans, or other state aid. Nothing contained in this section shall prohibit psychological clinics from receiving payment to which they are otherwise entitled from the state or in which the state participates financially, for services rendered pursuant to their license. (c) Any reference in any statute to Section 1200 shall be deemed and construed to also be a reference to this section. (Added by Stats. 1980, Ch. 1315.)
  60. 12000.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 1. Definitions and Scope [12000 - 12007] ( Chapter 1 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    This section defines “explosives” for this part and gives the State Fire Marshal power to adopt regulations and designate materials as explosives.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 1. Definitions and Scope [12000 - 12007] ( Chapter 1 added by Stats. 1967, Ch. 1497. ) ## 12000. For the purposes of this part, “explosives” means any substance, or combination of substances, the primary or common purpose of which is detonation or rapid combustion, and which is capable of a relatively instantaneous or rapid release of gas and heat, or any substance, the primary purpose of which, when combined with others, is to form a substance capable of a relatively instantaneous or rapid release of gas and heat. “Explosives” includes, but is not limited to, any explosives as defined in Section 841 of Title 18 of the United States Code and published pursuant to Section 555.23 of Title 27 of the Code of Federal Regulations, and any of the following: (a) Dynamite, nitroglycerine, picric acid, lead azide, fulminate of mercury, black powder, smokeless powder, propellant explosives, detonating primers, blasting caps, or commercial boosters. (b) Substances determined to be division 1.1, 1.2, 1.3, or 1.6 explosives as classified by the United States Department of Transportation. (c) Nitro carbo nitrate substances (blasting agent) classified as division 1.5 explosives by the United States Department of Transportation. (d) Any material designated as an explosive by the State Fire Marshal. The designation shall be made pursuant to the classification standards established by the United States Department of Transportation. The State Fire Marshal shall adopt regulations in accordance with the Government Code to establish procedures for the classification and designation of explosive materials or explosive devices that are not under the jurisdiction of the United States Department of Transportation pursuant to provisions of Section 841 of Title 18 of the United States Code and published pursuant to Section 555.23 of Title 27 of the Code of Federal Regulations that define explosives. (e) Certain division 1.4 explosives as designated by the United States Department of Transportation when listed in regulations adopted by the State Fire Marshal. (f) For the purposes of this part, “explosives” does not include any destructive device, as defined in Section 16460 of the Penal Code, nor does it include ammunition or small arms primers manufactured for use in shotguns, rifles, and pistols. (Amended by Stats. 2010, Ch. 178, Sec. 37. (SB 1115) Effective January 1, 2011. Operative January 1, 2012, by Sec. 107 of Ch. 178.)
  61. 12001.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 1. Definitions and Scope [12000 - 12007] ( Chapter 1 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    This part lists activities and materials that are exempt from this explosives chapter, and it requires certain fire-protection local governments to make retailers with black powder notify fire authorities.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 1. Definitions and Scope [12000 - 12007] ( Chapter 1 added by Stats. 1967, Ch. 1497. ) ## 12001. This part does not apply to any of the following: (a) Any person engaged in the transportation of explosives regulated by, and when subject to, the provisions of Division 14 (commencing with Section 31600) of the Vehicle Code. (b) Small arms ammunition of .75 caliber or less when designated as a division 1.4 explosive by the United States Department of Transportation. (c) Fireworks regulated under Part 2 (commencing with Section 12500) of this division, including, but not limited to, special effects pyrotechnics regulated by the State Fire Marshal pursuant to Section 12555. (d) Any explosives while in the course of transportation via railroad, aircraft, water, or highway when the explosives are in actual movement and under the jurisdiction of and in conformity with regulations adopted by the United States Department of Transportation, United States Coast Guard, or the Federal Aviation Agency. However, no explosives shall be sold, given away, or delivered except as provided in Section 12120. (e) Special fireworks classified by the United States Department of Transportation as division 1.3 explosives when those special fireworks are regulated under Part 2 (commencing with Section 12500) of this division, when a permit has been issued pursuant to regulations of the State Fire Marshal. (f) (1) Black powder in quantities of 25 pounds or less in the hands of a retailer having a permit issued under Article 2 (commencing with Section 6066) of Chapter 2 of Part 1 of Division 2 of the Revenue and Taxation Code and in quantities of five pounds or less in the hands of all others and smokeless powder in quantities of 20 pounds or less used, possessed, stored, sold, or transported that is exempted under, or authorized by, the Federal Organized Crime Control Act of 1970 (Public Law 91-452) and applicable federal regulations thereunder. (2) All cities, counties, and special districts and county service areas providing fire protection shall require retailers in possession of black powder to notify fire authorities. (Amended by Stats. 1998, Ch. 478, Sec. 2. Effective January 1, 1999.)
  62. 12002.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 1. Definitions and Scope [12000 - 12007] ( Chapter 1 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    This section says the part does not interfere with local ordinances on explosive delivery, storage, and handling if they are at least as strict, except during transport on highways or at safe stopping places under the Vehicle Code.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 1. Definitions and Scope [12000 - 12007] ( Chapter 1 added by Stats. 1967, Ch. 1497. ) ## 12002. Except when transporting explosives on highways and at safe stopping places established under the provisions of Division 14 (commencing with Section 31600) of the Vehicle Code, this part does not affect the operation of provisions of any city, county, or city and county ordinance respecting the delivery, storage, and handling of explosives which are at least as restrictive as the provisions of this part. (Repealed and added by Stats. 1967, Ch. 1497.)
  63. 12003.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 1. Definitions and Scope [12000 - 12007] ( Chapter 1 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    This section defines “chief” for this part of the code and lists who counts as chief in different situations.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 1. Definitions and Scope [12000 - 12007] ( Chapter 1 added by Stats. 1967, Ch. 1497. ) ## 12003. “Chief” means the Director of Forestry and Fire Protection and his or her authorized representatives, the chief of a fire department or fire protection agency maintained by a city, county, or city and county, or fire protection district and his or her authorized representatives, or the authorized representative of the United States Forest Service. In any area of the state in which there exists no organized fire protection agency responsible for the protection of the area, “chief,” for the purpose of this part only, means the county sheriff and his or her authorized representatives. On any property that is owned by the state, the “chief,” for the purpose of this part, shall be the official of the fire protection agency responsible for the suppression of fires in the area. On any state property where there is no fire protection agency responsible for the suppression of fires, the “chief,” for the purpose of this part, shall be the State Fire Marshal. Upon request of the Director of Forestry and Fire Protection, the chief of a fire department or fire protection agency, or upon request of the county sheriff, the governing body of the area under the jurisdiction of the requesting chief or sheriff may designate any person as “chief” for the purposes of this part. (Amended by Stats. 1992, Ch. 427, Sec. 90. Effective January 1, 1993.)
  64. 12004.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 1. Definitions and Scope [12000 - 12007] ( Chapter 1 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    For this part, “person” includes individuals, organizations, firms, corporations, associations, specified local governments, the state, and their employees and authorized representatives.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 1. Definitions and Scope [12000 - 12007] ( Chapter 1 added by Stats. 1967, Ch. 1497. ) ## 12004. For the purposes of this part, the term “person” shall mean any person, organization, firm, corporation, association, city, county, city and county, and state, and shall include any of their employees and authorized representatives. (Repealed and added by Stats. 1967, Ch. 1497.)
  65. 12005.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 1. Definitions and Scope [12000 - 12007] ( Chapter 1 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    This section says Part 1 does not apply to certain official explosives transportation and use activities.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 1. Definitions and Scope [12000 - 12007] ( Chapter 1 added by Stats. 1967, Ch. 1497. ) ## 12005. This part does not apply to the transportation and use of explosives by representatives of the California Highway Patrol, the State Bureau of Criminal Identification and Investigation, local police departments, sheriff’s departments, and fire departments acting in their official capacity, nor shall this part apply to the transportation and use of explosives by any peace officer authorized to enforce the provisions of this part by Section 12020 when he is acting pursuant to such authority. (Amended by Stats. 1970, Ch. 1425.)
  66. 12005.5.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 1. Definitions and Scope [12000 - 12007] ( Chapter 1 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    This section limits when the explosives rules apply to certain Transportation Department employees, requires advance notice and consultation before seismic exploration, and makes the state strictly liable for resulting injury or property damage.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 1. Definitions and Scope [12000 - 12007] ( Chapter 1 added by Stats. 1967, Ch. 1497. ) ## 12005.5. (a) This part shall not apply to the possession, handling, storage, transportation, or use of not more than 10 pounds of blasting agents (division 1.5 explosives), two pounds of division 1.1, 1.2, or 1.3 explosives, or 1,000 feet of detonating cord, or any combination thereof, by authorized employees of the Department of Transportation, acting within the scope of their employment, in the pursuit of seismic explorations. (b) The Department of Transportation may not undertake that seismic exploration, unless the fire authority having jurisdiction in the area of the proposed seismic exploration has received a written notice from the department at least 48 hours prior to the commencement of the seismic exploration. The notice shall include the time and location of the proposed seismic exploration. In addition, the employee supervising the proposed seismic exploration, or his or her designated representative, shall consult with the fire authority to determine if the proposed handling, storage, transportation, or use of explosives would constitute an unreasonable hazard to life or property. If the fire authority determines that such a hazard would arise, the department shall not engage in that handling, storage, transportation, or use of explosives. (c) The state shall be strictly liable for any injury to any person or property proximately caused by the handling, storage, transportation, or use of explosives by the Department of Transportation for the purpose of conducting seismic exploration. All claims for damages against the state arising under this section are governed by the procedures set forth in Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code. (Amended by Stats. 1998, Ch. 478, Sec. 3. Effective January 1, 1999.)
  67. 12006.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 1. Definitions and Scope [12000 - 12007] ( Chapter 1 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    These explosives provisions and related State Fire Marshal regulations do not apply when the activity is already subject to Division of Occupational Safety and Health requirements, except where this part or those regulations go beyond that division’s scope or authority.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 1. Definitions and Scope [12000 - 12007] ( Chapter 1 added by Stats. 1967, Ch. 1497. ) ## 12006. The provisions of this part and the regulations adopted by the State Fire Marshal pursuant to this part do not apply when the use, handling, possession, storage and transportation is subject to the requirements of the Division of Occupational Safety and Health, Department of Industrial Relations, except as the provisions of this part and the regulations adopted by the State Fire Marshal may extend beyond the scope or authority of the Division of Occupational Safety and Health, Department of Industrial Relations. (Amended by Stats. 1981, Ch. 714.)
  68. 12007.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 1. Definitions and Scope [12000 - 12007] ( Chapter 1 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    This section defines “issuing authority” and requires local governing bodies to designate one and notify the State Fire Marshal; if they do not, the State Fire Marshal must designate the county sheriff.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 1. Definitions and Scope [12000 - 12007] ( Chapter 1 added by Stats. 1967, Ch. 1497. ) ## 12007. (a) For the purposes of this part, the term “issuing authority” shall mean either the sheriff of a county, or the chief or other head of a municipal police department of any city or city and county, or the chief of a fire department or fire protection agency, and their authorized representatives, provided that, in the event the designated issuing authority is the chief of a fire department or fire protection agency, such fire department or fire protection agency is organized with regularly paid full-time personnel. The governing body of any county, city, or city and county shall designate one of the above as the issuing authority within its jurisdiction and shall notify the State Fire Marshal of the person so designated. (b) If the governing body of any county, city, or city and county does not designate an issuing authority pursuant to subdivision (a), the State Fire Marshal shall designate the sheriff of the county as the issuing authority. (Amended by Stats. 1976, Ch. 1094.)
  69. 1201.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 1. Definitions and General Provisions [1200 - 1210] ( Article 1 added by Stats. 1978, Ch. 1147. )

    Verify source ↗

    A license is a basic permit to operate a clinic. It may be granted only to certain clinic types, and it is not transferable.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 1. Definitions and General Provisions [1200 - 1210] ( Article 1 added by Stats. 1978, Ch. 1147. ) ## 1201. “License” means a basic permit to operate a clinic. A license may only be granted to a clinic of a type enumerated in Section 1204 or 1204.1, and the license shall not be transferable. However, the issuance of a license upon a change of ownership shall not of itself constitute a project within the meaning of Section 127170. (Amended by Stats. 1996, Ch. 1023, Sec. 148. Effective September 29, 1996.)
  70. 1201.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 1. Definitions and General Provisions [1200 - 1210] ( Article 1 added by Stats. 1978, Ch. 1147. )

    Verify source ↗

    This section defines a nonprofit speech and hearing center and requires centers to use physician involvement, refer all patients appropriately, keep treatment plans and progress reports, and maintain complete patient service records.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 1. Definitions and General Provisions [1200 - 1210] ( Article 1 added by Stats. 1978, Ch. 1147. ) ## 1201.5. “Nonprofit speech and hearing center” means a nonprofit agency which provides an integrated program of speech pathology and audiology services in an outpatient setting designed to improve the functioning of persons with communicative disorders. A nonprofit speech and hearing center provides diagnostic and therapeutic services for such individuals, together with related counseling, pursuant to policies and procedures governing all aspects of the program formulated with the aid of one or more physicians and surgeons, who shall additionally serve on separate committees which determine patient care policy and perform utilization review functions. A multidisciplinary panel, which includes one or more physicians and surgeons, shall serve as a consulting advisory body to the center. All patients of the center shall be referred by a physician and surgeon, or by a dentist or psychologist as appropriate. A center shall prepare, maintain, and revise, as necessary, a treatment plan for all active patients, and shall provide periodic progress reports to the physician and surgeon or other professional referring the patient. A center shall maintain a complete record of all services rendered with respect to each patient. (Added by Stats. 1979, Ch. 478.)
  71. 120100.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. General Provisions and Definitions [120100 - 120115] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section defines “health officer” for the Communicable Disease Prevention and Control Act.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. General Provisions and Definitions [120100 - 120115] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120100. “Health officer,” as used in the Communicable Disease Prevention and Control Act (Section 27) includes county, city, and district health officers, and city and district health boards, but does not include advisory health boards. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  72. 120105.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. General Provisions and Definitions [120100 - 120115] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    If service or notice of an order or demand is required, it is sufficient to send it by registered or certified mail if a signed receipt is obtained.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. General Provisions and Definitions [120100 - 120115] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120105. Whenever in the Communicable Disease Prevention and Control Act (Section 27), service or notice of any order or demand is provided for, it shall be sufficient to do so by registered or certified mail if a receipt therefor signed by the person to be served or notified is obtained. The receipt shall be prima facie evidence of the service or notice in any civil or criminal action. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  73. 120110.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. General Provisions and Definitions [120100 - 120115] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section defines when a person is considered to have active tuberculosis disease.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. General Provisions and Definitions [120100 - 120115] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120110. As used in the Communicable Disease Prevention and Control Act (Section 27) a person has “active tuberculosis disease” when either one of the following occur: (a) A smear or culture taken from any source in the person’s body has tested positive for tuberculosis and the person has not completed the appropriate prescribed course of medication for active tuberculosis disease. (b) There is radiographic, current clinical, or laboratory evidence sufficient to support a medical diagnosis of tuberculosis for which treatment is indicated. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  74. 120115.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. General Provisions and Definitions [120100 - 120115] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section defines tuberculosis-related terms and several public health and correctional facility terms used in the act.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. General Provisions and Definitions [120100 - 120115] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120115. As used in the Communicable Disease Prevention and Control Act (Section 27) the following terms have the following meanings, unless the context indicates otherwise: (a) “Infectious tuberculosis disease” means active or suspected active tuberculosis disease in an infectious state. (b) “Tuberculosis infection” means the latent phase of tuberculosis, during which the infected person cannot spread tuberculosis to others. (c) “Heightened risk of tuberculosis exposure” means likely exposure to persons with infectious tuberculosis disease. (d) “The appropriate prescribed course of medication for tuberculosis disease” means that course recommended by the health officer, the most recent guidelines of the department, the most recent guidelines of the Centers for Disease Control and Prevention, or the most recent guidelines of the American Thoracic Society. (e) “Directly observed therapy” means the appropriately prescribed course of treatment for tuberculosis disease in which the prescribed antituberculosis medications are administered to the person or taken by the person under direct observation of a health care provider or a designee of the health care provider approved by the local health officer. (f) An “examination” for tuberculosis infection or disease means conducting tests, including, but not limited to, Mantoux tuberculin skin tests, laboratory examination, and X-rays, as recommended by any of the following: (1) The local health officer. (2) The most recent guidelines of the state department. (3) The most recent guidelines of the Centers for Disease Control and Prevention. (4) The most recent guidelines of the American Thoracic Society. (g) “State correctional institution” means a prison, institution, or other facility under the jurisdiction of the Department of Corrections or the Department of the Youth Authority. (h) “Local detention facility” is defined in Section 6031.4 of the Penal Code. (i) “Penal institution” means either a state correctional institution or a local detention facility. (j) “Health facility” means a licensed health facility as defined in Sections 1250, 1250.2, and 1250.3. (k) “Health officer” or “local health officer” includes his or her designee. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  75. 120120.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.5. COVID-19-Related Public Health Orders or Mandatory Guidance [120120 - 120123] ( Chapter 1.5 added by Stats. 2021, Ch. 487, Sec. 1. )

    Verify source ↗

    This section defines “COVID-19” for this chapter as the 2019 novel coronavirus disease.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.5. COVID-19-Related Public Health Orders or Mandatory Guidance [120120 - 120123] ( Chapter 1.5 added by Stats. 2021, Ch. 487, Sec. 1. ) ## 120120. As used in this chapter, “COVID-19” means the 2019 novel coronavirus disease. (Added by Stats. 2021, Ch. 487, Sec. 1. (SB 336) Effective October 4, 2021. Conditionally inoperative as prescribed by Section 120123. Repealed on January 1 following inoperative date pursuant to Section 120123.)
  76. 120121.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.5. COVID-19-Related Public Health Orders or Mandatory Guidance [120120 - 120123] ( Chapter 1.5 added by Stats. 2021, Ch. 487, Sec. 1. )

    Verify source ↗

    When the department issues certain statewide COVID-19 orders or mandatory guidance, it must post them and their effective date on its website and provide a way for people to join an email update list.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.5. COVID-19-Related Public Health Orders or Mandatory Guidance [120120 - 120123] ( Chapter 1.5 added by Stats. 2021, Ch. 487, Sec. 1. ) ## 120121. Notwithstanding any other law, including Sections 120130, 120140, and 120145, when the department issues a statewide order or mandatory guidance related to preventing the spread of COVID-19 or protecting public health against a threat of COVID-19, the department shall do both of the following: (a) Publish, on its internet website, the order or mandatory guidance and the date that the order or mandatory guidance takes effect. (b) Create an opportunity for local communities, businesses, nonprofit organizations, individuals, and others to sign up for an email distribution list relative to changes to the department’s order or mandatory guidance. (Added by Stats. 2021, Ch. 487, Sec. 1. (SB 336) Effective October 4, 2021. Conditionally inoperative as prescribed by Section 120123. Repealed on January 1 following inoperative date pursuant to Section 120123.)
  77. 120122.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.5. COVID-19-Related Public Health Orders or Mandatory Guidance [120120 - 120123] ( Chapter 1.5 added by Stats. 2021, Ch. 487, Sec. 1. )

    Verify source ↗

    When a local health officer issues a qualifying jurisdictionwide COVID-19-related local order, the officer must publish the order and its effective date on the officer’s website and provide a way for people and organizations to sign up for email updates about changes to the order.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.5. COVID-19-Related Public Health Orders or Mandatory Guidance [120120 - 120123] ( Chapter 1.5 added by Stats. 2021, Ch. 487, Sec. 1. ) ## 120122. Notwithstanding any other law, including Section 120175, when a local health officer issues a jurisdictionwide local order, not in conflict with state law or with orders or mandatory guidance issued pursuant to Section 120121, related to preventing the spread of COVID-19 or protecting public health against a threat of COVID-19, the local health officer shall do both of the following: (a) Publish, on their internet website, the order and the date that the order takes effect. (b) Create an opportunity for local communities, businesses, nonprofit organizations, individuals, and others to sign up for an email distribution list relative to changes to the local health officer’s order. (Added by Stats. 2021, Ch. 487, Sec. 1. (SB 336) Effective October 4, 2021. Conditionally inoperative as prescribed by Section 120123. Repealed on January 1 following inoperative date pursuant to Section 120123.)
  78. 120123.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.5. COVID-19-Related Public Health Orders or Mandatory Guidance [120120 - 120123] ( Chapter 1.5 added by Stats. 2021, Ch. 487, Sec. 1. )

    Verify source ↗

    This chapter stays in force while certain public health orders or mandatory guidance are in effect, and it is repealed on January 1 after none of them remain in effect.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.5. COVID-19-Related Public Health Orders or Mandatory Guidance [120120 - 120123] ( Chapter 1.5 added by Stats. 2021, Ch. 487, Sec. 1. ) ## 120123. This chapter shall remain operative while an order or mandatory guidance issued by the department or a local health officer as described in this chapter is in effect, and this chapter shall be repealed as of January 1 following the date that no order or mandatory guidance described in this chapter is in effect. (Added by Stats. 2021, Ch. 487, Sec. 1. (SB 336) Effective October 4, 2021. Repealed on January 1 following inoperative date as prescribed by its own provisions. Note: Repeal affects Chapter 1.5, commencing with Section 120120.)
  79. 120125.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Functions and Duties of the State Department of Health Services [120125 - 120164] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The department must examine the causes of communicable disease in people and domestic animals in this state, or diseases likely to occur here.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Functions and Duties of the State Department of Health Services [120125 - 120164] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120125. The department shall examine into the causes of communicable disease in man and domestic animals occurring or likely to occur in this state. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  80. 120130.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Functions and Duties of the State Department of Health Services [120125 - 120164] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The department must maintain reportable-disease lists and related reporting rules, laboratories must electronically submit certain reports, and the department or health officer may require isolation or quarantine in some cases.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Functions and Duties of the State Department of Health Services [120125 - 120164] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120130. (a) The department shall establish a list of reportable diseases and conditions. For each reportable disease and condition, the department shall specify the timeliness requirements related to the reporting of each disease and condition, and the mechanisms required for, and the content to be included in, reports made pursuant to this section. The list of reportable diseases and conditions may include both communicable and noncommunicable diseases. The list may include those diseases that are either known to be, or suspected of being, transmitted by milk or milk-based products. The list may be modified at any time by the department, after consultation with the California Conference of Local Health Officers. Modification of the list shall be exempt from the administrative regulation and rulemaking requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and shall be implemented without being adopted as a regulation, except that the revised list shall be filed with the Secretary of State and printed in the California Code of Regulations as required pursuant to subdivision (e). Those diseases listed as reportable shall be properly reported as required to the department by the health officer. (b) The department shall establish a list of communicable diseases and conditions for which clinical laboratories shall submit a culture or a specimen to the local public health laboratory. The list shall set forth the conditions under which the culture and specimen shall also be submitted to the State Public Health Laboratory. The list may be modified at any time by the department, in consultation with appropriate local public health stakeholders, including, but not limited to, local health officers and public health laboratory directors. Both establishment and modification of the list shall be exempt from the administrative regulation and rulemaking requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and shall be implemented without being adopted as a regulation, except that the initial list and any modifications shall be filed with the Secretary of State and printed in the California Code of Regulations as required pursuant to subdivision (e). (c) The department may from time to time adopt and enforce regulations requiring strict or modified isolation, or quarantine, for any of the contagious, infectious, or communicable diseases, if in the opinion of the department the action is necessary for the protection of the public health. (d) The health officer may require strict or modified isolation, or quarantine, for any case of contagious, infectious, or communicable disease, when this action is necessary for the protection of the public health. (e) The lists established pursuant to subdivisions (a) and (b) and any subsequent modifications shall be published in Title 17 of the California Code of Regulations. (f) Notwithstanding any other provision of law, no civil or criminal penalty, fine, sanction, or finding, or denial, suspension, or revocation of licensure for any person or facility may be imposed based upon a failure to provide the notification of a reportable disease or condition or to provide the submission of a culture or specimen that is required under this section, unless the name of the disease or condition that is required to be reported, or for which a culture or specimen is required to be submitted, was printed in the California Code of Regulations and the department notified the person or facility of the disease or condition at least six months prior to the date of the claimed failure to report or submit. (g) Commencing July 1, 2009, or within one year of the establishment of a state electronic laboratory reporting system, whichever is later, a report generated pursuant to this section, or Section 121022, by a laboratory shall be submitted electronically in a manner specified by the department. The department shall allow laboratories that receive incomplete patient information to report the name of the provider who submitted the request to the local health officer. (h) The department may, through its Internet Web site and via electronic mail, advise out-of-state laboratories that are known to the department to test specimens from California residents of the new reporting requirements. (Amended by Stats. 2011, Ch. 540, Sec. 2. (AB 186) Effective January 1, 2012.)
  81. 120135.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Functions and Duties of the State Department of Health Services [120125 - 120164] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The department may establish and maintain places for quarantine or isolation.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Functions and Duties of the State Department of Health Services [120125 - 120164] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120135. The department may establish and maintain places of quarantine or isolation. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  82. 120140.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Functions and Duties of the State Department of Health Services [120125 - 120164] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    If informed by a health officer about a contagious, infectious, or communicable disease, the department may take necessary measures to identify the disease and stop it spreading, including taking control of a living person’s body or a deceased person’s corpse if it considers that proper.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Functions and Duties of the State Department of Health Services [120125 - 120164] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120140. Upon being informed by a health officer of any contagious, infectious, or communicable disease the department may take measures as are necessary to ascertain the nature of the disease and prevent its spread. To that end, the department may, if it considers it proper, take possession or control of the body of any living person, or the corpse of any deceased person. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  83. 120142.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Functions and Duties of the State Department of Health Services [120125 - 120164] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The state director may order tuberculosis infection examinations for certain people, and the order must be written.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Functions and Duties of the State Department of Health Services [120125 - 120164] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120142. (a) The state director may order examinations for tuberculosis infection in the following persons for the purpose of directing preventive measures: (1) Persons in close contact with persons with infectious tuberculosis disease. (2) Other persons for whom the state director has reasonable grounds to determine are at heightened risk of tuberculosis exposure. (b) An order for examination for tuberculosis infection shall be in writing and shall include other terms and conditions as may be necessary to protect the public health. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  84. 120145.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Functions and Duties of the State Department of Health Services [120125 - 120164] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The department may quarantine, isolate, inspect, and disinfect persons, animals, property, and places when it thinks this is necessary to protect public health.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Functions and Duties of the State Department of Health Services [120125 - 120164] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120145. The department may quarantine, isolate, inspect, and disinfect persons, animals, houses, rooms, other property, places, cities, or localities, whenever in its judgment the action is necessary to protect or preserve the public health. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  85. 120150.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Functions and Duties of the State Department of Health Services [120125 - 120164] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The department may destroy certain property, including bedding, carpets, household goods, furnishings, materials, clothing, or animals, if ordinary disinfection is considered unsafe and the property is judged an imminent public health menace.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Functions and Duties of the State Department of Health Services [120125 - 120164] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120150. The department may destroy such objects as bedding, carpets, household goods, furnishings, materials, clothing, or animals, when ordinary means of disinfection are considered unsafe, and when the property is in its judgment, an imminent menace to the public health. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  86. 120155.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Functions and Duties of the State Department of Health Services [120125 - 120164] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    County sheriffs and local peace officers may enforce State Department of Public Health orders meant to prevent spread of contagious disease.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Functions and Duties of the State Department of Health Services [120125 - 120164] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120155. Pursuant to Section 11158 of the Government Code, the sheriff of each county, or city and county, may enforce within the county, or the city and county, all orders of the State Department of Public Health 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 State Department of Public Health 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 State Department of Public Health. When deciding whether to request this assistance in enforcement of its orders, the State Department of Public Health 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 renumbering Section 100106 by Stats. 2006, Ch. 241, Sec. 15. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
  87. 120160.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Functions and Duties of the State Department of Health Services [120125 - 120164] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Certain influenza vaccine suppliers and local clinic operators must report supply information to the department or cooperate with the local health officer, and reported information is generally kept confidential by the department.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Functions and Duties of the State Department of Health Services [120125 - 120164] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120160. (a) Any manufacturer or distributor of the influenza vaccine, or nonprofit health care service plan that exclusively contracts with a single medical group in a specified geographic area to provide, or to arrange for the provision of, medical services to its enrollees, shall report the information described in subdivision (c) relating to the supply of the influenza vaccine to the department upon notice from the department. (b) Within each county or city health jurisdiction, entities that have possession of, or have a legal right to obtain possession of, the influenza vaccine, or entities that are conducting or intend to conduct influenza clinics for the public, their residents, or their employees, except those entities described in subdivision (a), shall cooperate with the local health officer in determining local inventories of influenza vaccine, including providing inventory, orders, and distribution lists in a timely manner, when necessary. (c) The information reported pursuant to subdivision (a) shall include, but is not limited to, the amount of the influenza vaccine that has been shipped, and the name, address, and, if applicable, the telephone number of the recipient. (d) Subdivisions (a), (b), and (c) do not apply to a physician and surgeon practice, unless the practice is an occupational health provider who conducts influenza vaccination campaigns on behalf of a corporation. (e) It is the intent of the Legislature in enacting this section to assist small physician and surgeon practices, nursing facilities, and other health care providers that provide care for patients at risk of illness or death from influenza by facilitating the sharing of vaccine supplies, if necessary, between providers within a local jurisdiction. (f) If a business believes that the information required by this section involves the release of a trade secret, the business shall nevertheless disclose the information to the department, and shall notify the department in writing of that belief at the time of disclosure. As used in this section, “trade secret” has the meanings given to it by Section 7924.510 of the Government Code and Section 1061 of the Evidence Code. Any information, including identifying information, including, but not limited to, the name of the agent or contact person of an entity that receives the influenza vaccine from a manufacturer or distributor, or nonprofit health care service plan described in subdivision (a), and the receiving entity’s address and telephone number, that is reported pursuant to this section shall not be disclosed by the department to anyone, except to an officer or employee of the county, city, city and county, or the state in connection with the official duties of that officer or employee to protect the public health. (Amended by Stats. 2021, Ch. 615, Sec. 282. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  88. 120161.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Functions and Duties of the State Department of Health Services [120125 - 120164] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    If the department gets a late report of a coccidioidomycosis case, it must count the case in next year’s data collection and later report it under the diagnosis year.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Functions and Duties of the State Department of Health Services [120125 - 120164] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120161. If the department receives a report of a case of coccidioidomycosis after the department’s reporting deadline for a specified year, the department shall include the case in its data collection for the next year and attribute it to the year of diagnosis in future data reporting. (Added by Stats. 2018, Ch. 229, Sec. 1. (AB 1787) Effective January 1, 2019.)
  89. 120162.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Functions and Duties of the State Department of Health Services [120125 - 120164] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The department must collect data on coccidioidomycosis cases by April 15 each year.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Functions and Duties of the State Department of Health Services [120125 - 120164] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120162. By April 15 of each year, the department shall collect data on coccidioidomycosis cases from both of the following: (a) The California Reportable Disease Information Exchange (CalREDIE). (b) Any other electronic data system used by a local health department, a coccidioidomycosis case report submitted to the department by a local health officer, or both. (Added by Stats. 2018, Ch. 229, Sec. 2. (AB 1787) Effective January 1, 2019.)
  90. 120163.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Functions and Duties of the State Department of Health Services [120125 - 120164] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    If the department removes discrepant coccidioidomycosis data, it must notify the local health officer; if it publishes provisional or other data, it must explain changes, discrepancies, and dataset dates.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Functions and Duties of the State Department of Health Services [120125 - 120164] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120163. (a) If the department collects data on coccidioidomycosis cases from a local health officer and removes discrepant data from its internal dataset for any reason, including, but not limited to, to delete duplicate cases reported by multiple counties, the department shall report in a timely manner sufficient information about its removal of the discrepant data to the local health officer and the local health officer may remove the discrepant data from the county’s dataset. (b) If the department publishes provisional data on coccidioidomycosis cases, the department shall include in its publication an explanation for likely data changes between initial and final publication, and an explanation for discrepancies between data reported by a local health officer and data reported by the department. (c) If the department publishes data on coccidioidomycosis cases, the department shall include in its publication the date range of the dataset published and the date on which the published data set was updated. (Added by Stats. 2018, Ch. 229, Sec. 3. (AB 1787) Effective January 1, 2019.)
  91. 120164.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Functions and Duties of the State Department of Health Services [120125 - 120164] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The State Department of Public Health may update baseline immunization and related recommendations, must consider other medical/scientific guidance, and must publish and file the recommendations and any updates.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Functions and Duties of the State Department of Health Services [120125 - 120164] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120164. (a) Consistent with subdivision (b), the list of immunizations, items, and services that were recommended by the United States Preventive Services Task Force (USPSTF), the Advisory Committee on Immunization Practices (ACIP), and the Health Resources and Services Administration (HRSA), and that were in effect on January 1, 2025, shall serve as the baseline recommendations for purposes of this section. (b) The State Department of Public Health may modify or supplement the baseline recommendations described in subdivision (a). In making modifications or supplements, the department shall take into consideration guidance and recommendations from additional medical and scientific organizations, including, but not limited to, the American Academy of Pediatrics, the American College of Obstetricians and Gynecologists, and the American Academy of Family Physicians. (c) In modifying or supplementing the baseline recommendations, the department may also incorporate subsequent evidence-based recommendations issued by the USPSTF, ACIP, or HRSA, to the extent the department determines those recommendations are consistent with the purposes of this section and promote public health. (d) Publishing the baseline recommendations or any modification or supplement adopted pursuant to this section shall be exempt from the administrative regulation and rulemaking requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (e) The department shall publish the recommendations of immunizations, items, and services, and publish any updates, modifications, or supplements adopted pursuant to this section. Any modification or supplement shall be deemed effective on the date of publication. The recommendations and schedules shall be filed with the Secretary of State and published in the California Code of Regulations. (Added by Stats. 2025, Ch. 105, Sec. 26. (AB 144) Effective September 17, 2025.)
  92. 120175.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Functions and Duties of Local Health Officers [120175 - 120255] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    A health officer who knows or has reason to believe a reportable or communicable disease exists or recently existed in the officer’s territory must take necessary measures to prevent spread or additional cases.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Functions and Duties of Local Health Officers [120175 - 120255] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120175. Each health officer knowing or having reason to believe that any case of the diseases made reportable by regulation of the department, or any other contagious, infectious or communicable disease exists, or has recently existed, within the territory under his or her jurisdiction, shall take measures as may be necessary to prevent the spread of the disease or occurrence of additional cases. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  93. 120175.5.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Functions and Duties of Local Health Officers [120175 - 120255] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    During a communicable disease outbreak or imminent threat, a local health officer must promptly notify and share relevant information with affected governmental entities, and both sides must follow privacy laws.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Functions and Duties of Local Health Officers [120175 - 120255] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120175.5. (a) During an outbreak of a communicable disease, or upon the imminent and proximate threat of a communicable disease outbreak or epidemic that threatens the public’s health, a local health officer shall do both of the following: (1) Promptly notify and update governmental entities within the local health officer’s jurisdiction about communicable diseases listed in Section 2500 of Title 17 of the California Code of Regulations that may affect them, if, in the opinion of the local health officer, action or inaction on the part of the governmental entity might affect outbreak response efforts. (2) Make any relevant information available to governmental entities, including, but not limited to, the locations of concentrations of cases, the number of residents affected, and the measures that the governmental entities should take to assist with outbreak response efforts. (b) In addition to the actions required under subdivision (a), the local health officer may issue orders to other governmental entities within the local health officer’s jurisdiction to take any action the local health officer deems necessary to control the spread of the communicable disease. (c) A local health officer that provides the notification and information to a governmental entity pursuant to subdivision (a), and the governmental entity that receives the notification and information, shall comply with all applicable state and federal privacy laws. (Added by Stats. 2019, Ch. 798, Sec. 1. (AB 262) Effective January 1, 2020.)
  94. 120176.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Functions and Duties of Local Health Officers [120175 - 120255] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    During a communicable disease outbreak or imminent threat, specified health and related entities must disclose certain inventories to the local health officer on request, and the local health officer must keep that information confidential.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Functions and Duties of Local Health Officers [120175 - 120255] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120176. During an outbreak of communicable disease, or upon the imminent and proximate threat of communicable disease outbreak or epidemic that threatens the public’s health, all health care providers, clinics, health care service plans, pharmacies, their suppliers, distributors, and other for-profit and nonprofit entities shall, upon request of the local health officer, disclose to the local health officer inventories of, critical medical supplies, equipment, pharmaceuticals, vaccines, or other products that may be used for the prevention of, or may be implicated in the transmission of communicable disease. The local health officer shall keep this proprietary information confidential. (Added by Stats. 2006, Ch. 874, Sec. 6. Effective January 1, 2007.)
  95. 120180.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Functions and Duties of Local Health Officers [120175 - 120255] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    In counties with 5,000,000 or more people, a health officer who employs inspectors or investigators for communicable disease enforcement must use personnel who meet one of the listed minimum qualifications.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Functions and Duties of Local Health Officers [120175 - 120255] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120180. If the health officer of any county having a population of 5,000,000 or more employs personnel as inspectors or investigators in the enforcement of the Communicable Disease Prevention and Control Act (Section 27), who are not otherwise licensed, registered, nor certified by this state, the personnel shall meet any one of the following minimum standards and qualifications: (a) Possess a bachelor’s degree in public health from an institution on the list of accredited colleges of the United States Office of Education. (b) Possess a bachelor’s degree with a minimum of 30 semester units of basic sciences from an institution on the list of accredited colleges of the United States Office of Education; or a statement from an accredited institution that the applicant has successfully completed a minimum of 16 semester units distributed among at least the following fields: public health and administration, epidemiology, public health statistics, public health microbiology, and communicable disease control. (c) Possess a bachelor’s degree from an institution on the list of accredited colleges of the United States Office of Education; and have had at least one year of full-time experience or the equivalent in investigation or inspection work in public health or law enforcement. (d) Be employed as an inspector or investigator in communicable disease prevention and control by a county health department in the State of California, and have passed an official civil service examination therefor prior to the effective date of this section. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  96. 120185.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Functions and Duties of Local Health Officers [120175 - 120255] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    During a local disease epidemic, the health officer must report the disease facts and measures taken to stop it whenever the department requests.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Functions and Duties of Local Health Officers [120175 - 120255] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120185. In the case of a local epidemic of disease, the health officer shall report at those times as are requested by the department all facts concerning the disease, and the measures taken to abate and prevent its spread. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  97. 120190.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Functions and Duties of Local Health Officers [120175 - 120255] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Health officers must immediately report certain disease cases to the department, and must make additional reports within 24 hours after investigation if the department requires them.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Functions and Duties of Local Health Officers [120175 - 120255] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120190. Each health officer shall immediately report by telegraph or telephone to the department every discovered or known case or suspect case of those diseases designated for immediate reporting by the department. Within 24 hours after investigation each health officer shall make reports as the department may require. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  98. 120195.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Functions and Duties of Local Health Officers [120175 - 120255] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Each health officer must enforce departmental orders, rules, and regulations about quarantine or isolation.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Functions and Duties of Local Health Officers [120175 - 120255] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120195. Each health officer shall enforce all orders, rules, and regulations concerning quarantine or isolation prescribed or directed by the department. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  99. 1202.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 1. Definitions and General Provisions [1200 - 1210] ( Article 1 added by Stats. 1978, Ch. 1147. )

    Verify source ↗

    A special permit is an extra permit a clinic gets in addition to its license to offer one or more special services.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 1. Definitions and General Provisions [1200 - 1210] ( Article 1 added by Stats. 1978, Ch. 1147. ) ## 1202. “Special permit” means a permit issued in addition to a license authorizing the clinic to offer one or more special services, as defined in Section 1203 or regulations adopted pursuant thereto. (Repealed and added by Stats. 1978, Ch. 1147.)
  100. 12020.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 2. Enforcement [12020- 12020.] ( Chapter 2 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    The chief and the issuing authority must enforce this part and related State Fire Marshal regulations in their areas of jurisdiction. Certain peace officers may also enforce this part while acting as peace officers.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 2. Enforcement [12020- 12020.] ( Chapter 2 added by Stats. 1967, Ch. 1497. ) ## 12020. The chief and the issuing authority, as defined in Sections 12003 and 12007, respectively, shall in their areas of jurisdiction enforce the provisions of this part and the regulations adopted by the State Fire Marshal pursuant to this part. Any peace officer, as defined in Sections 830.1, 830.2, and subdivisions (a), (e), (k), and ( l) of Section 830.3 of the Penal Code, and those officers listed in Section 830.6 of the Penal Code while acting in the course and scope of their employment as peace officers may enforce the provisions of this part. (Amended by Stats. 1990, Ch. 1695, Sec. 3.)
  101. 120200.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Functions and Duties of Local Health Officers [120175 - 120255] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Health officers must establish and maintain quarantine or isolation places when required by the department, and those places are subject to the department’s special directions.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Functions and Duties of Local Health Officers [120175 - 120255] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120200. Each health officer, whenever required by the department, shall establish and maintain places of quarantine or isolation that shall be subject to the special directions of the department. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  102. 120205.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Functions and Duties of Local Health Officers [120175 - 120255] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    A county or city may not impose a quarantine against another county or city unless the department gives written consent.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Functions and Duties of Local Health Officers [120175 - 120255] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120205. No quarantine shall be established by a county or city against another county or city without the written consent of the department. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  103. 120210.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Functions and Duties of Local Health Officers [120175 - 120255] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    When the department directs it, a health officer must quarantine, isolate, disinfect, or destroy specified persons, animals, property, or rooms to protect public health.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Functions and Duties of Local Health Officers [120175 - 120255] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120210. Whenever in the judgment of the department it is necessary for the protection or preservation of the public health, each health officer shall, when directed by the department, do the following: (a) Quarantine or isolate and disinfect persons, animals, houses or rooms, in accordance with general and specific instructions of the department. (b) Destroy bedding, carpets, household goods, furnishings, materials, clothing, or animals, when ordinary means of disinfection are considered unsafe, and when the property is, in the judgment of the department, an imminent menace to the public health. When the property is destroyed pursuant to this section, the governing body of the locality where the destruction occurs may make adequate provision for compensation in proper cases for those injured thereby. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  104. 120215.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Functions and Duties of Local Health Officers [120175 - 120255] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    When told of a contagious, infectious, or communicable disease needing strict isolation or quarantine, each health officer must ensure isolation and quarantine and follow department and local rules.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Functions and Duties of Local Health Officers [120175 - 120255] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120215. Upon receiving information of the existence of contagious, infectious, or communicable disease for which the department may from time to time declare the need for strict isolation or quarantine, each health officer shall: (a) Ensure the adequate isolation of each case, and appropriate quarantine of the contacts and premises. (b) Follow local rules and regulations, and all general and special rules, regulations, and orders of the department, in carrying out the quarantine or isolation. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  105. 120220.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Functions and Duties of Local Health Officers [120175 - 120255] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    When a health officer establishes quarantine or isolation, everyone must obey the health officer’s rules, orders, and regulations.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Functions and Duties of Local Health Officers [120175 - 120255] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120220. When quarantine or isolation, either strict or modified, is established by a health officer, all persons shall obey his or her rules, orders, and regulations. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  106. 120225.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Functions and Duties of Local Health Officers [120175 - 120255] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    People under quarantine or strict isolation must not leave the lot of the quarantined premises or contact non-quarantined persons, except the physician, the health officer, or people authorized by the health officer.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Functions and Duties of Local Health Officers [120175 - 120255] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120225. A person subject to quarantine or strict isolation, residing or in a quarantined building, house, structure, or other shelter, shall not go beyond the lot where the building, house, structure, or other shelter is situated, nor put himself or herself in immediate communication with any person not subject to quarantine, other than the physician, the health officer or persons authorized by the health officer. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  107. 120230.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Functions and Duties of Local Health Officers [120175 - 120255] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Schools may not allow certain students or instructors from homes with a recent or current contagious disease to attend, unless the health officer gives written permission.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Functions and Duties of Local Health Officers [120175 - 120255] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120230. No instructor, teacher, pupil, or child who resides where any contagious, infectious, or communicable disease exists or has recently existed, that is subject to strict isolation or quarantine of contacts, shall be permitted by any superintendent, principal, or teacher of any college, seminary, or public or private school to attend the college, seminary, or school, except by the written permission of the health officer. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  108. 120235.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Functions and Duties of Local Health Officers [120175 - 120255] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    A quarantine cannot be lifted until exposed rooms and property have been adequately treated, or destroyed if necessary, and people under strict isolation are considered noninfectious.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Functions and Duties of Local Health Officers [120175 - 120255] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120235. No quarantine shall be raised until every exposed room, together with all personal property in the room, has been adequately treated, or, if necessary, destroyed, under the direction of the health officer; and until all persons having been under strict isolation are considered noninfectious. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  109. 120240.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Functions and Duties of Local Health Officers [120175 - 120255] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    If a modified isolation order issued under Section 120130 is not complied with, the local health officer may issue a strict isolation order.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Functions and Duties of Local Health Officers [120175 - 120255] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120240. If, pursuant to Section 120130, a modified isolation order is issued, and the order is not complied with, the local health officer may, in that instance, issue a strict isolation order. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  110. 120245.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Functions and Duties of Local Health Officers [120175 - 120255] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Most health officers in the county, except county health officers, must send the county health officer a written report at least weekly about reported infectious, contagious, or communicable diseases and where they are located.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Functions and Duties of Local Health Officers [120175 - 120255] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120245. Each health officer, other than a county health officer, in the county shall transmit to the county health officer at least weekly in writing a report showing the number and character of infectious, contagious, or communicable diseases reported, and their location. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  111. 120250.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Functions and Duties of Local Health Officers [120175 - 120255] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Certain people must promptly report known cases of infectious, contagious, or communicable disease to the health officer, with limited identifying details if known.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Functions and Duties of Local Health Officers [120175 - 120255] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120250. All physicians, nurses, clergymen, attendants, owners, proprietors, managers, employees, and persons living with, or visiting any sick person, in any hotel, lodginghouse, house, building, office, structure, or other place where any person is ill of any infectious, contagious, or communicable disease, shall promptly report that fact to the health officer, together with the name of the person, if known, the place where he or she is confined, and the nature of the disease, if known. (Amended by Stats. 1996, Ch. 1023, Sec. 350.5. Effective September 29, 1996.)
  112. 120255.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Functions and Duties of Local Health Officers [120175 - 120255] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Health officers’ reporting tools must be able to collect and report sexual orientation and gender identity data, and health care providers must report that information when they know it for covered communicable-disease cases.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Functions and Duties of Local Health Officers [120175 - 120255] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120255. (a) Any electronic tool used by a health officer, as defined by subdivision (a) of Section 2500 of Title 17 of the California Code of Regulations, for the purpose of reporting cases of communicable disease to the State Department of Public Health, as required by Sections 2500 and 2502 of Title 17 of the California Code of Regulations, shall include the capacity to collect and report data relating to sexual orientation and gender identity as reported pursuant to subdivision (b). (b) In addition to the information required to be reported pursuant to Section 2500 of Title 17 of the California Code of Regulations, a health care provider, as defined by subdivision (a) of Section 2500 of Title 17 of the California Code of Regulations, that knows of or is in attendance on a case or suspected case of any of the diseases or conditions listed in subdivision (j) of Section 2500 of Title 17 of the California Code of Regulations shall report to the health officer for the jurisdiction in which the patient resides, the patient’s sexual orientation and gender identity, if known. (Added by Stats. 2020, Ch. 183, Sec. 1. (SB 932) Effective September 26, 2020.)
  113. 120260.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3.5. Communicable Diseases Exposure Notification Act [120260 - 120263] ( Chapter 3.5 added by Stats. 2002, Ch. 342, Sec. 1. )

    Verify source ↗

    The Legislature states an intent to create a narrow exposure-notification process for certain health care providers and first responders after significant exposure to a patient’s blood or other potentially infectious materials.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3.5. Communicable Diseases Exposure Notification Act [120260 - 120263] ( Chapter 3.5 added by Stats. 2002, Ch. 342, Sec. 1. ) ## 120260. (a) The Legislature finds and declares all of the following: (1) Early knowledge of infection with communicable disease is important in order to permit exposed persons to make informed health care decisions as well as to take measures to reduce the likelihood of transmitting the infection to others. (2) Individual health care providers, agents and employees of health care facilities and individual health care providers, and first responders, including police, firefighters, rescue personnel, and other persons who provide the first response to emergencies, frequently come into contact with the blood and other potentially infectious materials of individuals whose communicable disease infection status is not known. (3) Even if these exposed individuals use universal infection control precautions to prevent transmission of communicable diseases, there will be occasions when they experience significant exposure to the blood or other potentially infectious materials of patients. (b) Therefore, it is the intent of the Legislature to provide a narrow exposure notification and information mechanism to permit individual health care providers, the employees or contracted agents of health care facilities and individual health care providers, and first responders, who have experienced a significant exposure to the blood or other potentially infectious materials of a patient, to learn of the communicable disease infection status of the patient. (Added by Stats. 2002, Ch. 342, Sec. 1. Effective January 1, 2003.)
  114. 120260.5.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3.5. Communicable Diseases Exposure Notification Act [120260 - 120263] ( Chapter 3.5 added by Stats. 2002, Ch. 342, Sec. 1. )

    Verify source ↗

    This section says the chapter’s testing and notification procedures add to, and do not replace, the notification rights of prehospital emergency medical care persons or personnel under Section 1797.188.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3.5. Communicable Diseases Exposure Notification Act [120260 - 120263] ( Chapter 3.5 added by Stats. 2002, Ch. 342, Sec. 1. ) ## 120260.5. The communicable disease testing and notification procedures provided for in this chapter are in addition to the notification to which prehospital emergency medical care persons or personnel are entitled under Section 1797.188. (Added by Stats. 2006, Ch. 102, Sec. 2. Effective January 1, 2007.)
  115. 120261.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3.5. Communicable Diseases Exposure Notification Act [120260 - 120263] ( Chapter 3.5 added by Stats. 2002, Ch. 342, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the chapter, including source patient, exposed individual, first responder, health care provider, and certifying physician.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3.5. Communicable Diseases Exposure Notification Act [120260 - 120263] ( Chapter 3.5 added by Stats. 2002, Ch. 342, Sec. 1. ) ## 120261. For the purposes of this chapter, the following definitions apply: (a) “Attending physician of the source patient” means any physician and surgeon licensed pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code and any person licensed pursuant to the Osteopathic Initiative Act, who provides health care services to the source patient. Notwithstanding any other provision of this subdivision to the contrary, the attending physician of the source patient shall include any of the following persons: (1) The private physician of the source patient. (2) The physician primarily responsible for the patient who is undergoing inpatient treatment in a hospital. (3) A registered nurse or licensed nurse practitioner who has been designated by the attending physician of the source patient. (b) “Available blood or patient sample” means blood or other tissue or material that was legally obtained in the course of providing health care services, and is in the possession of the physician or other health care provider of the source patient prior to the release of the source patient from the physician’s or health care provider’s facility. (c) “Certifying physician” means any physician consulted by the exposed individual for the exposure incident. A certifying physician shall have demonstrated competency and understanding of the then applicable guidelines or standards of the Division of Occupational Safety and Health. (d) “Communicable disease” means any disease that was transferable through the exposure incident, as determined by the certifying physician. (e) “Exposed individual” means any individual health care provider, first responder, or any other person, including, but not limited to, any employee, volunteer, or contracted agent of any health care provider, who is exposed, within the scope of his or her employment, to the blood or other potentially infectious materials of a source patient. (f) “Health care provider” means any person licensed or certified pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, any person licensed pursuant to the Osteopathic Initiative Act or the Chiropractic Initiative Act, any person certified pursuant to Division 2.5 (commencing with Section 1797), any clinic, health dispensary, or health facility licensed or exempt from licensure pursuant to Division 2 (commencing with Section 1200), any employee, volunteer, or contracted agent of any group practice prepayment health care service plan regulated pursuant to the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2), and any professional student of one of the clinics, health dispensaries, or health care facilities or health care providers described in this subdivision. (g) “First responder” means a police officer, firefighter, rescue worker, or any other person who provides emergency response, first aid care, or other medically related assistance either in the course of the person’s occupational duties or as a volunteer. (h) “Other potentially infectious materials” means those body fluids identified by the Division of Occupational Safety and Health as potentially capable of transmitting a communicable disease. (i) “Significant exposure” means direct contact with blood or other potentially infectious materials of a patient in a manner that, according to the then applicable guidelines of the Division of Occupational Safety and Health, is capable of transmitting a communicable disease. (j) “Source patient” means any person receiving health care services whose blood or other potentially infectious material has been the source of a significant exposure to an exposed individual. (Added by Stats. 2002, Ch. 342, Sec. 1. Effective January 1, 2003.)
  116. 120262.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3.5. Communicable Diseases Exposure Notification Act [120260 - 120263] ( Chapter 3.5 added by Stats. 2002, Ch. 342, Sec. 1. )

    Verify source ↗

    This section lets a source patient’s blood or tissue be tested and lets an exposed individual be told the test result, but only if the section’s notice, consent, counseling, timing, and confidentiality steps are followed.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3.5. Communicable Diseases Exposure Notification Act [120260 - 120263] ( Chapter 3.5 added by Stats. 2002, Ch. 342, Sec. 1. ) ## 120262. Notwithstanding Chapter 7 (commencing with Section 120975) or any other law, the blood or other tissue or material of a source patient may be tested, and an exposed individual may be informed whether the patient has tested positive or negative for a communicable disease if the exposed individual and the health care facility, if any, have substantially complied with the then applicable guidelines of the Division of Occupational Safety and Health and the State Department of Health Services and if the following procedure is followed: (a) (1) If a person becomes an exposed individual by experiencing an exposure to the blood or other potentially infectious material of a patient during the course of rendering health care-related services or occupational services, the exposed individual may request an evaluation of the exposure by a physician to determine if it is a significant exposure, as defined in subdivision (h) of Section 120261. A physician or other exposed individual shall not certify his or her own significant exposure. However, an employing physician may certify the exposure of one of his or her employees. Requests for certification shall be made in writing within 72 hours of the exposure. (2) A written certification by a physician of the significance of the exposure shall be obtained within 72 hours of the request. The certification shall include the nature and extent of the exposure. (b) (1) The exposed individual shall be counseled regarding the likelihood of transmission, the limitations of the testing performed, the need for followup testing, and the procedures that the exposed individual must follow regardless of whether the source patient has tested positive or negative for a communicable disease. The exposed individual may be tested in accordance with the then applicable guidelines or standards of the Division of Occupational Safety and Health. The result of this test shall be confirmed as negative before available blood or other patient samples of the source patient may be tested for evidence of infection to a communicable disease, without the consent of the source patient pursuant to subdivision (d). (2) Within 72 hours of certifying the exposure as significant, the certifying physician shall provide written certification to an attending physician of the source patient that a significant exposure to an exposed individual has occurred, and shall request information on whether the source patient has tested positive or negative for a communicable disease, and the availability of blood or other patient samples. An attending physician shall respond to the request for information within three working days. (c) If test results of the source patient are already known to be positive for a communicable disease then, except as provided in subdivisions (b) and (c) of Section 121010, when the exposed individual is a health care provider or an employee or agent of the health care provider of the source patient, an attending physician and surgeon of the source patient shall attempt to obtain the consent of the source patient to disclose to the exposed individual the testing results of the source patient regarding communicable diseases. If the source patient cannot be contacted or refuses to consent to the disclosure, then the exposed individual may be informed of the test results regarding communicable diseases of the source patient by an attending physician of the source patient as soon as possible after the exposure has been certified as significant, notwithstanding Section 120980 or any other law. (d) If the communicable disease status of the source patient is unknown to the certifying physician or an attending physician, if blood or other patient samples are available, and if the exposed individual has tested negative on a baseline test for communicable diseases, the source patient shall be given the opportunity to give informed consent to a test for communicable diseases in accordance with the following: (1) Within 72 hours after receiving a written certification of significant exposure, an attending physician of the source patient shall do all of the following: (A) Make a good faith effort to notify the source patient or the authorized legal representative of the source patient about the significant exposure. A good faith effort to notify includes, but is not limited to, a documented attempt to locate the source patient by telephone or by first-class mail with a certificate of mailing. An attempt to locate the source patient and the results of that attempt shall be documented in the medical record of the source patient. An inability to contact the source patient, or legal representative of the source patient, after a good faith effort to do so as provided in this subdivision, shall constitute a refusal of consent pursuant to paragraph (2). An inability of the source patient to provide informed consent shall constitute a refusal of consent pursuant to paragraph (2), provided all of the following conditions are met: (i) The source patient has no authorized legal representative. (ii) The source patient is incapable of giving consent. (iii) In the opinion of the attending physician, it is likely that the source patient will be unable to grant informed consent within the 72-hour period during which the physician is required to respond pursuant to paragraph (1). (B) Attempt to obtain the voluntary informed consent of the source patient or the authorized legal representative of the source patient to perform a test for a communicable disease, on the source patient or on any available blood or patient sample of the source patient. The voluntary informed consent shall be in writing. The source patient shall have the option not to be informed of the test result. An exposed individual shall be prohibited from attempting to obtain directly informed consent for testing for communicable diseases from the source patient. (C) Provide the source patient with medically appropriate pretest counseling and refer the source patient to appropriate posttest counseling and followup, if necessary. The source patient shall be offered medically appropriate counseling whether or not he or she consents to testing. (2) If the source patient or the authorized legal representative of the source patient refuses to consent to test for a communicable disease after a documented effort has been made to obtain consent, any available blood or patient sample of the source patient may be tested. The source patient or authorized legal representative of the source patient shall be informed that an available blood sample or other tissue or material will be tested despite his or her refusal, and that the exposed individual shall be informed of the test results regarding communicable diseases. (3) If the informed consent of the source patient cannot be obtained because the source patient is deceased, consent to perform a test for a communicable disease on any blood or patient sample of the source patient legally obtained in the course of providing health care services at the time of the exposure event shall be deemed granted. (4) A source patient or the authorized legal representative of a source patient shall be advised that he or she shall be informed of the results of the test for communicable diseases only if he or she wishes to be so informed. If a patient refuses to provide informed consent to testing for communicable diseases and refuses to learn the results of the testing, he or she shall sign a form documenting this refusal. The source patient’s refusal to sign this form shall be construed to be a refusal to be informed of the test results regarding communicable diseases. Test results for communicable diseases shall only be placed in the medical record when the patient has agreed in writing to be informed of the results. (5) Notwithstanding any other law, if the source patient or authorized legal representative of a source patient refuses to be informed of the results of the test, the test results regarding communicable diseases of that source patient shall only be provided to the exposed individual in accordance with the then applicable regulations established by the Division of Occupational Safety and Health. (6) The source patient’s identity shall be encoded on the communicable disease test result record. (e) If an exposed individual is informed of the status of a source patient with regard to a communicable disease pursuant to this section, the exposed individual shall be informed that he or she is subject to existing confidentiality protections for any identifying information about the communicable disease test results, and that medical information regarding the communicable disease status of the source patient shall be kept confidential and may not be further disclosed, except as otherwise authorized by law. The exposed individual shall be informed of the penalties for which he or she would be personally liable for violation of Section 120980. (f) The costs for the test and counseling for communicable diseases of the exposed individual, or the source patient, or both, shall be borne by the employer of the exposed individual, if any. An employer who directs and controls the exposed individual shall provide the postexposure evaluation and followup required by the Division of Occupational Safety and Health as well as the testing and counseling for source patients required under this chapter. If an exposed individual is a volunteer or a student, then the health care provider or first responder that assigned a task to the volunteer or student may pay for the costs of testing and counseling as if that volunteer or student were an employee. If an exposed individual, who is not an employee of a health facility or of another health care provider, chooses to obtain postexposure evaluation or followup counseling, or both, or treatment, he or she shall be financially responsible for the costs thereof and shall be responsible for the costs of the testing and counseling for the source patient. (g) This section does not authorize the disclosure of the source patient’s identity. (h) This section does not authorize a health care provider to draw blood or other body fluids except as otherwise authorized by law. (i) The provisions of this section are cumulative only and shall not preclude testing of source patients for a communicable disease, as authorized by any other law. (j) Except as otherwise provided under this section, all confidentiality requirements regarding medical records that are provided for under existing law apply to this section. (Amended by Stats. 2015, Ch. 303, Sec. 348. (AB 731) Effective January 1, 2016.)
  117. 120263.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3.5. Communicable Diseases Exposure Notification Act [120260 - 120263] ( Chapter 3.5 added by Stats. 2002, Ch. 342, Sec. 1. )

    Verify source ↗

    Health care providers get liability protection for certain communicable disease tests and disclosures when acting in good faith; willful noncompliant testing that harms the source patient can be a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3.5. Communicable Diseases Exposure Notification Act [120260 - 120263] ( Chapter 3.5 added by Stats. 2002, Ch. 342, Sec. 1. ) ## 120263. (a) No health care provider, as defined in this chapter, shall be subject to civil or criminal liability or professional disciplinary action for performing tests for a communicable disease on the available blood or patient sample of a source patient, or for disclosing the communicable disease status of a source patient to the source patient, an attending physician of the source patient, the certifying physician, the exposed individual, or any attending physician of the exposed individual, if the health care provider has acted in good faith in complying with this chapter. (b) Any health care provider or first responder, or any exposed individual, who willfully performs or permits the performance of a test for a communicable disease on a source patient, that results in economic, bodily, or psychological harm to the source patient, without adhering to the procedure set forth in this chapter is guilty of a misdemeanor, punishable by imprisonment in the county jail for a period not to exceed one year, or a fine not to exceed ten thousand dollars ($10,000), or by both. (Added by renumbering Section 121140 by Stats. 2003, Ch. 62, Sec. 195. Effective January 1, 2004.)
  118. 120275.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Violations [120275 - 120305] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    A person who, after notice or after a health officer’s demand, fails to follow department rules on quarantine or disinfection commits a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Violations [120275 - 120305] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120275. Any person who, after notice, violates, or who, upon the demand of any health officer, refuses or neglects to conform to, any rule, order, or regulation prescribed by the department respecting a quarantine or disinfection of persons, animals, things, or places, is guilty of a misdemeanor. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  119. 120280.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Violations [120275 - 120305] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    A person served with a local health officer’s order under Section 121365 must comply, or face misdemeanor liability and possible court-ordered confinement or probation.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Violations [120275 - 120305] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120280. Inasmuch as the orders provided for by Section 121365 are for the protection of the public health, any person who, after service upon him or her of an order of a local health officer as provided in Section 121365 violates or fails to comply with the order, is guilty of a misdemeanor. Upon conviction thereof, in addition to any and all other penalties that may be imposed by law upon the conviction, the person may be ordered by the court confined until the order of the local health officer shall have been fully complied with or terminated by the local health officer, but not exceeding one year from the date of passing judgment upon the conviction, further, the court, upon suitable assurances that the order of the local health officer will be complied with, may place any person convicted of a violation of the order of the local health officer upon probation for a period not to exceed two years, upon condition that the order of the local health officer be fully complied with, further, upon any subsequent violation of the order of the local health officer, the probation shall be terminated and confinement as provided for in this section shall be ordered by the court. Confinement may be accomplished by placement in any appropriate facility, penal institution, or dwelling approved for the specific case by the local health officer. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  120. 120285.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Violations [120275 - 120305] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    If there is a later conviction under Section 120280, the court may order confinement for up to one year or another penalty allowed by that section.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Violations [120275 - 120305] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120285. Upon any subsequent conviction under the provisions of Section 120280, the court may order the person confined for a period not exceeding one year for the subsequent conviction, or other penalty as provided by that section. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  121. 120290.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Violations [120275 - 120305] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section criminalizes intentional transmission or willful exposure of an infectious or communicable disease, and sets misdemeanor penalties and court confidentiality rules.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Violations [120275 - 120305] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120290. (a) (1) A defendant is guilty of intentional transmission of an infectious or communicable disease if all of the following apply: (A) The defendant knows that he or she or a third party is afflicted with an infectious or communicable disease. (B) The defendant acts with the specific intent to transmit or cause an afflicted third party to transmit that disease to another person. (C) The defendant or the afflicted third party engages in conduct that poses a substantial risk of transmission to that person. (D) The defendant or the third party transmits the infectious or communicable disease to the other person. (E) If exposure occurs through interaction with the defendant and not a third party, the person exposed to the disease during voluntary interaction with the defendant did not know that the defendant was afflicted with the disease. A person’s interaction with the defendant is not involuntary solely on the basis of his or her lack of knowledge that the defendant was afflicted with the disease. (2) A defendant is guilty of willful exposure to an infectious or communicable disease if a health officer, or the health officer’s designee, acting under circumstances that make securing a quarantine or health officer order infeasible, has instructed the defendant not to engage in particularized conduct that poses a substantial risk of transmission of an infectious or communicable disease, and the defendant engages in that conduct within 96 hours of the instruction. A health officer, or the health officer’s designee, may issue a maximum of two instructions to a defendant that may result in a violation of this paragraph. (b) The defendant does not act with the intent required pursuant to subparagraph (B) of paragraph (1) of subdivision (a) if the defendant takes, or attempts to take, practical means to prevent transmission. (c) Failure to take practical means to prevent transmission alone is insufficient to prove the intent required pursuant to subparagraph (B) of paragraph (1) of subdivision (a). (d) Becoming pregnant while infected with an infectious or communicable disease, continuing a pregnancy while infected with an infectious or communicable disease, or declining treatment for an infectious or communicable disease during pregnancy does not constitute a crime for purposes of this section. (e) For purposes of this section, the following definitions shall apply: (1) “Conduct that poses a substantial risk of transmission” means an activity that has a reasonable probability of disease transmission as proven by competent medical or epidemiological evidence. Conduct posing a low or negligible risk of transmission as proven by competent medical or epidemiological evidence does not meet the definition of conduct posing a substantial risk of transmission. (2) “Infectious or communicable disease” means a disease that spreads from person to person, directly or indirectly, that has significant public health implications. (3) “Practical means to prevent transmission” means a method, device, behavior, or activity demonstrated scientifically to measurably limit or reduce the risk of transmission of an infectious or communicable disease, including, but not limited to, the use of a condom, barrier protection or prophylactic device, or good faith compliance with a medical treatment regimen for the infectious or communicable disease prescribed by a health officer or physician. (f) This section does not preclude a defendant from asserting any common law defense. (g) (1) A violation of paragraph (1) of subdivision (a) or paragraph (2) of subdivision (a) is a misdemeanor, punishable by imprisonment in a county jail for not more than six months. (2) A person who attempts to intentionally transmit an infectious or communicable disease by engaging in the conduct described in subparagraphs (A), (B), (C), and (E) of paragraph (1) of subdivision (a) is guilty of a misdemeanor punishable by imprisonment in a county jail for not more than 90 days. (h) (1) When alleging a violation of subdivision (a), the prosecuting attorney or the grand jury shall substitute a pseudonym for the true name of a complaining witness. The actual name and other identifying characteristics of a complaining witness shall be revealed to the court only in camera, unless the complaining witness requests otherwise, and the court shall seal the information from further disclosure, except by counsel as part of discovery. (2) Unless the complaining witness requests otherwise, all court decisions, orders, petitions, and other documents, including motions and papers filed by the parties, shall be worded so as to protect the name or other identifying characteristics of the complaining witness from public disclosure. (3) Unless the complaining witness requests otherwise, a court in which a violation of this section is filed shall, at the first opportunity, issue an order that prohibits counsel, their agents, law enforcement personnel, and court staff from making a public disclosure of the name or any other identifying characteristic of the complaining witness. (4) Unless the defendant requests otherwise, a court in which a violation of this section is filed, at the earliest opportunity, shall issue an order that counsel and their agents, law enforcement personnel, and court staff, before a finding of guilt, not publicly disclose the name or other identifying characteristics of the defendant, except by counsel as part of discovery or to a limited number of relevant individuals in its investigation of the specific charges under this section. In any public disclosure, a pseudonym shall be substituted for the true name of the defendant. (5) For purposes of this subdivision, “identifying characteristics” includes, but is not limited to, the name or any part of the name, address or any part of the address, city or unincorporated area of residence, age, marital status, relationship of the defendant and complaining witness, place of employment, or race or ethnic background. (i) (1) A court, upon a finding of probable cause that an individual has violated this section, shall order the production of the individual’s medical records or the attendance of a person with relevant knowledge thereof, so long as the return of the medical records or attendance of the person pursuant to the subpoena is submitted initially to the court for an in-camera inspection. Only upon a finding by the court that the medical records or proffered testimony are relevant to the pleading offense, the information produced pursuant to the court’s order shall be disclosed to the prosecuting entity and admissible if otherwise permitted by law. (2) A defendant’s medical records, medications, prescriptions, or medical devices shall not be used as the sole basis of establishing the specific intent required pursuant to subparagraph (B) of paragraph (1) of subdivision (a). (3) Surveillance reports and records maintained by state and local health officials shall not be subpoenaed or released for the purpose of establishing the specific intent required pursuant to subparagraph (B) of paragraph (1) of subdivision (a). (4) A court shall take judicial notice of any fact establishing an element of the offense upon the defendant’s motion or stipulation. (5) A defendant is not prohibited from submitting medical evidence to show the absence of the stated intent required pursuant to subparagraph (B) of paragraph (1) of subdivision (a). (j) Before sentencing, a defendant shall be assessed for placement in one or more community-based programs that provide counseling, supervision, education, and reasonable redress to the victim or victims. (k) (1) This section does not apply to a person who donates an organ or tissue for transplantation or research purposes. (2) This section does not apply to a person, whether a paid or volunteer donor, who donates breast milk to a medical center or breast milk bank that receives breast milk for purposes of distribution. (Repealed and added by Stats. 2017, Ch. 537, Sec. 5. (SB 239) Effective January 1, 2018.)
  122. 120295.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Violations [120275 - 120305] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Any person who violates the specified health code sections commits a misdemeanor and may be fined, jailed up to 90 days, or both.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Violations [120275 - 120305] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120295. Any person who violates Section 120130 or any section in Chapter 3 (commencing with Section 120175, but excluding Section 120195), is guilty of a misdemeanor, punishable by a fine of not less than fifty dollars ($50) nor more than one thousand dollars ($1,000), or by imprisonment for a term of not more than 90 days, or by both. He or she is guilty of a separate offense for each day that the violation continued. (Amended by Stats. 1996, Ch. 1023, Sec. 350.6. Effective September 29, 1996.)
  123. 1203.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 1. Definitions and General Provisions [1200 - 1210] ( Article 1 added by Stats. 1978, Ch. 1147. )

    Verify source ↗

    This section defines “special service” for clinics.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 1. Definitions and General Provisions [1200 - 1210] ( Article 1 added by Stats. 1978, Ch. 1147. ) ## 1203. “Special service” means a functional division, department, or unit of a clinic, or a clinic that is organized, staffed, and equipped to provide a specific type or types of care which have been identified by this section or by regulations of the state department, and for which the state department has established special standards for ensuring the quality of such care. Special services shall include, but need not be limited to, birth services. (Repealed and added by Stats. 1978, Ch. 1147.)
  124. 120300.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Violations [120275 - 120305] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The county district attorney must prosecute specified violations, and must also prosecute certain health officer order violations when the health officer requests it.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Violations [120275 - 120305] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120300. The district attorney of the county where a violation of Sections 121365 and 120280 may be committed, shall prosecute all those violations and, upon the request of a health officer, shall prosecute, as provided in Section 120280, violations of any order of a health officer made and served as provided in Section 121365 or Section 120105. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  125. 120305.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Violations [120275 - 120305] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    It is a misdemeanor for any person to possess intoxicating liquor in a public hospital or tuberculosis sanatorium, or on their grounds, subject to listed exceptions.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 120305] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Violations [120275 - 120305] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120305. Every person who possesses any intoxicating liquor in or on any public hospital or sanatorium providing for the treatment of tuberculosis or within the boundaries of the grounds belonging thereto is guilty of a misdemeanor. This section shall not prohibit (a) the possession of any intoxicating liquor used for medicinal purposes when issued pursuant to a written order of a physician licensed to practice medicine under the laws of the State of California, (b) the possession of any intoxicating liquor by personnel for his or her own use who resides at the hospital or sanatorium or on the grounds thereof, (c) the possession of any intoxicating liquor used by a minister of the gospel or priest or rabbi in a religious sacrament or ceremony or (d) the service of wine to a patient as part of the hospital’s regular menu or bill of fare if the patient is located in a portion of the premises wholly separate and isolated from patients receiving treatment for tuberculosis. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  126. 120325.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Educational and Child Care Facility Immunization Requirements [120325 - 120380] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section states the Legislature’s intent for the immunization chapter, including full immunization goals, medical exemptions, recordkeeping, and access to immunizations from chosen medical sources subject to department regulations.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Educational and Child Care Facility Immunization Requirements [120325 - 120380] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120325. In enacting this chapter, but excluding Section 120380, and in enacting Sections 120400, 120405, 120410, and 120415, it is the intent of the Legislature to provide: (a) A means for the eventual achievement of total immunization of appropriate age groups against the following childhood diseases: (1) Diphtheria. (2) Hepatitis B. (3) Haemophilus influenzae type b. (4) Measles. (5) Mumps. (6) Pertussis (whooping cough). (7) Poliomyelitis. (8) Rubella. (9) Tetanus. (10) Varicella (chickenpox). (11) Any other disease deemed appropriate by the department, taking into consideration the recommendations of the Advisory Committee on Immunization Practices of the United States Department of Health and Human Services, the American Academy of Pediatrics, and the American Academy of Family Physicians. (b) That the persons required to be immunized be allowed to obtain immunizations from whatever medical source they so desire, subject only to the condition that the immunization be performed in accordance with the regulations of the department and that a record of the immunization is made in accordance with the regulations. (c) Exemptions from immunization for medical reasons. (d) For the keeping of adequate records of immunization so that health departments, schools, and other institutions, parents or guardians, and the persons immunized will be able to ascertain that a child is fully or only partially immunized, and so that appropriate public agencies will be able to ascertain the immunization needs of groups of children in schools or other institutions. (e) Incentives to public health authorities to design innovative and creative programs that will promote and achieve full and timely immunization of children. (Amended by Stats. 2015, Ch. 35, Sec. 1. (SB 277) Effective January 1, 2016.)
  127. 120330.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Educational and Child Care Facility Immunization Requirements [120325 - 120380] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The department must adopt and enforce regulations necessary to carry out Chapter 1 and certain listed sections, after consulting the Department of Education.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Educational and Child Care Facility Immunization Requirements [120325 - 120380] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120330. The department, in consultation with the Department of Education, shall adopt and enforce all regulations necessary to carry out Chapter 1 (commencing with Section 120325, but excluding Section 120380) and to carry out Sections 120400, 120405, 120410, and 120415. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  128. 120335.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Educational and Child Care Facility Immunization Requirements [120325 - 120380] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Schools and child care facilities generally may not admit a pupil unless the pupil is fully immunized, with specific rules for 7th grade and listed exceptions.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Educational and Child Care Facility Immunization Requirements [120325 - 120380] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120335. (a) As used in this chapter, “governing authority” means the governing board of each school district or the authority of each other private or public institution responsible for the operation and control of the institution or the principal or administrator of each school or institution. (b) The governing authority shall not unconditionally admit any person as a pupil of any private or public elementary or secondary school, child care center, day nursery, nursery school, family day care home, or development center, unless, prior to his or her first admission to that institution, he or she has been fully immunized. The following are the diseases for which immunizations shall be documented: (1) Diphtheria. (2) Haemophilus influenzae type b. (3) Measles. (4) Mumps. (5) Pertussis (whooping cough). (6) Poliomyelitis. (7) Rubella. (8) Tetanus. (9) Hepatitis B. (10) Varicella (chickenpox). (11) Any other disease deemed appropriate by the department, taking into consideration the recommendations of the Advisory Committee on Immunization Practices of the United States Department of Health and Human Services, the American Academy of Pediatrics, and the American Academy of Family Physicians. (c) Notwithstanding subdivision (b), full immunization against hepatitis B shall not be a condition by which the governing authority shall admit or advance any pupil to the 7th grade level of any private or public elementary or secondary school. (d) The governing authority shall not unconditionally admit or advance any pupil to the 7th grade level of any private or public elementary or secondary school unless the pupil has been fully immunized against pertussis, including all pertussis boosters appropriate for the pupil’s age. (e) The department may specify the immunizing agents that may be utilized and the manner in which immunizations are administered. (f) This section does not apply to a pupil in a home-based private school or a pupil who is enrolled in an independent study program pursuant to Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28 of the Education Code and does not receive classroom-based instruction. (g) (1) A pupil who, prior to January 1, 2016, submitted a letter or affidavit on file at a private or public elementary or secondary school, child day care center, day nursery, nursery school, family day care home, or development center stating beliefs opposed to immunization shall be allowed enrollment to any private or public elementary or secondary school, child day care center, day nursery, nursery school, family day care home, or development center within the state until the pupil enrolls in the next grade span. (2) For purposes of this subdivision, “grade span” means each of the following: (A) Birth to preschool. (B) Kindergarten and grades 1 to 6, inclusive, including transitional kindergarten. (C) Grades 7 to 12, inclusive. (3) Except as provided in this subdivision, on and after July 1, 2016, the governing authority shall not unconditionally admit to any of those institutions specified in this subdivision for the first time, or admit or advance any pupil to 7th grade level, unless the pupil has been immunized for his or her age as required by this section. (h) This section does not prohibit a pupil who qualifies for an individualized education program, pursuant to federal law and Section 56026 of the Education Code, from accessing any special education and related services required by his or her individualized education program. (Amended by Stats. 2015, Ch. 35, Sec. 2. (SB 277) Effective January 1, 2016.)
  129. 120338.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Educational and Child Care Facility Immunization Requirements [120325 - 120380] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The department may require specified immunizations before a pupil’s first admission to certain schools and child care facilities, but only if both medical and personal-belief exemptions are allowed.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Educational and Child Care Facility Immunization Requirements [120325 - 120380] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120338. Notwithstanding Sections 120325 and 120335, any immunizations deemed appropriate by the department pursuant to paragraph (11) of subdivision (a) of Section 120325 or paragraph (11) of subdivision (b) of Section 120335, may be mandated before a pupil’s first admission to any private or public elementary or secondary school, child care center, day nursery, nursery school, family day care home, or development center, only if exemptions are allowed for both medical reasons and personal beliefs. (Added by Stats. 2015, Ch. 35, Sec. 3. (SB 277) Effective January 1, 2016.)
  130. 120340.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Educational and Child Care Facility Immunization Requirements [120325 - 120380] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    A person who is not fully immunized for the listed diseases may be admitted if they provide evidence of full immunization within the time limits set by department regulation.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Educational and Child Care Facility Immunization Requirements [120325 - 120380] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120340. A person who has not been fully immunized against one or more of the diseases listed in Section 120335 may be admitted by the governing authority on condition that within time periods designated by regulation of the department he or she presents evidence that he or she has been fully immunized against all of these diseases. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  131. 120341.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Educational and Child Care Facility Immunization Requirements [120325 - 120380] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The governing authority must admit a foster child even if the child’s immunization records are unavailable or missing.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Educational and Child Care Facility Immunization Requirements [120325 - 120380] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120341. (a) The governing authority shall admit a foster child, as defined in subdivision (a) of Section 48853.5 of the Education Code, whose immunization records are not available or are missing. (b) This section shall not alter the obligation of the governing authority to obtain a foster child’s immunization records pursuant to Section 48853.5 of the Education Code or to ensure the immunization of a foster child pursuant to this chapter. (Added by Stats. 2011, Ch. 463, Sec. 3. (AB 709) Effective January 1, 2012.)
  132. 120345.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Educational and Child Care Facility Immunization Requirements [120325 - 120380] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Required immunizations may be obtained from any private or public source if they are administered and recorded in line with department regulations.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Educational and Child Care Facility Immunization Requirements [120325 - 120380] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120345. The immunizations required by Chapter 1 (commencing with Section 120325, but excluding Section 120380) and required by Sections 120400, 120405, 120410, and 120415 may be obtained from any private or public source desired if the immunization is administered and records are made in accordance with regulations of the department. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  133. 120350.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Educational and Child Care Facility Immunization Requirements [120325 - 120380] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Each county health officer must run an immunization availability program for certain required persons and decide how to recover the program’s costs.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Educational and Child Care Facility Immunization Requirements [120325 - 120380] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120350. The county health officer of each county shall organize and maintain a program to make immunizations available to all persons required by Chapter 1 (commencing with Section 120325, but excluding Section 120380) and required by Sections 120400, 120405, 120410, and 120415 to be immunized. The county health officer shall also determine how the cost of the program is to be recovered. To the extent that the cost to the county is in excess of that sum recovered from persons immunized, the cost shall be paid by the county in the same manner as other expenses of the county are paid. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  134. 120355.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Educational and Child Care Facility Immunization Requirements [120325 - 120380] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Anyone or any organization that gives immunizations must provide the vaccinated person, or the person’s parent or guardian, a written immunization record on the department’s prescribed form.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Educational and Child Care Facility Immunization Requirements [120325 - 120380] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120355. Any person or organization administering immunizations shall furnish each person immunized, or his or her parent or guardian, with a written record of immunization given in a form prescribed by the department. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  135. 120360.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Educational and Child Care Facility Immunization Requirements [120325 - 120380] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section says the Chapter 1 immunization requirements and certain related sections do not apply to adults 18 or older or to people seeking admission to a community college.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Educational and Child Care Facility Immunization Requirements [120325 - 120380] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120360. The requirements of Chapter 1 (commencing with Section 120325, but excluding Section 120380) and of Sections 120400, 120405, 120410, and 120415 shall not apply to any person 18 years of age or older, or to any person seeking admission to a community college. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  136. 120370.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Educational and Child Care Facility Immunization Requirements [120325 - 120380] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section creates a medical exemption from school immunization requirements, allows some previously exempt children to keep enrolling through the next grade span, restricts admission after July 1, 2021 unless immunized or medically exempt, and allows temporary exclusion after disease exposure.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Educational and Child Care Facility Immunization Requirements [120325 - 120380] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120370. (a) (1) Prior to January 1, 2021, if the parent or guardian files with the governing authority a written statement by a licensed physician and surgeon to the effect that the physical condition of the child is such, or medical circumstances relating to the child are such, that immunization is not considered safe, indicating the specific nature and probable duration of the medical condition or circumstances, including, but not limited to, family medical history, for which the physician and surgeon does not recommend immunization, that child shall be exempt from the requirements of this chapter, except for Section 120380, and exempt from Sections 120400, 120405, 120410, and 120415 to the extent indicated by the physician and surgeon’s statement. (2) Commencing January 1, 2020, a child who has a medical exemption issued before January 1, 2020, shall be allowed continued enrollment to any public or private elementary or secondary school, child care center, day nursery, nursery school, family day care home, or developmental center within the state until the child enrolls in the next grade span. For purposes of this subdivision, “grade span” means each of the following: (A) Birth to preschool, inclusive. (B) Kindergarten and grades 1 to 6, inclusive, including transitional kindergarten. (C) Grades 7 to 12, inclusive. (3) Except as provided in this subdivision, on and after July 1, 2021, the governing authority shall not unconditionally admit or readmit to any of those institutions specified in this subdivision, or admit or advance any pupil to 7th grade level, unless the pupil has been immunized pursuant to Section 120335 or the parent or guardian files a medical exemption form that complies with Section 120372. (b) If there is good cause to believe that a child has been exposed to a disease listed in subdivision (b) of Section 120335 and the child’s documentary proof of immunization status does not show proof of immunization against that disease, that child may be temporarily excluded from the school or institution until the local health officer is satisfied that the child is no longer at risk of developing or transmitting the disease. (Amended by Stats. 2019, Ch. 281, Sec. 1. (SB 714) Effective January 1, 2020.)
  137. 120372.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Educational and Child Care Facility Immunization Requirements [120325 - 120380] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section requires the department to create and manage a standardized medical exemption form and review process, and limits schools’ acceptance to that form starting January 1, 2021.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Educational and Child Care Facility Immunization Requirements [120325 - 120380] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120372. (a) (1) By January 1, 2021, the department shall develop and make available for use by licensed physicians and surgeons an electronic, standardized, statewide medical exemption certification form that shall be transmitted directly to the department’s California Immunization Registry (CAIR) established pursuant to Section 120440. Pursuant to Section 120375, the form shall be printed, signed, and submitted directly to the school or institution at which the child will attend, submitted directly to the governing authority of the school or institution, or submitted to that governing authority through the CAIR where applicable. Notwithstanding Section 120370, commencing January 1, 2021, the standardized form shall be the only documentation of a medical exemption that the governing authority may accept. (2) At a minimum, the form shall require all of the following information: (A) The name, California medical license number, business address, and telephone number of the physician and surgeon who issued the medical exemption, and of the primary care physician of the child, if different from the physician and surgeon who issued the medical exemption. (B) The name of the child for whom the exemption is sought, the name and address of the child’s parent or guardian, and the name and address of the child’s school or other institution. (C) A statement certifying that the physician and surgeon has conducted a physical examination and evaluation of the child consistent with the relevant standard of care and complied with all applicable requirements of this section. (D) Whether the physician and surgeon who issued the medical exemption is the child’s primary care physician. If the issuing physician and surgeon is not the child’s primary care physician, the issuing physician and surgeon shall also provide an explanation as to why the issuing physician and not the primary care physician is filling out the medical exemption form. (E) How long the physician and surgeon has been treating the child. (F) A description of the medical basis for which the exemption for each individual immunization is sought. Each specific immunization shall be listed separately and space on the form shall be provided to allow for the inclusion of descriptive information for each immunization for which the exemption is sought. (G) Whether the medical exemption is permanent or temporary, including the date upon which a temporary medical exemption will expire. A temporary exemption shall not exceed one year. All medical exemptions shall not extend beyond the grade span, as defined in Section 120370. (H) An authorization for the department to contact the issuing physician and surgeon for purposes of this section and for the release of records related to the medical exemption to the department, the Medical Board of California, and the Osteopathic Medical Board of California. (I) A certification by the issuing physician and surgeon that the statements and information contained in the form are true, accurate, and complete. (3) An issuing physician and surgeon shall not charge for either of the following: (A) Filling out a medical exemption form pursuant to this section. (B) A physical examination related to the renewal of a temporary medical exemption. (b) Commencing January 1, 2021, if a parent or guardian requests a licensed physician and surgeon to submit a medical exemption for the parent’s or guardian’s child, the physician and surgeon shall inform the parent or guardian of the requirements of this section. If the parent or guardian consents, the physician and surgeon shall examine the child and submit a completed medical exemption certification form to the department. A medical exemption certification form may be submitted to the department at any time. (c) By January 1, 2021, the department shall create a standardized system to monitor immunization levels in schools and institutions as specified in Sections 120375 and 120440, and to monitor patterns of unusually high exemption form submissions by a particular physician and surgeon. (d) (1) The department, at a minimum, shall annually review immunization reports from all schools and institutions in order to identify medical exemption forms submitted to the department and under this section that will be subject to paragraph (2). (2) A clinically trained immunization department staff member, who is either a physician and surgeon or a registered nurse, shall review all medical exemptions from any of the following: (A) Schools or institutions subject to Section 120375 with an overall immunization rate of less than 95 percent. (B) Physicians and surgeons who have submitted five or more medical exemptions in a calendar year beginning January 1, 2020. (C) Schools or institutions subject to Section 120375 that do not provide reports of vaccination rates to the department. (3) (A) The department shall identify those medical exemption forms that do not meet applicable AAP criteria for appropriate medical exemptions. The department may contact the primary care physician and surgeon or issuing physician and surgeon to request additional information to support the medical exemption. (B) Notwithstanding subparagraph (A), the department, based on the medical discretion of the clinically trained immunization staff member, may accept a medical exemption that is based on other contraindications or precautions, including consideration of family medical history, if the issuing physician and surgeon provides written documentation to support the medical exemption that is consistent with the relevant standard of care. (C) A medical exemption that the reviewing immunization department staff member determines to be inappropriate or otherwise invalid under subparagraphs (A) and (B) shall also be reviewed by the State Public Health Officer or a physician and surgeon from the department’s immunization program designated by the State Public Health Officer. Pursuant to this review, the State Public Health Officer or physician and surgeon designee may revoke the medical exemption. (4) Medical exemptions issued prior to January 1, 2020, shall not be revoked unless the exemption was issued by a physician or surgeon that has been subject to disciplinary action by the Medical Board of California or the Osteopathic Medical Board of California. (5) The department shall notify the parent or guardian, issuing physician and surgeon, the school or institution, and the local public health officer with jurisdiction over the school or institution of a denial or revocation under this subdivision. (6) If a medical exemption is revoked pursuant to this subdivision, the child shall continue in attendance. However, within 30 calendar days of the revocation, the child shall commence the immunization schedule required for conditional admittance under Chapter 4 (commencing with Section 6000) of Division 1 of Title 17 of the California Code of Regulations in order to remain in attendance, unless an appeal is filed pursuant to Section 120372.05 within that 30-day time period, in which case the child shall continue in attendance and shall not be required to otherwise comply with immunization requirements unless and until the revocation is upheld on appeal. (7) (A) If the department determines that a physician’s and surgeon’s practice is contributing to a public health risk in one or more communities, the department shall report the physician and surgeon to the Medical Board of California or the Osteopathic Medical Board of California, as appropriate. The department shall not accept a medical exemption form from the physician and surgeon until the physician and surgeon demonstrates to the department that the public health risk no longer exists, but in no event shall the physician and surgeon be barred from submitting these forms for less than two years. (B) If there is a pending accusation against a physician and surgeon with the Medical Board of California or the Osteopathic Medical Board of California relating to immunization standards of care, the department shall not accept a medical exemption form from the physician and surgeon unless and until the accusation is resolved in favor of the physician and surgeon. (C) If a physician and surgeon licensed with the Medical Board of California or the Osteopathic Medical Board of California is on probation for action relating to immunization standards of care, the department and governing authority shall not accept a medical exemption form from the physician and surgeon unless and until the probation has been terminated. (8) The department shall notify the Medical Board of California or the Osteopathic Medical Board of California, as appropriate, of any physician and surgeon who has five or more medical exemption forms in a calendar year that are revoked pursuant to this subdivision. (9) Notwithstanding any other provision of this section, a clinically trained immunization program staff member who is a physician and surgeon or a registered nurse may review any exemption in the CAIR or other state database as necessary to protect public health. (e) The department, the Medical Board of California, and the Osteopathic Medical Board of California shall enter into a memorandum of understanding or similar agreement to ensure compliance with the requirements of this section. (f) In administering this section, the department and the independent expert review panel created pursuant to Section 120372.05 shall comply with all applicable state and federal privacy and confidentiality laws. The department may disclose information submitted in the medical exemption form in accordance with Section 120440, and may disclose information submitted pursuant to this chapter to the independent expert review panel for the purpose of evaluating appeals. (g) The department shall establish the process and guidelines for review of medical exemptions pursuant to this section. The department shall communicate the process to providers and post this information on the department’s website. (h) If the department or the California Health and Human Services Agency determines that contracts are required to implement or administer this section, the department may award these contracts on a single-source or sole-source basis. The contracts are not subject to Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, or Sections 4800 to 5180, inclusive, of the State Administrative Manual as they relate to approval of information technology projects or approval of increases in the duration or costs of information technology projects. (i) Notwithstanding 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), the department may implement and administer this section through provider bulletins, or similar instructions, without taking regulatory action. (j) For purposes of administering this section, the department and the California Health and Human Services Agency appeals process shall be exempt from the rulemaking and administrative adjudication provisions in the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with 11400), and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code). (Amended by Stats. 2025, Ch. 105, Sec. 29. (AB 144) Effective September 17, 2025.)
  138. 120372.05.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Educational and Child Care Facility Immunization Requirements [120325 - 120380] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    A parent or guardian may appeal a revoked medical exemption to the Secretary, who must set up a three-physician review panel and issue a written decision. The child stays in attendance during a timely appeal and does not have to start the required immunization while the appeal is pending.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Educational and Child Care Facility Immunization Requirements [120325 - 120380] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120372.05. (a) A medical exemption revoked pursuant to Section 120372 may be appealed by a parent or guardian to the Secretary of California Health and Human Services. Parents, guardians, or the physician who issued the medical exemption may provide necessary information for purposes of the appeal. (b) The secretary shall establish an independent expert review panel, consisting of three licensed physicians and surgeons who have relevant knowledge, training, and experience relating to primary care or immunization to review appeals. The agency shall establish the process and guidelines for the appeals process pursuant to this section, including the process for the panel to contact the issuing physician and surgeon, parent, or guardian. The agency shall post this information on the agency’s internet website. The agency shall also establish requirements, including conflict-of-interest standards, consistent with the purposes of this chapter, that a physician and surgeon shall meet in order to qualify to serve on the panel. (c) The independent expert review panel shall evaluate appeals consistent with the American Academy of Pediatrics guidelines or the relevant standard of care, as applicable. (d) The independent expert review panel shall submit its determination to the secretary. The secretary shall adopt the determination of the independent expert review panel and shall promptly issue a written decision to the child’s parent or guardian. The decision shall not be subject to further administrative review. (e) A child whose medical exemption revocation pursuant to subdivision (d) of Section 120372 is appealed under this section shall continue in attendance and shall not be required to commence the immunization required for conditional admittance under Chapter 4 (commencing with Section 6000) of Division 1 of Title 17 of the California Code of Regulations, provided that the appeal is filed within 30 calendar days of revocation of the medical exemption. (f) For purposes for administering this section, the department and the California Health and Human Services Agency appeals process shall be exempt from the rulemaking and administrative adjudication provisions in the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with 11400), and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code). (Amended by Stats. 2025, Ch. 105, Sec. 30. (AB 144) Effective September 17, 2025.)
  139. 120375.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Educational and Child Care Facility Immunization Requirements [120325 - 120380] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Schools and institutions covered here must check immunization proof, keep records, review conditional admissions, report status to health authorities, and stop attendance for noncompliant conditional pupils unless an exemption applies.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Educational and Child Care Facility Immunization Requirements [120325 - 120380] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120375. (a) The governing authority of each school or institution included in Section 120335 shall require documentary proof of each entrant’s immunization status. The governing authority shall record the immunizations of each new entrant in the entrant’s permanent enrollment and scholarship record on a form provided by the department. The immunization record of each new entrant admitted conditionally shall be reviewed periodically by the governing authority to ensure that within the time periods designated by regulation of the department the entrant has been fully immunized against all of the diseases listed in Section 120335, and immunizations received after entry shall be added to the pupil’s immunization record. (b) The governing authority of each school or institution included in Section 120335 shall prohibit from further attendance any pupil admitted conditionally who failed to obtain the required immunizations within the time limits allowed in the regulations of the department until that pupil has been fully immunized against all of the diseases listed in Section 120335, unless the pupil is exempted under Section 120370 or 120372. (c) The governing authority shall file a written report, on at least an annual basis, on the immunization status of new entrants to the school or institution under their jurisdiction with the department and the local health department on forms prescribed by the department. As provided in paragraph (4) of subdivision (a) of Section 49076 of the Education Code, the local health department shall have access to the complete health information as it relates to immunization of each student in the schools or other institutions listed in Section 120335 in order to determine immunization deficiencies. (d) The governing authority shall cooperate with the county health officer in carrying out programs for the immunization of persons applying for admission to any school or institution under its jurisdiction. The governing board of any school district may use funds, property, and personnel of the district for that purpose. The governing authority of any school or other institution may permit any licensed physician or any qualified registered nurse to administer immunizing agents to any person seeking admission to any school or institution under its jurisdiction. (Amended by Stats. 2019, Ch. 278, Sec. 5. (SB 276) Effective January 1, 2020.)
  140. 120380.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Educational and Child Care Facility Immunization Requirements [120325 - 120380] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The department may issue written regulations about when a registered nurse may give an immunizing agent under a supervising physician and surgeon, and nurses are not prevented from doing so even if those written regulations do not exist.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Educational and Child Care Facility Immunization Requirements [120325 - 120380] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120380. It is the intent of the Legislature that the administration of immunizing agents by registered nurses in school immunization programs under the direction of a supervising physician and surgeon as provided in Sections 49403 and 49426 of the Education Code shall be in accordance with accepted medical procedure. To implement this intent, the department may adopt written regulations specifying the procedures and circumstances under which a registered nurse, acting under the direction of a supervising physician and surgeon, may administer an immunizing agent pursuant to Sections 49403 and 49426 of the Education Code. However, nothing in this section shall be construed to prevent any registered nurse from administering an immunizing agent in accordance with Sections 49403 and 49426 of the Education Code in the absence of written regulations as the department is authorized to adopt under this section. (Amended by Stats. 1997, Ch. 97, Sec. 6. Effective July 21, 1997.)
  141. 120381.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.1. Meningococcal Disease Strategic Prevention Act of 2001 [120381- 120381.] ( Chapter 1.1 added by Stats. 2001, Ch. 374, Sec. 3. )

    Verify source ↗

    The State Department of Health Services must develop a meningococcal disease prevention plan, involve affected families, encourage medical cooperation on vaccine access, and deliver the plan to the Legislature by June 30, 2002.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.1. Meningococcal Disease Strategic Prevention Act of 2001 [120381- 120381.] ( Chapter 1.1 added by Stats. 2001, Ch. 374, Sec. 3. ) ## 120381. (a) The State Department of Health Services, in consultation with the State Department of Education, local public health agencies, and postsecondary educational institutions, shall develop a Meningococcal Disease Strategic Prevention Plan. (b) The plan shall include, but not be limited to, a review of all of the following: (1) The current scientific literature on meningococcal disease. (2) Experiences of other state and local governmental jurisdictions in the prevention of meningococcal disease and in prevention programs for similarly infectious diseases, such as tuberculosis and hepatitis. (3) The possible role of age-specific vaccination programs for meningococcal disease. (4) The availability of vaccines for meningococcal disease. (5) The application and roles of other governmental programs. (6) Current health plan coverages and other health insurance products. (c) The victims of meningococcal disease and their families shall be involved and have input in the development of the plan. (d) The department shall encourage public and private medical entities to cooperate with each other to make meningococcus vaccines and vaccinations accessible and provide any currently available vaccines to families that desire that their children be inoculated. (e) The plan shall be completed and made available to the Legislature on or before June 30, 2002. (Added by Stats. 2001, Ch. 374, Sec. 3. Effective October 1, 2001.)
  142. 120390.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.5. Immunization of College-Age Students [120390 - 120390.7] ( Chapter 1.5 added by Stats. 1999, Ch. 146, Sec. 5.5. )

    Verify source ↗

    The department must adopt and enforce regulations needed to carry out this chapter.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.5. Immunization of College-Age Students [120390 - 120390.7] ( Chapter 1.5 added by Stats. 1999, Ch. 146, Sec. 5.5. ) ## 120390. The department, in consultation with the Trustees of the California State University, the Regents of the University of California, and the Board of Governors of the California Community Colleges, as applicable, shall adopt and enforce all regulations necessary to carry out this chapter. (Amended by Stats. 2023, Ch. 809, Sec. 5. (AB 659) Effective January 1, 2024.)
  143. 120390.5.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.5. Immunization of College-Age Students [120390 - 120390.7] ( Chapter 1.5 added by Stats. 1999, Ch. 146, Sec. 5.5. )

    Verify source ↗

    Certain California public university governing bodies must require hepatitis B immunization proof from first-time enrollees age 18 or younger, subject to stated exceptions.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.5. Immunization of College-Age Students [120390 - 120390.7] ( Chapter 1.5 added by Stats. 1999, Ch. 146, Sec. 5.5. ) ## 120390.5. (a) Except as provided in subdivisions (b), (c), and (d), on or after January 1, 2000, the Trustees of the California State University, and the Regents of the University of California shall require the first-time enrollees at those institutions who are 18 years of age or younger to provide proof of full immunization against the hepatitis B virus prior to enrollment. (b) A person who has not been fully immunized against the hepatitis B virus, as required by subdivision (a), may be admitted by the governing body of any of the institutions of higher education to which subdivision (a) is applicable on condition that, within a designated time period, the person will provide proof of full immunization against hepatitis B. (c) Immunization of a person shall not be required for admission to an institution of higher education to which subdivision (a) is applicable if any of the following persons files with the governing body of the educational institution a letter or affidavit stating that the immunization is contrary to the beliefs of either of the following: (1) The parent, guardian, or adult who has assumed responsibility for the care and custody of the person seeking admission, if that applicant is a minor who is not emancipated or who is 17 years of age or younger. (2) The person seeking admission, if that applicant is an emancipated minor or is 18 years of age. (d) If a person seeking enrollment in an institution of higher education to which subdivision (a) is applicable, or the parent or guardian of a person seeking enrollment, files with the governing body a written statement by a physician and surgeon that the physical condition of the person or medical circumstances relating to the person are such that immunization is not considered safe, indicating the specific nature and probable duration of the medical condition or circumstances that contraindicate immunization, that person shall be exempt from the requirements of subdivision (a). (Added by Stats. 1999, Ch. 146, Sec. 5.5. Effective July 22, 1999.)
  144. 120390.7.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.5. Immunization of College-Age Students [120390 - 120390.7] ( Chapter 1.5 added by Stats. 1999, Ch. 146, Sec. 5.5. )

    Verify source ↗

    This chapter does not apply to the University of California unless the Regents make a provision applicable by resolution.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.5. Immunization of College-Age Students [120390 - 120390.7] ( Chapter 1.5 added by Stats. 1999, Ch. 146, Sec. 5.5. ) ## 120390.7. No provision of this chapter shall apply to the University of California except to the extent that the Regents of the University of California, by appropriate resolution, make that provision applicable. (Added by Stats. 1999, Ch. 146, Sec. 5.5. Effective July 22, 1999.)
  145. 120392.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.6. Influenza and Pneumococcal Immunizations [120392 - 120393] ( Chapter 1.6 added by Stats. 2004, Ch. 36, Sec. 1. )

    Verify source ↗

    This section defines “health care facility” and “medically contraindicated” for this chapter, and says the chapter does not apply to hospital-based skilled nursing facilities.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.6. Influenza and Pneumococcal Immunizations [120392 - 120393] ( Chapter 1.6 added by Stats. 2004, Ch. 36, Sec. 1. ) ## 120392. For purposes of this chapter, the following definitions apply: (a) “Health care facility” means a skilled nursing facility as defined in subdivision (c) of Section 1250, an intermediate care facility as defined in subdivision (d) of Section 1250, or a nursing facility as defined in subdivision (k) of Section 1250. This chapter shall not apply to hospital-based skilled nursing facilities. (b) “Medically contraindicated” means that the administration of the influenza or pneumococcal vaccines to a person, because of a medical condition of that person, would be detrimental to the person’s health if the person receives either or both of the vaccines. (Added by Stats. 2004, Ch. 36, Sec. 1. Effective January 1, 2005.)
  146. 120392.2.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.6. Influenza and Pneumococcal Immunizations [120392 - 120393] ( Chapter 1.6 added by Stats. 2004, Ch. 36, Sec. 1. )

    Verify source ↗

    Health care facilities must offer influenza and pneumococcal immunizations to certain residents and new admittees, and the facility may be reimbursed at the standard Medi-Cal rate in some cases.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.6. Influenza and Pneumococcal Immunizations [120392 - 120393] ( Chapter 1.6 added by Stats. 2004, Ch. 36, Sec. 1. ) ## 120392.2. (a) Each year, commencing October 1 to the following April 1, inclusive, every health care facility, as defined in subdivision (a) of Section 120392, shall offer, pursuant to Section 120392.4, immunizations for influenza and pneumococcal disease to residents, 65 years of age or older, receiving services at the facility consistent with recommendations adopted pursuant to Section 120164 and the latest recommendations of appropriate entities for the prevention, detection, and control of influenza outbreaks in California long-term care facilities. (b) Each health care facility, as defined in subdivision (a) of Section 120392, shall offer, pursuant to Section 120392.4, pneumococcal vaccine to all new admittees to the health care facility, consistent with the immunization recommendations adopted pursuant to Section 120164. (c) The facility shall be reimbursed the standard Medi-Cal rate for an immunization provided to a Medi-Cal recipient, unless the Medi-Cal recipient is also a Medicare recipient whose coverage includes reimbursement for the immunization. (Amended by Stats. 2025, Ch. 105, Sec. 33. (AB 144) Effective September 17, 2025.)
  147. 120392.3.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.6. Influenza and Pneumococcal Immunizations [120392 - 120393] ( Chapter 1.6 added by Stats. 2004, Ch. 36, Sec. 1. )

    Verify source ↗

    The department must provide flu vaccine to certain nonprofit and local agencies at no charge, and related agencies may charge up to $2 per person for administrative costs.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.6. Influenza and Pneumococcal Immunizations [120392 - 120393] ( Chapter 1.6 added by Stats. 2004, Ch. 36, Sec. 1. ) ## 120392.3. (a) The department shall provide appropriate flu vaccine to local governmental or private, nonprofit agencies at no charge in order that the agencies may provide the vaccine, at a minimal cost, at accessible locations. The department and the California Department of Aging shall prepare, publish, and disseminate information regarding the immunization recommendations adopted pursuant to Section 120164 or other criteria in order to ensure that the vaccination program is efficient and effective in meeting public health goals. Any guidance issued pursuant to this subdivision shall be exempt from 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). In the absence of guidance from the department, local agencies shall be guided by the influenza recommendations of the federal Centers for Disease Control and Prevention’s Advisory Committee on Immunization Practices as of January 1, 2025, the American Academy of Pediatrics, the American College of Obstetricians and Gynecologists, or the American Academy of Family Physicians. (b) The department may provide appropriate vaccine that prevents other respiratory infections to local governmental or private, nonprofit agencies at no charge in order that the agencies may provide the vaccine, at a minimal cost, at accessible locations for groups identified as high risk by the department. (c) The program shall be designed to use voluntary assistance from public or private sectors in administering the vaccines. However, local governmental or private, nonprofit agencies may charge and retain a fee not exceeding two dollars ($2) per person to offset administrative operating costs. (d) Except when the department determines that it is not feasible to use federal funds due to excessive administrative costs, the department shall seek and use available federal funds to the maximum extent possible for the cost of the vaccine, the cost of administering the vaccine, and the minimal fee charged under this section, including reimbursement under the Medi-Cal program for persons eligible therefor to the extent permitted by federal law. (e) A private, nonprofit volunteer agency whose involvement with an immunization program governed by this section is limited to the provision of a clinic site or promotional and logistical support pursuant to subdivision (c), or any employee or member thereof, shall not be liable for any injury caused by an act or omission in the administration of the vaccine or other immunizing agent, if the immunization is performed pursuant to this section in conformity with applicable federal, state, or local governmental standards and the act or omission does not constitute willful misconduct or gross negligence. As used in this subdivision, “injury” includes the residual effects of the vaccine or other immunizing agent. It is the intent of the Legislature in adding this subdivision to affect only the liability of private, nonprofit volunteer agencies and their members that are not health facilities, as defined in Section 1250. (f) This section shall not be construed to require the physical presence of a directing or supervising physician, or the examination by a physician of persons to be tested or immunized. (Amended by Stats. 2025, Ch. 105, Sec. 34. (AB 144) Effective September 17, 2025.)
  148. 120392.4.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.6. Influenza and Pneumococcal Immunizations [120392 - 120393] ( Chapter 1.6 added by Stats. 2004, Ch. 36, Sec. 1. )

    Verify source ↗

    Health care facilities must determine certain residents’ flu and pneumococcal immunization status, obtain informed consent before vaccinating, follow Section 1418.8 in specified incapacity cases, and record whether vaccines were offered.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.6. Influenza and Pneumococcal Immunizations [120392 - 120393] ( Chapter 1.6 added by Stats. 2004, Ch. 36, Sec. 1. ) ## 120392.4. (a) A resident who receives services at a health care facility during the period of October 1 to April 1 shall have his or her status for influenza and pneumococcal immunization determined by his or her physician or facility medical director, and, if appropriate, the facility shall offer to make the immunizations available, unless the facility, through written policies and procedures and using standardized nursing procedures, offers to make the immunizations available without limitation as to the period when the residents receive services at the facility. (b) A health care facility shall obtain from a resident who requests immunization services, or, if the person lacks the capacity to make medical decisions, from the person legally authorized to make medical decisions on the resident’s behalf, informed consent for the resident to be immunized by vaccination against influenza or pneumococcal disease, or both, to be conducted by the facility while the resident is receiving services at the facility. (c) A health care facility shall comply with Section 1418.8 with respect to a resident who lacks the capacity to make health care decisions, and there is no person with legal authority to make these decisions on behalf of the resident. (d) The health care facility shall document in a resident’s medical record whether the resident has been offered the influenza vaccine or the pneumococcal vaccine. (Added by Stats. 2004, Ch. 36, Sec. 1. Effective January 1, 2005.)
  149. 120392.6.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.6. Influenza and Pneumococcal Immunizations [120392 - 120393] ( Chapter 1.6 added by Stats. 2004, Ch. 36, Sec. 1. )

    Verify source ↗

    A person offered these vaccines under this chapter must not receive them if the vaccine is medically contraindicated, conflicts with the resident’s personal beliefs, or conflicts with the resident’s wishes.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.6. Influenza and Pneumococcal Immunizations [120392 - 120393] ( Chapter 1.6 added by Stats. 2004, Ch. 36, Sec. 1. ) ## 120392.6. No person who has been offered the vaccine as required under this chapter may receive either an influenza vaccine or pneumococcal vaccine pursuant to this chapter if any of the following conditions exists: (a) The vaccine is medically contraindicated, as described in the product labeling approved by the federal Food and Drug Administration. (b) Receipt of the vaccine is against the resident’s personal beliefs. (c) Receipt of the vaccine is against the resident’s wishes, or, if the person lacks the capacity to make medical decisions, is against the wishes of the person legally authorized to make medical decisions on the resident’s behalf. (Amended by Stats. 2025, Ch. 105, Sec. 35. (AB 144) Effective September 17, 2025.)
  150. 120392.8.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.6. Influenza and Pneumococcal Immunizations [120392 - 120393] ( Chapter 1.6 added by Stats. 2004, Ch. 36, Sec. 1. )

    Verify source ↗

    A health care facility does not have to offer influenza or pneumococcal immunizations if vaccine supply is short or the resident will not pay and no other funding source is available.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.6. Influenza and Pneumococcal Immunizations [120392 - 120393] ( Chapter 1.6 added by Stats. 2004, Ch. 36, Sec. 1. ) ## 120392.8. (a) Notwithstanding any other provision of this chapter, a health care facility shall not be required to offer immunizations for influenza and pneumococcal disease under either of the following circumstances: (1) The facility is unable to obtain the vaccine due to a shortage of the supply of vaccine. (2) The resident refuses to pay for the vaccine and there is no other funding source available to pay for the cost of the vaccine. (b) If a health care facility, as defined in subdivision (a) of Section 120392, fails to offer an immunization pursuant to this chapter due to lack of availability of vaccine, a physician’s refusal to assess the resident or cooperate with the recommendations of the provisions of this chapter, or lack of resident cooperation, the failure shall not be the basis for issuing a deficiency or citation against the facility’s license. (c) This chapter is intended to encourage immunizations for residents in health care facilities, and the department shall consider a facility’s efforts to prevent a violation of this chapter prior to issuing a deficiency or citation. The department may issue a deficiency or citation for failure to comply with Section 120392.4. (Added by Stats. 2004, Ch. 36, Sec. 1. Effective January 1, 2005.)
  151. 120392.9.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.6. Influenza and Pneumococcal Immunizations [120392 - 120393] ( Chapter 1.6 added by Stats. 2004, Ch. 36, Sec. 1. )

    Verify source ↗

    A general acute care hospital must offer influenza and pneumococcal immunizations before discharge to inpatients age 65 or older during the October 1 to April 1 seasonal period, if it has the vaccine and is acting under standardized procedures.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.6. Influenza and Pneumococcal Immunizations [120392 - 120393] ( Chapter 1.6 added by Stats. 2004, Ch. 36, Sec. 1. ) ## 120392.9. Pursuant to its standardized procedures and if it has the vaccine in its possession, each year, commencing October 1 to the following April 1, inclusive, a general acute care hospital, as defined in subdivision (a) of Section 1250, shall offer, prior to discharge, immunizations for influenza and pneumococcal disease to inpatients, 65 years of age or older, consistent with recommendations adopted pursuant to Section 120164 or the recommendations of appropriate entities for the prevention, detection, and control of influenza outbreaks in California general acute care hospitals. (Amended by Stats. 2025, Ch. 105, Sec. 36. (AB 144) Effective September 17, 2025.)
  152. 120393.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.6. Influenza and Pneumococcal Immunizations [120392 - 120393] ( Chapter 1.6 added by Stats. 2004, Ch. 36, Sec. 1. )

    Verify source ↗

    The State Department of Public Health must post influenza education on its website and may use additional resources to educate the public.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.6. Influenza and Pneumococcal Immunizations [120392 - 120393] ( Chapter 1.6 added by Stats. 2004, Ch. 36, Sec. 1. ) ## 120393. (a) The State Department of Public Health shall post educational information, in accordance with the latest recommendations adopted pursuant to Section 120164, regarding influenza disease and the availability of influenza vaccinations on the department’s internet website. It is the intent of the Legislature to increase the average number of Californians who receive an influenza vaccination. (b) The educational information posted on the department’s internet website pursuant to subdivision (a) shall include, but not be limited to, all of the following: (1) The health benefits of an influenza vaccination. (2) That the influenza vaccination may be a covered benefit for those with health insurance coverage. (3) That influenza vaccinations may be available for a minimal fee to those individuals who do not have health insurance coverage. (4) The locations where free or low-cost vaccinations are available. (c) The department may use additional available resources to educate the public about the information described in subdivision (b), including public service announcements, media events, public outreach to individuals and groups who are susceptible to influenza, and any other preventive and wellness education efforts recommended by public health officials. (Amended by Stats. 2025, Ch. 105, Sec. 37. (AB 144) Effective September 17, 2025.)
  153. 120395.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.7. Meningococcal Immunization [120395 - 120399] ( Chapter 1.7 added by Stats. 2001, Ch. 372, Sec. 1. )

    Verify source ↗

    The State Department of Public Health must develop meningococcal disease information by April 1, 2010, include specified warnings and vaccination information, and provide the material to postsecondary institutions and school districts on request.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.7. Meningococcal Immunization [120395 - 120399] ( Chapter 1.7 added by Stats. 2001, Ch. 372, Sec. 1. ) ## 120395. (a) The State Department of Public Health shall, no later than April 1, 2010, develop information about meningococcal disease, including information pertaining to children who are between 11 and 18 years of age. The information may include a recommendation that children between 11 and 18 years of age be vaccinated. The information shall include: (1) Information about meningococcal disease, including symptoms, risks, and treatment. (2) Notice of the availability, benefits, risks, and limitations of a meningococcus vaccination, with specific information as to those persons at higher risk for the disease. (b) The department shall make available to each degree-granting public and private postsecondary institution, upon the request of that institution, information developed by the department on meningococcal disease. (c) The department shall also send an information notice to each school district advising each school district of the availability of information developed by the department, and shall make the information available to any school district upon the request of that school district. (d) The department may also use the information developed to design and implement a public awareness campaign about meningococcal disease to reach members of the population identified as being at high risk for contracting the disease. (e) The State Department of Education may add the above-described information about meningococcal disease to any health education material that is sent home to parents of students who are at least 11 years of age. (Amended by Stats. 2009, Ch. 176, Sec. 2. (SB 249) Effective January 1, 2010.)
  154. 120396.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.7. Meningococcal Immunization [120395 - 120399] ( Chapter 1.7 added by Stats. 2001, Ch. 372, Sec. 1. )

    Verify source ↗

    Public postsecondary institutions with on-campus housing must give incoming freshmen meningococcal disease information, collect a response form, and keep the completed forms, starting with the 2002–03 school year.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.7. Meningococcal Immunization [120395 - 120399] ( Chapter 1.7 added by Stats. 2001, Ch. 372, Sec. 1. ) ## 120396. Each degree-granting public postsecondary educational institution that provides on-campus housing in the state shall, beginning with the 2002–03 school year, do all of the following: (a) Provide information on meningococcal disease developed pursuant to Section 120395 to each incoming freshman who has been accepted for admission to the postsecondary educational institution and who will be residing in on-campus housing. The information shall include a response form with space in which to indicate that the incoming freshman has received the information about meningococcal disease and the availability of the vaccine to prevent one from contracting the disease. The form shall include space for the incoming freshman to indicate whether or not he or she has chosen to receive the vaccination, and a space for his or her signature. (b) Require each incoming freshman to return to the postsecondary educational institution a form with a response as to whether the person received the information, and whether or not the person chooses to receive the vaccination. (c) Maintain the completed forms received from students in accord with the institution’s health care records policy. (d) Nothing in this section shall be construed to require the postsecondary educational institution to provide the vaccination to the students. (Added by Stats. 2001, Ch. 372, Sec. 1. Effective January 1, 2002.)
  155. 120397.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.7. Meningococcal Immunization [120395 - 120399] ( Chapter 1.7 added by Stats. 2001, Ch. 372, Sec. 1. )

    Verify source ↗

    Certain private postsecondary institutions with on-campus housing must adopt a policy to notify incoming students about meningococcal disease and the vaccine.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.7. Meningococcal Immunization [120395 - 120399] ( Chapter 1.7 added by Stats. 2001, Ch. 372, Sec. 1. ) ## 120397. Each degree-granting private postsecondary educational institution that provides on-campus housing in the state shall adopt a policy to notify all incoming students about meningococcal disease and the availability of the vaccination, beginning with the 2002–03 school year. The Legislature encourages those institutions to consider all of the following in adopting the policy: (a) Providing information on meningococcal disease developed pursuant to Section 120395 to each prospective student who has been accepted for admission to the postsecondary institution prior to the student’s matriculation into the institution. The information may include a response form with space in which to indicate that the prospective student has received the information about meningococcal disease and the availability of the vaccine to prevent one from contracting the disease. The form shall include space for the prospective student to indicate whether or not he or she has chosen to receive the vaccination, and a space for his or her signature. (b) Requiring each prospective student to return to the postsecondary educational institution a form with a response as to whether or not the person received the information, and whether or not the person chooses to receive the vaccination. (c) Maintaining the completed forms received from students in accordance with the institution’s health care records policy. (d) Nothing in this section shall be construed to require the postsecondary educational institution to provide the vaccination to students. (Added by Stats. 2001, Ch. 372, Sec. 1. Effective January 1, 2002.)
  156. 120398.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.7. Meningococcal Immunization [120395 - 120399] ( Chapter 1.7 added by Stats. 2001, Ch. 372, Sec. 1. )

    Verify source ↗

    Postsecondary educational institutions must keep certain meningococcal immunization information confidential.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.7. Meningococcal Immunization [120395 - 120399] ( Chapter 1.7 added by Stats. 2001, Ch. 372, Sec. 1. ) ## 120398. Each public and private postsecondary educational institution shall maintain the confidentiality of information obtained pursuant to Section 120396 or 120397 in the same manner as other confidential student information is maintained by the institution. Each institution is subject to civil action and criminal penalties for the wrongful disclosure of the information, in accordance with other provisions of law. (Added by Stats. 2001, Ch. 372, Sec. 1. Effective January 1, 2002.)
  157. 120399.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.7. Meningococcal Immunization [120395 - 120399] ( Chapter 1.7 added by Stats. 2001, Ch. 372, Sec. 1. )

    Verify source ↗

    This chapter does not apply to the University of California unless the Regents make it applicable by appropriate resolution.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.7. Meningococcal Immunization [120395 - 120399] ( Chapter 1.7 added by Stats. 2001, Ch. 372, Sec. 1. ) ## 120399. No provision of this chapter shall apply to the University of California except to the extent that the Regents of the University of California, by appropriate resolution, make applicable the provision of the chapter. (Added by Stats. 2001, Ch. 372, Sec. 1. Effective January 1, 2002.)
  158. 1204.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 1. Definitions and General Provisions [1200 - 1210] ( Article 1 added by Stats. 1978, Ch. 1147. )

    Verify source ↗

    This section says which clinics can be licensed and sets ownership and charging rules for community and free clinics.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 1. Definitions and General Provisions [1200 - 1210] ( Article 1 added by Stats. 1978, Ch. 1147. ) ## 1204. Clinics eligible for licensure pursuant to this chapter are primary care clinics and specialty clinics. (a) (1) Only the following defined classes of primary care clinics shall be eligible for licensure: (A) A “community clinic” means a clinic operated by a tax-exempt nonprofit corporation that is supported and maintained in whole or in part by donations, bequests, gifts, grants, government funds or contributions, that may be in the form of money, goods, or services. In a community clinic, any charges to the patient shall be based on the patient’s ability to pay, utilizing a sliding fee scale. No corporation other than a nonprofit corporation, exempt from federal income taxation under paragraph (3) of subsection (c) of Section 501 of the Internal Revenue Code of 1954 as amended, or a statutory successor thereof, shall operate a community clinic; provided, that the licensee of any community clinic so licensed on the effective date of this section shall not be required to obtain tax-exempt status under either federal or state law in order to be eligible for, or as a condition of, renewal of its license. No natural person or persons shall operate a community clinic. (B) A “free clinic” means a clinic operated by a tax-exempt, nonprofit corporation supported in whole or in part by voluntary donations, bequests, gifts, grants, government funds or contributions, that may be in the form of money, goods, or services. In a free clinic there shall be no charges directly to the patient for services rendered or for drugs, medicines, appliances, or apparatuses furnished. No corporation other than a nonprofit corporation exempt from federal income taxation under paragraph (3) of subsection (c) of Section 501 of the Internal Revenue Code of 1954 as amended, or a statutory successor thereof, shall operate a free clinic; provided, that the licensee of any free clinic so licensed on the effective date of this section shall not be required to obtain tax-exempt status under either federal or state law in order to be eligible for, or as a condition of, renewal of its license. No natural person or persons shall operate a free clinic. (2) Nothing in this subdivision shall prohibit a community clinic or a free clinic from providing services to patients whose services are reimbursed by third-party payers, or from entering into managed care contracts for services provided to private or public health plan subscribers, as long as the clinic meets the requirements identified in subparagraphs (A) and (B). For purposes of this subdivision, any payments made to a community clinic by a third-party payer, including, but not limited to, a health care service plan, shall not constitute a charge to the patient. This paragraph is a clarification of existing law. (b) The following types of specialty clinics shall be eligible for licensure as specialty clinics pursuant to this chapter: (1) A “surgical clinic” means a clinic that is not part of a hospital and that provides ambulatory surgical care for patients who remain less than 24 hours. A surgical clinic does not include any place or establishment owned or leased and operated as a clinic or office by one or more physicians or dentists in individual or group practice, regardless of the name used publicly to identify the place or establishment, provided, however, that physicians or dentists may, at their option, apply for licensure. (2) A “chronic dialysis clinic” means a clinic that provides less than 24-hour care for the treatment of patients with end-stage renal disease, including renal dialysis services. (3) A “rehabilitation clinic” means a clinic that, in addition to providing medical services directly, also provides physical rehabilitation services for patients who remain less than 24 hours. Rehabilitation clinics shall provide at least two of the following rehabilitation services: physical therapy, occupational therapy, social, speech pathology, and audiology services. A rehabilitation clinic does not include the offices of a private physician in individual or group practice. (4) An “alternative birth center” means a clinic that is not part of a hospital and that provides comprehensive perinatal services and delivery care to pregnant women who remain less than 24 hours at the facility. (Amended by Stats. 2000, Ch. 27, Sec. 1. Effective January 1, 2001.)
  159. 1204.1.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 1. Definitions and General Provisions [1200 - 1210] ( Article 1 added by Stats. 1978, Ch. 1147. )

    Verify source ↗

    Psychology clinics may be licensed if they meet the section’s requirements, including nonprofit status, clinical psychologist direction, and sliding-fee patient charges.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 1. Definitions and General Provisions [1200 - 1210] ( Article 1 added by Stats. 1978, Ch. 1147. ) ## 1204.1. In addition to the primary care clinics and specialty clinics specified in Section 1204, clinics eligible for licensure pursuant to this chapter include psychology clinics. A “psychology clinic” is a clinic which provides psychological advice, services, or treatment to patients, under the direction of a clinical psychologist as defined in Section 1316.5, and is operated by a tax-exempt nonprofit corporation which is supported and maintained in whole or in part by donations, bequests, gifts, grants, government funds, or contributions which may be in the form of money, goods, or services. In a psychology clinic, any charges to the patient shall be based on the patient’s ability to pay, utilizing a sliding fee scale. No corporation other than a nonprofit corporation, exempt from federal taxation under paragraph (3), subsection (c) of Section 501 of the Internal Revenue Code of 1954, as amended, or a statutory successor thereof, shall operate a psychology clinic. Each psychology clinic licensed pursuant to this section shall comply with the provisions of Part 2 (commencing with Section 13100) of Division 12. Only a psychology clinic may be licensed under this chapter to exclusively provide psychological advice, services, or treatment. However, nothing in this subdivision precludes clinics specified in Section 1204 from providing psychological advice, services, or treatment as included within, or adjunctive to, medical advice, services, or treatment provided by such clinics. Failure to comply with the requirements of this section may be grounds for denial, revocation, or suspension of the license. (Amended by Stats. 1987, Ch. 456, Sec. 1.)
  160. 1204.2.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 1. Definitions and General Provisions [1200 - 1210] ( Article 1 added by Stats. 1978, Ch. 1147. )

    Verify source ↗

    Primary care clinics must provide transfer medical records with the patient, and certain clinics offering alternative birth center services must keep a written transfer agreement with a local hospital.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 1. Definitions and General Provisions [1200 - 1210] ( Article 1 added by Stats. 1978, Ch. 1147. ) ## 1204.2. (a) Notwithstanding any other law, and except as provided in subdivision (c), a primary care clinic described in subdivision (a) of Section 1204 that is licensed pursuant to this chapter shall not be required to enter into a written transfer agreement with a nearby hospital as a condition of licensure. (b) (1) A primary care clinic shall send with each patient at the time of transfer, or in the case of an emergency, as promptly as possible, copies of all medical records related to the patient’s transfer. To the extent practicable and applicable to the patient’s transfer, the medical records shall include current medical findings, diagnoses, laboratory results, medications provided prior to transfer, a brief summary of the course of treatment provided prior to transfer, ambulation status, nursing and dietary information, name and contact information for the treating physician at the clinic, and, as appropriate, pertinent administrative and demographic information related to the patient, including name and date of birth. (2) The requirements in paragraph (1) do not apply if the primary care clinic has entered into a written transfer agreement with a local hospital that provides for the transfer of medical records. (c) A primary care clinic licensed pursuant to subdivision (a) of Section 1204 that provides services as an alternative birth center shall, as a condition of licensure, be required to maintain a written transfer agreement with a local hospital. The transfer agreement shall include provisions for communication and transportation to meet medical emergencies. Essential personal, health, and medical information shall either accompany the patient upon transfer or be transmitted immediately by telephone to the receiving facility. This section does not modify or supersede the requirements imposed on alternative birth centers described in Section 1204.3. (d) This section shall become operative on January 1, 2018. (Amended (as added by Stats. 2015, Ch. 704, Sec. 2) by Stats. 2016, Ch. 86, Sec. 171. (SB 1171) Effective January 1, 2017.)
  161. 1204.3.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 1. Definitions and General Provisions [1200 - 1210] ( Article 1 added by Stats. 1978, Ch. 1147. )

    Verify source ↗

    Covered birth-center clinics must meet licensing conditions, including service, policy, transfer, staffing, and patient-information requirements.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 1. Definitions and General Provisions [1200 - 1210] ( Article 1 added by Stats. 1978, Ch. 1147. ) ## 1204.3. (a) An alternative birth center that is licensed as an alternative birth center specialty clinic pursuant to paragraph (4) of subdivision (b) of Section 1204 shall, as a condition of licensure, and a primary care clinic licensed pursuant to subdivision (a) of Section 1204 that provides services as an alternative birth center shall, meet all of the following requirements: (1) Provide perinatal services that are comprehensive in nature, including, but not limited to, all of the following, consistent with the standards of the midwifery and birth center model of care and as described in paragraph (3): (A) Psychosocial assessments. (B) When appropriate, referrals to counseling. (C) Nutritional assessments. (D) When appropriate, referrals to counseling on food supplement programs, vitamins, and breastfeeding. (E) Education on overall health, childbirth, and parenting. (2) Maintain a quality assurance program. (3) Meet the standards for certification established by the American Association of Birth Centers, or at least equivalent standards as determined by the state department. (4) In addition to standards of the American Association of Birth Centers regarding proximity to hospitals and presence of attendants at births, meet both of the following conditions: (A) Have and implement a written policy for hospital transfer, approved by the governing body of the alternative birth center or the governing body of the primary care clinic that provides services as an alternative birth center, as applicable. The written policy shall include, but not be limited to, all of the following: (i) The specific arrangements for the referral of a complication to a physician and surgeon for consultation. The certified nurse-midwife or licensed midwife shall not be required to identify a specific physician and surgeon. (ii) The specific arrangements for the transfer of care during the prenatal period, hospital transfer during the intrapartum and postpartum periods, and access to appropriate emergency medical services for the patient or client and the baby if necessary, and recommendations for preregistration at a hospital that has obstetric emergency services and is most likely to receive the transfer. (iii) A requirement that at the time of transfer the certified nurse-midwife or licensed midwife, who was responsible for the patient’s or client’s care immediately prior to the time of transfer, provide the hospital with all of the transferred patient’s or client’s medical records that are available at the time of the transfer, including prenatal records, and speak with the receiving provider who is responsible for the patient’s or client’s hospital care at the time of transfer, about labor up to the point of the transfer, including any information that has not yet been added to the medical record. Other records that are not yet available or included in the medical record shall be sent as soon as practicable after transfer. (iv) A requirement that, during consultation with the patient or client at the time of initial orientation to the alternative birth center, or the primary care clinic that provides services as an alternative birth center, and its model of care, all patients and clients be informed of the estimated transfer time, which is the expected duration from departure from the birth center to arrival at the planned receiving hospital. This information shall also include a clear explanation of the birth center’s overall emergency transfer plan, including specified measures in place to mitigate any risk associated with distance from the planned receiving hospital and to ensure safe transfer for both pregnant person and fetus or neonate. This information shall be provided in writing and shall be included in the patient’s or client’s medical file with the patient’s or client’s signed acknowledgment. (B) Require the presence of at least two attendants at all times during birth, one of whom shall be a physician and surgeon, a licensed midwife, or a certified nurse-midwife. (5) Have a written policy relating to the dissemination of the following information to patients and clients: (A) A summary of current state laws requiring child passenger restraint systems to be used when transporting children in motor vehicles. (B) A listing of child passenger restraint system programs located within the county, as required by Section 27362 of the Vehicle Code. (C) Information describing the risks of death or serious injury associated with the failure to utilize a child passenger restraint system. (b) The state department shall issue a permit to a primary care clinic licensed pursuant to subdivision (a) of Section 1204 certifying that the primary care clinic has met the requirements of this section and may provide services as an alternative birth center. Nothing in this section shall be construed to require that a licensed primary care clinic obtain an additional license in order to provide services as an alternative birth center. (c) (1) Notwithstanding subdivision (a) of Section 1206, no place or establishment owned or leased and operated as a clinic or office by one or more licensed health care practitioners and used as an office for the practice of their profession, within the scope of their license, shall be represented or otherwise held out to be an alternative birth center licensed by the state unless it meets the requirements of this section. (2) Nothing in this subdivision shall be construed to prohibit licensed health care practitioners from providing birth-related services, within the scope of their license, in a place or establishment described in paragraph (1). (Amended by Stats. 2025, Ch. 595, Sec. 1. (AB 55) Effective January 1, 2026.)
  162. 1204.4.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 1. Definitions and General Provisions [1200 - 1210] ( Article 1 added by Stats. 1978, Ch. 1147. )

    Verify source ↗

    The State Department of Health Services must provide information to the California Health Facilities Financing Authority about primary care clinic grant applicants for capital outlay projects.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 1. Definitions and General Provisions [1200 - 1210] ( Article 1 added by Stats. 1978, Ch. 1147. ) ## 1204.4. The State Department of Health Services shall provide information to the California Health Facilities Financing Authority with respect to primary care clinic grant applicants for capital outlay projects as specified in Section 15438.6 of the Government Code. (Added by Stats. 2000, Ch. 99, Sec. 3. Effective January 1, 2001.)
  163. 1204.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 1. Definitions and General Provisions [1200 - 1210] ( Article 1 added by Stats. 1978, Ch. 1147. )

    Verify source ↗

    A primary care clinic may submit certification verification to the Licensing and Certification Division for entry into the electronic Licensing Management System.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 1. Definitions and General Provisions [1200 - 1210] ( Article 1 added by Stats. 1978, Ch. 1147. ) ## 1204.5. A primary care clinic may submit verification of certification from the Joint Commission, the Accreditation Association for Ambulatory Health Care (AAAHC), or any other accrediting organization recognized by the department to the Licensing and Certification Division within the State Department of Public Health for entry into the electronic Licensing Management System for purposes of data collection and extraction for licensing and certification fee calculations. (Amended by Stats. 2013, Ch. 583, Sec. 1. (AB 297) Effective January 1, 2014.)
  164. 120400.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Department of Health Services Provision of Funds, Immunibiologics, and Access to Immunibiologics [120400 - 120435] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The department may establish an immunization outreach program.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Department of Health Services Provision of Funds, Immunibiologics, and Access to Immunibiologics [120400 - 120435] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120400. The department may establish an immunization outreach program. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  165. 120405.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Department of Health Services Provision of Funds, Immunibiologics, and Access to Immunibiologics [120400 - 120435] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Local health officers may create immunization or outreach sites and programs, and outreach programs must include referral components when feasible.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Department of Health Services Provision of Funds, Immunibiologics, and Access to Immunibiologics [120400 - 120435] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120405. (a) A local health officer, or consortium of local health officers, may establish permanent, temporary, or mobile sites and programs, for the purpose of immunizing children, or performing outreach to refer parents to other programs that provide immunizations and comprehensive health services. These sites for referral or immunization may include, but are not limited to, the following: (1) Public places where parents of children at high risk of remaining unimmunized reside, shop, worship, or recreate. (2) School grounds, either during regular hours, or evening hours or on weekends. (3) On or adjacent to sites of public- or community-based agencies or programs that either provide or refer persons to public assistance programs or services. (b) Outreach programs shall, to the extent feasible, include referral components intended to link immunized children with available public or private primary care providers, in order to increase access to continuing pediatric care, including subsequent immunization services as necessary. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  166. 120410.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Department of Health Services Provision of Funds, Immunibiologics, and Access to Immunibiologics [120400 - 120435] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The program must target children who do not get immunizations from private or other public sources, with priority for infants and children up to age three, and outreach programs must give families information about possible vaccine reactions and follow-up referral sources.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Department of Health Services Provision of Funds, Immunibiologics, and Access to Immunibiologics [120400 - 120435] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120410. The population to be targeted by the program shall include children who do not receive immunizations through private third-party sources or other public sources with priority given to infants and children from birth up to age three. Outreach programs shall include information to the families of children being immunized about possible reactions to the vaccine and about followup referral sources. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  167. 120415.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Department of Health Services Provision of Funds, Immunibiologics, and Access to Immunibiologics [120400 - 120435] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The Health and Welfare Agency may waive certain state administrative, eligibility, and billing requirements for qualifying counties.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Department of Health Services Provision of Funds, Immunibiologics, and Access to Immunibiologics [120400 - 120435] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120415. The Health and Welfare Agency may waive state administrative, eligibility, and billing requirements that apply to other public assistance programs through which immunization and comprehensive health services outreach and vaccination are offered, for counties that establish streamlined administrative, eligibility, billing, and referral procedures between those public assistance programs, and the immunization and comprehensive health services programs established pursuant to Sections 120400 through 120415, inclusive. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  168. 120420.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Department of Health Services Provision of Funds, Immunibiologics, and Access to Immunibiologics [120400 - 120435] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The department must provide financial assistance for county and areawide immunization campaigns against rubella.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Department of Health Services Provision of Funds, Immunibiologics, and Access to Immunibiologics [120400 - 120435] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120420. The department shall provide financial assistance to county and areawide immunization campaigns under the direction of local health officers for the prevention of rubella. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  169. 120425.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Department of Health Services Provision of Funds, Immunibiologics, and Access to Immunibiologics [120400 - 120435] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Funds appropriated for this section must be made available to local health departments or areawide associations, used only for rubella immunization campaign costs, and spent by March 31, 1971.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Department of Health Services Provision of Funds, Immunibiologics, and Access to Immunibiologics [120400 - 120435] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120425. All moneys appropriated to the department for the purposes of this section and Section 120420 shall be made available to local health departments, as defined in Section 101185, or to areawide associations of local health departments. All moneys received by the local departments or areawide associations shall be utilized only for the purchase of rubella vaccines, other necessary supplies and equipment for rubella immunization campaigns, and promotional costs of these campaigns. No moneys appropriated for the purpose of this section and Section 120420 shall be used by the department or by any local department or areawide association for administrative purposes, and these moneys may not be used to supplant or support local health department clinics and programs already regularly operated by the departments, but may be used only for additional county or areawide rubella immunization campaigns. All moneys appropriated for the purposes of this section and Section 120420 shall be expended by March 31, 1971. (Amended by Stats. 2006, Ch. 538, Sec. 438. Effective January 1, 2007.)
  170. 120430.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Department of Health Services Provision of Funds, Immunibiologics, and Access to Immunibiologics [120400 - 120435] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The department must adopt regulations to help ensure students in specified schools and child care settings can get full measles immunization, subject to available funds.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Department of Health Services Provision of Funds, Immunibiologics, and Access to Immunibiologics [120400 - 120435] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120430. (a) The Legislature finds and declares that 1990 marks one of the worst measles epidemics in recent history and that this epidemic threatens the health and safety of our schoolaged children. The Legislature finds and declares that, according to the Center for Disease Control and the American Academy of Pediatrics, current medical technology suggests that in order to be fully immunized against measles, children should receive two doses of the immunization agent for measles before the age of seven years. It is the intent of the Legislature to ensure that all possible steps are taken to combat the spread of any disease through California schools. (b) The department, in consultation with the State Department of Education, shall develop and adopt regulations to ensure that every student in any private or public elementary or secondary school, child care center, day nursery, nursery school, or development center shall have access to full immunization against measles, as determined by the Center for Disease Control, to the extent funds are available. Priority shall be given to children who have not received any type of measles immunization. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  171. 120435.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Department of Health Services Provision of Funds, Immunibiologics, and Access to Immunibiologics [120400 - 120435] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The department must obtain or prepare anti-rabic virus and distribute it free of cost for treating people exposed to rabies, subject to any necessary regulations and a hardship declaration.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Department of Health Services Provision of Funds, Immunibiologics, and Access to Immunibiologics [120400 - 120435] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120435. The department shall purchase or prepare, and distribute free of cost, under any regulations as may be necessary, anti-rabic virus to be used in the treatment of persons exposed to rabies when they declare that it would be a hardship for them to pay for anti-rabic treatment. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  172. 120440.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2.5. Disclosure of Immunization Status [120440- 120440.] ( Heading of Chapter 2.5 renamed from Article 3 (and relocated from Chapter 7 of Division 4) by Stats. 1996, Ch. 1023, Sec. 180. )

    Verify source ↗

    This section sets rules for immunization information systems, including who may operate them, what records must be shared, confidentiality limits, and how patients can refuse sharing.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2.5. Disclosure of Immunization Status [120440- 120440.] ( Heading of Chapter 2.5 renamed from Article 3 (and relocated from Chapter 7 of Division 4) by Stats. 1996, Ch. 1023, Sec. 180. ) ## 120440. (a) For the purposes of this chapter, the following definitions shall apply: (1) “Health care provider” means any person licensed pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code or a clinic or health facility licensed pursuant to Division 2 (commencing with Section 1200). (2) “Schools, childcare facilities, and family childcare homes” means those institutions referred to in subdivision (b) of Section 120335, regardless of whether they directly provide immunizations to patients or clients. (3) “WIC service provider” means any public or private nonprofit agency contracting with the department to provide services under the California Special Supplemental Nutrition Program for Women, Infants, and Children, as provided for in Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106. (4) “Health care plan” means a health care service plan as defined in subdivision (f) of Section 1345, a government-funded program the purpose of which is paying the costs of health care, or an insurer as described in Sections 10123.5 and 10123.55 of the Insurance Code, regardless of whether the plan directly provides immunizations to patients or clients. (5) “County human services agency” means a county welfare agency administering the California Work Opportunity and Responsibility to Kids (CalWORKs) program, pursuant to Chapter 2 (commencing with Section 11200.5) of Part 3 of Division 9 of the Welfare and Institutions Code. (6) “Foster care agency” means any of the county and state social services agencies providing foster care services in California. (7) “Tuberculosis screening” means an approved intradermal tuberculin test or any other test for tuberculosis infection that is recommended by the federal Centers for Disease Control and Prevention and licensed by the federal Food and Drug Administration. (b) (1) Local health officers may operate immunization information systems pursuant to their authority under Section 120175, in conjunction with the Immunization Branch of the State Department of Public Health. Local health officers and the State Department of Public Health may operate these systems in either or both of the following manners: (A) Separately within their individual jurisdictions. (B) Jointly among more than one jurisdiction. (2) This subdivision does not preclude local health officers from sharing the information set forth in paragraphs (1) to (13), inclusive, of subdivision (c) with other health officers jointly operating the system. (c) Notwithstanding Sections 49075 and 49076 of the Education Code, Chapter 5 (commencing with Section 10850) of Part 2 of Division 9 of the Welfare and Institutions Code, or any other law, unless a refusal to permit recordsharing is made pursuant to subdivision (e), health care providers, and other agencies, including, but not limited to, schools, childcare facilities, service providers for the California Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), health care plans, foster care agencies, and county human services agencies, shall disclose the information set forth in paragraphs (1) to (13), inclusive, from the patient’s medical record, or the client’s record, to local health departments operating countywide or regional immunization information and reminder systems and the State Department of Public Health. With respect to the information set forth in paragraph (13), a health care provider is only required to disclose information that is voluntarily provided by the patient or client. A health care provider shall not disclose any information set forth in paragraph (13) relating to any patient or client who is under 18 years of age. Local health departments and the State Department of Public Health may disclose the information set forth in paragraphs (1) to (13), inclusive, to each other and, upon a request for information pertaining to a specific person, to health care providers taking care of the patient and to the Medical Board of California and the Osteopathic Medical Board of California. Local health departments and the State Department of Public Health may disclose the information in paragraphs (1) to (7), inclusive, and paragraphs (9) to (12), inclusive, to schools, childcare facilities, county human services agencies, and family childcare homes to which the person is being admitted or in attendance, foster care agencies in assessing and providing medical care for children in foster care, and WIC service providers providing services to the person, health care plans arranging for immunization services for the patient, and county human services agencies assessing immunization histories of dependents of CalWORKs participants, upon request for information pertaining to a specific person. Determination of benefits based upon immunization of a dependent CalWORKs participant shall be made pursuant to Section 11265.8 of the Welfare and Institutions Code. The following information shall be subject to this subdivision: (1) The name of the patient or client and names of the parents or guardians of the patient or client. (2) Date of birth of the patient or client. (3) Types and dates of immunizations received by the patient or client. (4) Manufacturer and lot number for each immunization received. (5) Adverse reaction to immunizations received. (6) Other nonmedical information necessary to establish the patient’s or client’s unique identity and record. (7) Results of tuberculosis screening. (8) Current address and telephone number of the patient or client and the parents or guardians of the patient or client. (9) Patient’s or client’s gender. (10) Patient’s or client’s place of birth. (11) Patient’s or client’s race and ethnicity. (12) Patient’s or client’s information needed to comply with Chapter 1 (commencing with Section 120325), but excluding Section 120380. (13) An adult patient’s or client’s sexual orientation, gender identity, and variations in sex characteristics/intersex status (SOGISC) and sex assigned at birth. (d) (1) Health care providers, local health departments, and the State Department of Public Health shall maintain the confidentiality of information listed in subdivision (c) in the same manner as other medical record information with patient identification that they possess. These providers, departments, and contracting agencies are subject to civil action and criminal penalties for the wrongful disclosure of the information listed in subdivision (c), in accordance with existing law. They shall use the information listed in subdivision (c) only for the following purposes: (A) To provide immunization services to the patient or client, including issuing reminder notifications to patients or clients or their parents or guardians when immunizations are due. (B) To provide or facilitate provision of third-party payer payments for immunizations. (C) To compile and disseminate statistical information of immunization status on groups of patients or clients or populations in California, without identifying information for these patients or clients included in these groups or populations. (D) In the case of health care providers only, as authorized by Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code. (2) Schools, childcare facilities, family childcare homes, WIC service providers, foster care agencies, county human services agencies, and health care plans shall maintain the confidentiality of information listed in subdivision (c) in the same manner as other client, patient, and pupil information that they possess. These institutions and providers are subject to civil action and criminal penalties for the wrongful disclosure of the information listed in subdivision (c), in accordance with existing law. They shall use the information listed in subdivision (c) only for those purposes provided in subparagraphs (A) to (D), inclusive, of paragraph (1) and as follows: (A) In the case of schools, childcare facilities, family childcare homes, and county human services agencies, to carry out their responsibilities regarding required immunization for attendance or participation benefits, or both, as described in Chapter 1 (commencing with Section 120325), and in Section 11265.8 of the Welfare and Institutions Code. (B) In the case of WIC service providers, to perform immunization status assessments of clients and to refer those clients found to be due or overdue for immunizations to health care providers. (C) In the case of health care plans, to facilitate payments to health care providers, to assess the immunization status of their clients, and to tabulate statistical information on the immunization status of groups of patients, without including patient-identifying information in these tabulations. (D) In the case of foster care agencies, to perform immunization status assessments of foster children and to assist those foster children found to be due or overdue for immunization in obtaining immunizations from health care providers. (e) A patient or a patient’s parent or guardian may refuse to permit recordsharing. The health care provider administering immunization and any other agency possessing any patient or client information listed in subdivision (c), if planning to provide patient or client information to an immunization system, as described in subdivision (b), shall inform the patient or client, or the parent or guardian of the patient or client, of the following: (1) The information listed in subdivision (c) shall be shared with local health departments and the State Department of Public Health, except as prohibited by this section or other applicable law. The health care provider or other agency shall provide the name and address of the State Department of Public Health or of the immunization registry with which the provider or other agency will share the information. (2) Any of the information shared with local health departments and the State Department of Public Health shall be treated as confidential medical information and shall be used only to share with each other, and, upon request, with health care providers, schools, childcare facilities, family childcare homes, WIC service providers, county human services agencies, foster care agencies, and health care plans. These providers, agencies, and institutions shall, in turn, treat the shared information as confidential, and shall use it only as described in subdivision (d). (3) The patient or client, or parent or guardian of the patient or client, has the right to examine any immunization-related information or tuberculosis screening results shared pursuant to this section and to correct any errors in it. (4) The patient or client, or the parent or guardian of the patient or client, may refuse to allow this information to be shared pursuant to this section or to receive immunization reminder notifications at any time, or both. After refusal, the patient’s or client’s physician may maintain access to this information for the purposes of patient care or protecting the public health. After refusal, the local health department and the State Department of Public Health may maintain access to this information for the purpose of protecting the public health pursuant to Sections 100325, 120140, and 120175, as well as Sections 2500 to 2643.20, inclusive, of Title 17 of the California Code of Regulations. (f) (1) The health care provider administering the immunization or tuberculosis screening and any other agency possessing any patient or client information listed in subdivision (c), may inform the patient or client, or the parent or guardian of the patient or client, by ordinary mail, of the information in paragraphs (1) to (4), inclusive, of subdivision (e). The mailing shall include a reasonable means for refusal, such as a return form or contact telephone number. (2) The information in paragraphs (1) to (4), inclusive, of subdivision (e) may also be presented to the parent or guardian of the patient or client during any hospitalization of the patient or client. (g) If the patient or client, or parent or guardian of the patient or client, refuses to allow the information to be shared, pursuant to paragraph (4) of subdivision (e), the health care provider or other agency may not share this information in the manner described in subdivision (c), except as provided in subparagraph (D) of paragraph (1) of subdivision (d). (h) (1) Upon request of the patient or client, or the parent or guardian of the patient or client, in writing or by other means acceptable to the recipient, a local health department or the State Department of Public Health that has received information about a person pursuant to subdivision (c) shall do all of the following: (A) Provide the name and address of other persons or agencies with whom the recipient has shared the information. (B) Stop sharing the information in its possession after the date of the receipt of the request. (2) After refusal, the patient’s or client’s physician may maintain access to this information for the purposes of patient care or protecting the public health. After refusal, the local health department and the State Department of Public Health may maintain access to this information for the purpose of protecting the public health pursuant to Sections 100325, 120140, and 120175, as well as Sections 2500 to 2643.20, inclusive, of Title 17 of the California Code of Regulations. (i) Upon notification, in writing or by other means acceptable to the recipient, of an error in the information, a local health department or the State Department of Public Health that has information about a person pursuant to subdivision (c) shall correct the error. If the recipient is aware of a disagreement about whether an error exists, information to that effect may be included. (j) (1) Any party authorized to make medical decisions for a patient or client, including, but not limited to, those authorized by Section 6922, 6926, or 6927 of, Part 1.5 (commencing with Section 6550), Chapter 2 (commencing with Section 6910) of Part 4, or Chapter 1 (commencing with Section 7000) of Part 6, of Division 11 of, the Family Code, Section 1530.6 of the Health and Safety Code, or Sections 727 and 1755.3 of, and Article 6 (commencing with Section 300) of Chapter 2 of Part 1 of Division 2 of, the Welfare and Institutions Code, may permit sharing of the patient’s or client’s record with any of the immunization information systems authorized by this section. (2) For a patient or client who is a dependent of a juvenile court, the court or a person or agency designated by the court may permit this recordsharing. (3) For a patient or client receiving foster care, a person or persons licensed to provide residential foster care, or having legal custody, may permit this recordsharing. (k) For purposes of supporting immunization information systems, the State Department of Public Health shall assist the Immunization Branch of the State Department of Public Health in both of the following: (1) Providing department records containing information about publicly funded immunizations. (2) Supporting efforts for the reporting of publicly funded immunizations into immunization information systems by health care providers and health care plans. (l) Subject to any other provisions of state and federal law or regulation that limit the disclosure of health information and protect the privacy and confidentiality of personal information, local health departments and the State Department of Public Health may share the information listed in paragraphs (1) to (12), inclusive, of subdivision (c) with a state, local health departments, health care providers, immunization information systems, or any representative of an entity designated by federal or state law or regulation to receive this information. Information in paragraph (13) of subdivision (c) shall not be shared beyond the parties specified for sharing in subdivision (c). The State Department of Public Health may enter into written agreements to exchange confidential immunization information with other states for the purposes of patient care, protecting the public health, entrance into school, childcare and other institutions requiring immunization prior to entry, and the other purposes described in subdivision (d). The written agreement shall provide that the state that receives confidential immunization information must maintain its confidentiality and may only use it for purposes of patient care, protecting the public health, entrance into school, childcare and other institutions requiring immunization prior to entry, and the other purposes described in subdivision (d). Information shall not be shared pursuant to this subdivision if a patient or client, or parent or guardian of a patient or client, refuses to allow the sharing of immunization information pursuant to subdivision (e). (m) This section shall become operative on January 1, 2026. (Amended (as added by Stats. 2022, Ch. 582, Sec. 2) by Stats. 2024, Ch. 868, Sec. 3. (SB 957) Effective January 1, 2025. Operative January 1, 2026, by its own provisions.)
  173. 120475.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Reports [120475- 120475.] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The department must submit a biennial report to the Legislature by March 15.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Reports [120475- 120475.] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120475. On or before March 15 on a biennial basis, the department shall submit a report to the Legislature on all of the following issues: (a) The immunization status of young children in the state, based on available data. (b) The steps taken to strengthen immunization efforts. (c) The steps taken to improve immunization levels among currently underserved minority children, young children in family day care and other child care settings, and children with no health insurance coverage. (d) The improvements made in ongoing methods of immunization outreach and education in communities where immunization levels are disproportionately low. (e) Its recommendations for a comprehensive strategy for fully immunizing all California children and its analysis of the funding necessary to implement the strategy. (Amended by Stats. 2022, Ch. 47, Sec. 13. (SB 184) Effective June 30, 2022.)
  174. 120480.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Vaccine Development [120480- 120480.] ( Chapter 5 added by Stats. 1998, Ch. 709, Sec. 3. )

    Verify source ↗

    This section directs state vaccine-research funding to continue and expand the Valley Fever Vaccine Project, and sets contract and reporting duties for the department and contractor.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 2. IMMUNIZATIONS [120325 - 120480] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Vaccine Development [120480- 120480.] ( Chapter 5 added by Stats. 1998, Ch. 709, Sec. 3. ) ## 120480. (a) Funds appropriated in the Budget Act of 1998, and any other appropriations, to the State Department of Health Services for the purpose of valley fever (coccidioidomycosis) vaccine research shall be used to continue and expand the current research effort being conducted by the Valley Fever Vaccine Project. (b) The department shall augment and amend the existing contract to support research into the development of a vaccine to protect against valley fever. The department may contract on a sole source basis with a nonprofit organization that has provided funding for vaccine research on valley fever. The contract shall require the organization to distribute research grants to support research efforts that are likely to advance the effort to develop a vaccine. This contract shall not be subject to review by the Department of General Services. (c) The contractor shall establish an advisory group consisting of persons with relevant expertise in the fields of mycology and vaccine development and a representative from the department. The advisory group shall approve grants for those whose research is likely to advance the effort to develop a safe and effective vaccine. The contractor shall seek advice from the appropriate agencies in the National Institutes of Health and other federal agencies with experience in supporting vaccine research when reviewing the research of those receiving funds under this section. Funding awards shall be made so as to complement financial support provided by the federal government. (d) The contractor shall provide the department with periodic status reports on the progress of the researchers receiving funds pursuant to this section. The department shall review progress reports from the contractor describing the research progress and plans for future funding. (e) The contract shall require that funding is provided on the condition that, if a valley fever vaccine is developed and successfully marketed, the state shall be reimbursed for the cost of grants made under this section in proportion to the state’s contribution to the research and development effort. (Amended by Stats. 2001, Ch. 751, Sec. 1.5. Effective January 1, 2002.)
  175. 1205.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 1. Definitions and General Provisions [1200 - 1210] ( Article 1 added by Stats. 1978, Ch. 1147. )

    Verify source ↗

    You may not run or manage a clinic in this state without a license, and you may not provide a special service without a special permit, subject to Section 1206.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 1. Definitions and General Provisions [1200 - 1210] ( Article 1 added by Stats. 1978, Ch. 1147. ) ## 1205. Except as provided in Section 1206, no person, firm, partnership, association, corporation, or public agency shall operate, establish, manage, conduct or maintain a clinic in this state without first obtaining a license therefor as provided in this chapter; nor shall any such person, firm, partnership, association, corporation, or public agency provide any special service without obtaining a special permit therefor. However, any licensed clinic offering any service which is later designated by regulation of the state department as a special service shall be allowed to continue offering such service until the state department evaluates the quality of such service and issues a special permit therefor or notifies the licensee that it is not eligible for a special permit and must cease and desist from offering such service. (Repealed and added by Stats. 1978, Ch. 1147.)
  176. 1205.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 1. Definitions and General Provisions [1200 - 1210] ( Article 1 added by Stats. 1978, Ch. 1147. )

    Verify source ↗

    Certain verified clinics do not have to get a certificate of need to obtain licensure for specified clinic types, and some surgical clinics also do not have to operate on an open-staff basis.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 1. Definitions and General Provisions [1200 - 1210] ( Article 1 added by Stats. 1978, Ch. 1147. ) ## 1205.5. A clinic that has been verified by the Licensing and Certification Division of the State Department of Health Services and the Office of Statewide Health Planning and Development as having (1) provided chronic dialysis and (2) been licensed as an outpatient clinic, before September 26, 1978, shall not be required to have a certificate of need pursuant to Chapter 1 (commencing with Section 127125) of Part 2 of Division 107 in order to obtain licensure as a chronic dialysis clinic. A clinic that has been verified by the Licensing and Certification Division of the State Department of Health Services and the Office of Statewide Health Planning and Development as having (1) provided surgical services, (2) been licensed as an outpatient clinic and (3) been eligible to receive Medi-Cal reimbursement as an outpatient clinic in connection with the surgical services, before September 26, 1978, shall not be required to have a certificate of need pursuant to Chapter 1 (commencing with Section 127125) of Part 2 of Division 107 in order to obtain licensure as a surgical clinic. Nothing in this section shall, however, be construed to exempt a clinic subject to this section from the requirement for a certificate of need with respect to projects specified in subdivision (c), (d), or (e) of Section 127170, or with respect to changes of licensure category occurring subsequent to initial licensure as a specialty clinic pursuant to this section. A clinic that has been verified by the Licensing and Certification Division of the State Department of Health Services and the Office of Statewide Health Planning and Development as having (1) provided surgical services, (2) been licensed as an outpatient clinic and (3) been eligible to receive Medi-Cal reimbursement as an outpatient clinic in connection with the surgical services, before September 26, 1978, and that meets the requirements for licensure as a surgical clinic, need not operate on an open-staff basis in order to be licensed as a surgical clinic. A clinic that has been verified by the Licensing and Certification Division of the State Department of Health Services and the Office of Statewide Health Planning and Development as having (1) provided rehabilitation service and (2) been licensed as an outpatient clinic, a community clinic, or free clinic, before September 26, 1978, shall not be required to have a certificate of need pursuant to Chapter 1 (commencing with Section 127125) of Part 2 of Division 107 in order to obtain licensure as a rehabilitation clinic. (Amended by Stats. 1996, Ch. 1023, Sec. 149. Effective September 29, 1996.)
  177. 120500.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Prevention and Control [120500 - 120605] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section defines “venereal diseases” for the Act.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Prevention and Control [120500 - 120605] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120500. As used in the Communicable Disease Prevention and Control Act (Section 27) “venereal diseases” means syphilis, gonorrhea, chancroid, lymphopathia venereum, granuloma inguinale, and chlamydia. (Amended by Stats. 2000, Ch. 835, Sec. 4. Effective January 1, 2001.)
  178. 120505.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Prevention and Control [120500 - 120605] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The department must develop and review plans, provide leadership and consultation, and participate in a program to prevent and control venereal disease.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Prevention and Control [120500 - 120605] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120505. The department shall develop and review plans and provide leadership and consultation for, and participate in, a program for the prevention and control of venereal disease. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  179. 120510.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Prevention and Control [120500 - 120605] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The department must cooperate with listed public and private health and education-related entities to prevent, control, and cure venereal diseases.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Prevention and Control [120500 - 120605] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120510. The department shall cooperate in the prevention, control, and cure of venereal diseases with physicians and surgeons; medical schools; public and private hospitals, dispensaries, and clinics; public and private school, college and university authorities; penal and charitable institutions; reform and industrial schools; detention homes; federal, state, local and district health officers, and boards of health, and all other health authorities; institutions caring for the mentally ill; and with any other persons, institutions, or agencies. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  180. 120511.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Prevention and Control [120500 - 120605] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The department must allocate STI prevention funds to local health jurisdictions under specified priorities and spending rules, and local jurisdictions must use and account for the money in specified ways.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Prevention and Control [120500 - 120605] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120511. (a) The department shall allocate funds to local health jurisdictions for sexually transmitted disease prevention and control activities in accordance, to the extent possible, with the following: (1) Local health jurisdictions shall be prioritized based on population and incidence of sexually transmitted diseases. (2) Funds shall be allocated to prioritized local health jurisdictions in a manner that balances the need to spread funding to as many local health jurisdictions, community-based organizations, and nonprofit health care providers as possible and the need to provide meaningful activities to each recipient. No less than 50 percent of the funds allocated to local health jurisdictions shall be provided to, or used to support activities in partnership with, community-based organizations or nonprofit health care providers, provided that there are community-based organizations or nonprofit health care providers in the jurisdiction that can conduct the activities and provide these services consistent with this section. (3) Each local health jurisdiction shall demonstrate to the department that the community-based organization or nonprofit health care provider that receives funding under this section has done all of the following: (A) Identified priority target populations. (B) Satisfactorily described its outreach protocols. (C) Included community resources for prevention and control activities. (D) Engaged representatives from impacted communities in the development of outreach activities. (4) Local health jurisdiction shall use these funds to facilitate expanded access to sexually transmitted infection (STI) clinical services, including, but not limited to, LBGTQ+ populations, including those who face confidentiality barriers in using their health coverage to receive STI testing, treatment, and related care. (5) The department shall develop measures for each local health jurisdiction funded pursuant to this section to demonstrate accountability. (b) In awarding funds pursuant to subdivision (a), the department shall authorize local health jurisdictions to include innovative and impactful prevention and control activities, including, but not limited to, the following: (1) Voluntary screening for sexually transmitted diseases among inmates and wards of county adult and juvenile correctional facilities. The department may provide assistance or guidance to the local health jurisdiction if necessary to secure participation by other county agencies. (2) Technology, telehealth, and digital platforms and applications to enhance immediate access to screening, testing, and treatment, as well as partner activities in order to speed activities and to reduce administrative costs. (3) State-of-the-art testing modalities that ensure swift and accurate screening for, and diagnosis of, sexually transmitted diseases. (4) Community-based testing and disease investigation. (5) Integrated services for STIs, viral hepatitis, human immunodeficiency virus (HIV) infection, and drug overdose, to the extent they improve health outcomes for people living with, or at risk for, STIs. (6) Material support, including, but not limited to, sleeping bags, tarps, shelter, clothing items, and hygiene kits, to people living with, or at risk for, STIs for purposes consistent with this section. (c) The department may use funds to support capacity building assistance for purposes consistent with this section, including integrated services for STIs, viral hepatitis, HIV, and drug overdose, to the extent they improve health outcomes for people living with, or at risk for, STIs. (d) The department shall monitor activities in funded local health jurisdictions, based on the accountability measures required under paragraph(5) of subdivision (a), in order to assess the effectiveness of prevention and control activities efforts. (e) It is the intent of the Legislature that the activities identified in this section are to enhance the activities that are already provided. Therefore, nothing in this section shall be construed to require the department to replace existing activities with the activities provided for in subdivision (a) or to prevent the department from adding new activities as may be appropriate. (f) This section shall be operative only if funds are explicitly appropriated in the annual Budget Act specifically for purposes of this section. (Amended by Stats. 2022, Ch. 47, Sec. 14. (SB 184) Effective June 30, 2022. Section conditionally operative by its own provisions.)
  181. 120515.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Prevention and Control [120500 - 120605] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The department must investigate conditions affecting the prevention and control of venereal diseases and approved prevention procedures, and must disseminate related educational information.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Prevention and Control [120500 - 120605] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120515. The department shall investigate conditions affecting the prevention and control of venereal diseases and approved procedures for prevention and control, and shall disseminate educational information relative thereto. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  182. 120520.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Prevention and Control [120500 - 120605] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The department must do educational and publicity work, and it must from time to time issue free copies of regulations, pamphlets, and other literature it considers reasonably necessary.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Prevention and Control [120500 - 120605] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120520. The department shall conduct educational and publicity work as it may deem necessary; and, from time to time, shall cause to be issued, free of charge, copies of regulations, pamphlets, and other literature as it deems reasonably necessary. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  183. 120525.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Prevention and Control [120500 - 120605] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The department may provide medical, advisory, financial, or other assistance to organizations funded under Section 120511.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Prevention and Control [120500 - 120605] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120525. The department may provide medical, advisory, financial, or other assistance to organizations funded pursuant to Section 120511. (Repealed and added by Stats. 2019, Ch. 38, Sec. 21. (SB 78) Effective June 27, 2019.)
  184. 120530.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Prevention and Control [120500 - 120605] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The department may provide treatment in rural counties or cities when the local health officer recommends it and there are no adequate treatment facilities in the county or city.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Prevention and Control [120500 - 120605] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120530. The department may furnish treatment for a case or for a group of cases in rural counties or cities upon the recommendation of the local health officer if adequate facilities for the treatment are not available in the county or city. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  185. 120535.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Prevention and Control [120500 - 120605] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    State agencies running public hospitals must admit acute venereal disease cases when the department or local health officer with jurisdiction believes infected persons may threaten public health.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Prevention and Control [120500 - 120605] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120535. Any state agency conducting a public hospital shall admit acute venereal disease cases, when, in the opinion of the department or the local health officer having jurisdiction, persons infected with venereal disease may be a menace to public health. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  186. 120540.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Prevention and Control [120500 - 120605] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The department may require certain physicians to submit designated specimens for examination when it считает the procedure reasonably necessary for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Prevention and Control [120500 - 120605] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120540. The department may require any physician in attendance on a person infected or suspected of being infected with a venereal disease infection to submit specimens as may be designated for examination, when in its opinion the procedure is reasonably necessary to carry out the provisions and purposes of this chapter. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  187. 120545.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Prevention and Control [120500 - 120605] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The examination may be performed in specified laboratories.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Prevention and Control [120500 - 120605] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120545. The examination may be made in the state laboratory or in a local public health laboratory designated by the department or in a clinical laboratory that is under the immediate supervision and direction of a clinical laboratory technologist or a licensed physician and surgeon. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  188. 120550.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Prevention and Control [120500 - 120605] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section says the chapter does not restrict anyone from getting additional examinations elsewhere.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Prevention and Control [120500 - 120605] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120550. Nothing in this chapter limits any person’s freedom to have additional examinations made elsewhere than specified in this chapter. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  189. 120555.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Prevention and Control [120500 - 120605] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Every diseased person must give the information required by this chapter, including names and addresses related to possible contraction and transmission.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Prevention and Control [120500 - 120605] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120555. Every diseased person shall give all information required by this chapter, including the name and address of any person from whom the disease may have been contracted and to whom the disease may have been transmitted. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  190. 120560.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Prevention and Control [120500 - 120605] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Every diseased person must submit to approved examinations from time to time to determine the condition of the disease.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Prevention and Control [120500 - 120605] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120560. Every diseased person shall from time to time submit to approved examinations to determine the condition of the disease. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  191. 120565.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Prevention and Control [120500 - 120605] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    If a person stops a required venereal disease control procedure, the administering agency must make reasonable efforts to check whether the person is complying elsewhere.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Prevention and Control [120500 - 120605] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120565. If any person subject to proper venereal disease control measures discontinues any control procedure required by this chapter, the agency administering the procedure prior to the discontinuance shall make reasonable efforts to determine whether the person is continuing to comply with the procedure elsewhere. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  192. 120570.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Prevention and Control [120500 - 120605] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    If a person likely is not complying with a procedure elsewhere, the administering agency must try to get them to comply and then report their name and address if noncompliance still appears likely.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Prevention and Control [120500 - 120605] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120570. If it appears reasonably likely that the person is not complying with the procedure elsewhere, the agency that was administering the procedure prior to the discontinuance shall make all reasonable efforts to induce the person to comply; and if it thereafter appears reasonably likely that he or she has failed to comply, shall report his or her name and address to the local health officer or board of health, or to the department where there is no local health officer or board. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  193. 120575.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Prevention and Control [120500 - 120605] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Local health officers must use every available means to find infectious venereal disease cases, investigate poorly controlled or probably poorly controlled cases, identify sources of infection, and take reasonably necessary steps to prevent transmission.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Prevention and Control [120500 - 120605] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120575. It is the duty of the local health officers to use every available means to ascertain the existence of cases of infectious venereal diseases within their respective jurisdictions, to investigate all cases that are not, or probably are not, subject to proper control measures approved by the board, to ascertain so far as possible all sources of infection, and to take all measures reasonably necessary to prevent the transmission of infection. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  194. 120580.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Prevention and Control [120500 - 120605] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    A public health department employee may perform blood-drawing punctures only with specific physician authorization and required training; after the relevant regulations take effect, the person must also hold valid current certification.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Prevention and Control [120500 - 120605] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120580. Notwithstanding any other provision of law, a person employed by a public health department may perform venipuncture or skin puncture for the purpose of withdrawing blood for test purposes, upon specific authorization from a licensed physician and surgeon, even though he or she is not otherwise licensed to withdraw blood; provided that the person meets all of the following requirements: (1) He or she works under the direction of a licensed physician and surgeon. (2) He or she has been trained by a licensed physician and surgeon or by a licensed clinical laboratory scientist or bioanalyst in the proper procedures to be employed when withdrawing blood, in accordance with training requirements established by the department, and has a statement signed by the instructing physician and surgeon that the training has been successfully completed. (b) Any person employed by a public health department to perform venipuncture or skin puncture shall hold a valid and current certification after the effective date of the regulations adopted pursuant to Section 1246 of the Business and Professions Code. (Amended by Stats. 1999, Ch. 695, Sec. 5. Effective January 1, 2000.)
  195. 120582.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Prevention and Control [120500 - 120605] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Certain health care providers may give expedited partner therapy (EPT) prescription antibiotics to a patient’s sexual partner or partners without examining them, and the prescription must say “expedited partner therapy” or “EPT” if the partner’s name is unknown.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Prevention and Control [120500 - 120605] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120582. (a) Notwithstanding any other law, a physician and surgeon who diagnoses a sexually transmitted chlamydia, gonorrhea, or other sexually transmitted infection, as determined by the department, or recommended in the most recent federal Centers for Disease Control and Prevention guidelines for the prevention or treatment of sexually transmitted diseases, in an individual patient may prescribe, dispense, furnish, or otherwise provide, including in a standing order, prescription antibiotic drugs to that patient’s sexual partner or partners without examination of that patient’s partner or partners. This practice shall be known as expedited partner therapy (EPT). The department may adopt regulations to implement this section. (b) Notwithstanding any other law, a nurse practitioner pursuant to Section 2836.1 of the Business and Professions Code, a certified nurse-midwife pursuant to Section 2746.51 of the Business and Professions Code, and a physician assistant pursuant to Section 3502.1 of the Business and Professions Code may include EPT in their practice by dispensing, furnishing, or otherwise providing, including through a standing order, prescription antibiotic drugs to the sexual partner or partners of a patient with a diagnosed sexually transmitted chlamydia, gonorrhea, or other sexually transmitted infection, as determined by the department, or recommended in the most recent federal Centers for Disease Control and Prevention guidelines for the prevention or treatment of sexually transmitted diseases, without examination of the patient’s sexual partner or partners. (c) If a health care provider does not have the name of a patient’s sexual partner for a drug prescribed pursuant to subdivision (a) or (b), the prescription shall include the words “expedited partner therapy” or the letters “EPT.” (d) A health care provider shall not be liable in a medical malpractice action or professional disciplinary action if the health care provider’s use of EPT is in compliance with this section, except in cases of intentional misconduct, gross negligence, or wanton or reckless activity. (e) Medi-Cal coverage of expedited partner therapy pursuant to this section shall be implemented only to the extent that the State Department of Health Care Services obtains any necessary federal approvals and federal financial participation is available and not jeopardized. (Amended by Stats. 2021, Ch. 486, Sec. 4. (SB 306) Effective January 1, 2022.)
  196. 120585.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Prevention and Control [120500 - 120605] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Local health officers may inspect and quarantine any place or person when needed to enforce board or department regulations.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Prevention and Control [120500 - 120605] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120585. Local health officers may inspect and quarantine any place or person when the procedure is necessary to enforce the regulations of the board or the department. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  197. 120590.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Prevention and Control [120500 - 120605] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The county district attorney must prosecute a person accused of violating this chapter in the county where the violation may occur.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Prevention and Control [120500 - 120605] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120590. It is the duty of the district attorney of the county where a violation of this chapter may occur to prosecute the person accused of the violation. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  198. 120595.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Prevention and Control [120500 - 120605] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    In specified prosecutions, quarantine proceedings, and related legality challenges, certain people may be required to testify, and listed Evidence Code privileges do not apply.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Prevention and Control [120500 - 120605] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120595. In any prosecution for a violation of any provision of this chapter, or any rule or regulation of the board made pursuant to this chapter, or in any quarantine proceeding authorized by this chapter, or in any habeas corpus or other proceeding in which the legality of the quarantine is questioned, any physician, health officer, spouse, or other person shall be competent and may be required to testify against any person against whom the prosecution or other proceeding was instituted, and the privileges provided by Sections 970, 971, 980, 994, and 1014 of the Evidence Code are not applicable to or in any such prosecution or proceeding. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  199. 1206.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 1. Definitions and General Provisions [1200 - 1210] ( Article 1 added by Stats. 1978, Ch. 1147. )

    Verify source ↗

    This section says the chapter does not apply to many listed clinics and facilities, including certain practitioner-run offices, government-run clinics, tribal clinics, hospital outpatient departments, licensed facilities, some research and student clinics, and certain PACE and Olympic-related clinics.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 1. Definitions and General Provisions [1200 - 1210] ( Article 1 added by Stats. 1978, Ch. 1147. ) ## 1206. This chapter does not apply to the following: (a) Except with respect to the option provided with regard to surgical clinics in paragraph (1) of subdivision (b) of Section 1204 and, further, with respect to specialty clinics specified in paragraph (2) of subdivision (b) of Section 1204, any place or establishment owned or leased and operated as a clinic or office by one or more licensed health care practitioners and used as an office for the practice of their profession, within the scope of their license, regardless of the name used publicly to identify the place or establishment. (b) Any clinic directly conducted, maintained, or operated by the United States or by any of its departments, officers, or agencies, and any primary care clinic specified in subdivision (a) of Section 1204 that is directly conducted, maintained, or operated by this state or by any of its political subdivisions or districts, or by any city. This subdivision does not preclude the department from adopting regulations that utilize clinic licensing standards as eligibility criteria for participation in programs funded wholly or partially under Title XVIII or XIX of the federal Social Security Act. (c) (1) Any clinic conducted, maintained, or operated by a federally recognized Indian tribe or tribal organization, as defined in Section 1603 or 5304 of Title 25 of the United States Code, that is located on land recognized as tribal land by the federal government. (2) Any clinic conducted, maintained, or operated by a federally recognized Indian tribe or tribal organization, as defined in Section 1603 or 5304 of Title 25 of the United States Code, under a contract with the United States pursuant to the Indian Self-Determination and Education Assistance Act (Public Law 93-638), regardless of the location of the clinic, except that if the clinic chooses to apply to the State Department of Public Health for a state facility license, then the State Department of Public Health will retain authority to regulate that clinic as a primary care clinic as defined by subdivision (a) of Section 1204. (d) A clinic conducted, operated, or maintained as outpatient departments of hospitals. (e) Any facility licensed as a health facility under Chapter 2 (commencing with Section 1250). (f) Any freestanding clinical or pathological laboratory licensed under Chapter 3 (commencing with Section 1200) of Division 2 of the Business and Professions Code. (g) A clinic operated by, or affiliated with, any institution of learning that teaches a recognized healing art and is approved by the state board or commission vested with responsibility for regulation of the practice of that healing art. (h) A clinic that is operated by a primary care community or free clinic and that is operated on separate premises from the licensed clinic and is only open for limited services of no more than 40 hours a week. An intermittent clinic as described in this subdivision shall, however, meet all other requirements of law, including administrative regulations and requirements, pertaining to fire and life safety. (i) The offices of physicians in group practice who provide a preponderance of their services to members of a comprehensive group practice prepayment health care service plan subject to Chapter 2.2 (commencing with Section 1340). (j) Student health centers operated by public institutions of higher education. (k) Nonprofit speech and hearing centers, as defined in Section 1201.5. Any nonprofit speech and hearing clinic desiring an exemption under this subdivision shall make application therefor to the director, who shall grant the exemption to any facility meeting the criteria of Section 1201.5. Notwithstanding the licensure exemption contained in this subdivision, a nonprofit speech and hearing center shall be an organized outpatient clinic for purposes of qualifying for reimbursement as a rehabilitation center under the Medi-Cal Act (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code). (l) A clinic operated by a nonprofit corporation exempt from federal income taxation under paragraph (3) of subsection (c) of Section 501 of the Internal Revenue Code of 1954, as amended, or a statutory successor thereof, that conducts medical research and health education and provides health care to its patients through a group of 40 or more physicians and surgeons, who are independent contractors representing not less than 10 board-certified specialties, and not less than two-thirds of whom practice on a full-time basis at the clinic. (m) Any clinic, limited to in vivo diagnostic services by magnetic resonance imaging functions or radiological services under the direct and immediate supervision of a physician and surgeon who is licensed to practice in California. This shall not be construed to permit cardiac catheterization or any treatment modality in these clinics. (n) A clinic operated by an employer or jointly by two or more employers for their employees only, or by a group of employees, or jointly by employees and employers, without profit to the operators thereof or to any other person, for the prevention and treatment of accidental injuries to, and the care of the health of, the employees comprising the group. (o) A community mental health center, as defined in Section 5667 of the Welfare and Institutions Code. (p) (1) A clinic operated by a nonprofit corporation exempt from federal income taxation under paragraph (3) of subsection (c) of Section 501 of the Internal Revenue Code of 1954, as amended, or a statutory successor thereof, as an entity organized and operated exclusively for scientific and charitable purposes and that satisfied all of the following requirements on or before January 1, 2005: (A) Commenced conducting medical research on or before January 1, 1982, and continues to conduct medical research. (B) Conducted research in, among other areas, prostatic cancer, cardiovascular disease, electronic neural prosthetic devices, biological effects and medical uses of lasers, and human magnetic resonance imaging and spectroscopy. (C) Sponsored publication of at least 200 medical research articles in peer-reviewed publications. (D) Received grants and contracts from the National Institutes of Health. (E) Held and licensed patents on medical technology. (F) Received charitable contributions and bequests totaling at least five million dollars ($5,000,000). (G) Provides health care services to patients only: (i) In conjunction with research being conducted on procedures or applications not approved or only partially approved for payment (I) under the Medicare program pursuant to Section 1359y(a)(1)(A) of Title 42 of the United States Code, or (II) by a health care service plan registered under Chapter 2.2 (commencing with Section 1340), or a disability insurer regulated under Chapter 1 (commencing with Section 10110) of Part 2 of Division 2 of the Insurance Code; provided that services may be provided by the clinic for an additional period of up to three years following the approvals, but only to the extent necessary to maintain clinical expertise in the procedure or application for purposes of actively providing training in the procedure or application for physicians and surgeons unrelated to the clinic. (ii) Through physicians and surgeons who, in the aggregate, devote no more than 30 percent of their professional time for the entity operating the clinic, on an annual basis, to direct patient care activities for which charges for professional services are paid. (H) Makes available to the public the general results of its research activities on at least an annual basis, subject to good faith protection of proprietary rights in its intellectual property. (I) Is a freestanding clinic, whose operations under this subdivision are not conducted in conjunction with any affiliated or associated health clinic or facility defined under this division, except a clinic exempt from licensure under subdivision (m). For purposes of this subparagraph, a freestanding clinic is defined as “affiliated” only if it directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, a clinic or health facility defined under this division, except a clinic exempt from licensure under subdivision (m). For purposes of this subparagraph, a freestanding clinic is defined as “associated” only if more than 20 percent of the directors or trustees of the clinic are also the directors or trustees of any individual clinic or health facility defined under this division, except a clinic exempt from licensure under subdivision (m). Any activity by a clinic under this subdivision in connection with an affiliated or associated entity shall fully comply with the requirements of this subdivision. This subparagraph does not apply to agreements between a clinic and any entity for purposes of coordinating medical research. (2) By January 1, 2007, and every five years thereafter, the Legislature shall receive a report from each clinic meeting the criteria of this subdivision and any other interested party concerning the operation of the clinic’s activities. The report shall include, but not be limited to, an evaluation of how the clinic impacted competition in the relevant health care market, and a detailed description of the clinic’s research results and the level of acceptance by the payer community of the procedures performed at the clinic. The report shall also include a description of procedures performed both in clinics governed by this subdivision and those performed in other settings. The cost of preparing the reports shall be borne by the clinics that are required to submit them to the Legislature pursuant to this paragraph. (q) A primary care clinic operated as part of a Program of All-Inclusive Care for the Elderly (PACE) organization, as defined in Section 460.6 of Title 42 of the Code of Federal Regulations and approved by the State Department of Health Care Services pursuant to Section 14592 of the Welfare and Institutions Code, that exclusively serves PACE participants, as defined in Section 460.6 of Title 42 of the Code of Federal Regulations. (1) A primary care clinic approved by the State Department of Health Care Services pursuant to Section 14592 of the Welfare and Institutions Code to operate exclusively as part of a PACE organization may provide services to individuals who are being assessed for eligibility to enroll in the PACE program for not more than 60 calendar days after an individual submits an application for enrollment. (2) If the State Department of Health Care Services determines that a primary care clinic approved to operate exclusively as part of a PACE organization has provided services to individuals other than those enrolled in the PACE program, or who are being assessed for eligibility pursuant to paragraph (1), the clinic shall apply for licensure with the State Department of Public Health. A clinic required to obtain licensure from the State Department of Public Health pursuant to this paragraph shall apply for the license not later than 60 calendar days following the determination by the State Department of Health Care Services described in this paragraph. The clinic shall not accept any new participants in the PACE program until licensure is obtained. (3) This subdivision shall become operative only if the Director of Health Care Services determines, and communicates that determination in writing to the State Department of Public Health, that operating standards compliance programs consistent with subdivisions (d) and (e) of Section 14592 of the Welfare and Institutions Code have been established. A primary care clinic described in subdivision (c) of Section 14592 of the Welfare and Institutions Code shall remain under the oversight and regulatory authority of the State Department of Public Health until the Director of Health Care Services communicates their written determination to the State Department of Public Health. (r) (1) A clinic, including any location thereof, operated by a nonprofit corporation exempt from federal income taxation under paragraph (3) of subsection (c) of Section 501 of the Internal Revenue Code of 1954, as amended, or a statutory successor thereof, as an entity organized and operated exclusively to provide health care services and health education services within the Los Angeles County Service Planning Area 6, is located in a Clinic Service Area, as defined in paragraph (3), and satisfies all of the following requirements: (A) Provides health care services and health education services solely within a Clinic Service Area, as defined in paragraph (3). (B) Provides health care services to patients through an independent agreement with a multispecialty medical group of 26 or more physicians and surgeons who represent not less than 10 board-certified specialties, and not less than two-thirds of whom practice on a full-time basis at the clinic by July 1, 2021. (C) Serves substantial beneficiaries of a “federal health care program,” as that term is defined in subsection (f) of Section 1320a-7b of Title 42 of the United States Code and indigent and uninsured individuals pursuant to an authorized and adopted charity care policy. (D) Participates in a graduate medical education program that is administered by the Martin Luther King, Jr. Community Hospital, as described in Section 14165.50 of the Welfare and Institutions Code, in furtherance of its charitable mission to reduce health care disparities in a Clinic Service Area, as defined in paragraph (3), through the training and retention of physicians and surgeons by 2022. (2) (A) By July 1, 2022, and every five years thereafter, a clinic that is exempt from licensing provisions pursuant to this subdivision shall provide the Legislature with a report that includes all of the following: (i) A copy of the current Community Health Needs Assessment, developed by the Martin Luther King, Jr. Community Hospital. (ii) A community needs assessment for physicians and surgeons, including an analysis of the clinic’s role in physician and surgeon recruitment and retention, and meeting the community needs for a physician and surgeon workforce. (iii) A copy of the Martin Luther King, Jr. Community Hospital’s most recent Internal Revenue Service Form 990, Schedule H, including a description of the federally-funded payer mix, and identification of the clinic as a component of the Martin Luther King, Jr. Community Hospital’s community benefit activities. (iv) The clinic’s role in the hospital-sponsored graduate medical education program. (v) An analysis of how the clinic impacted physicians and surgeons practicing or providing services in the Clinic Service Area prior to January 1, 2020. (B) A report to be submitted pursuant to subparagraph (A) of paragraph (2) shall be submitted in compliance with Section 9795 of the Government Code. (3) For purposes of this subdivision, “Clinic Service Area” means the geographic area within any ZIP Code that is located within six miles of the physical location of the Martin Luther King, Jr. Community Hospital, as described in Section 14165.50 of the Welfare and Institutions Code. (s) (1) From May 15, 2028, to September 15, 2028, inclusive, a clinic that meets all of the following requirements: (A) Approved by the Los Angeles Organizing Committee for the 2028 Olympic and Paralympic Games. (B) Is either of the following: (i) Conducted, operated, or maintained by a California licensed health care practitioner acting within the scope of their license. (ii) Operated by or affiliated with a health facility, as defined in subdivision (a) or (b) of Section 1250. (C) Provides health care services at either of the following: (i) A competition, noncompetition, athlete village, training, or support site designated by the committee. (ii) An event in this state sanctioned by the committee. (2) This subdivision exempts a clinic from this chapter only for health care services provided at the locations described in subparagraph (C) of paragraph (1). (3) For purposes of this subdivision, “committee” means the Los Angeles Organizing Committee for the 2028 Olympic and Paralympic Games. (Amended by Stats. 2025, Ch. 105, Sec. 13. (AB 144) Effective September 17, 2025.)
  200. 1206.1.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 1. Definitions and General Provisions [1200 - 1210] ( Article 1 added by Stats. 1978, Ch. 1147. )

    Verify source ↗

    Certain psychologist-run clinics or offices are exempt from licensure under this chapter.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 1. Definitions and General Provisions [1200 - 1210] ( Article 1 added by Stats. 1978, Ch. 1147. ) ## 1206.1. The provisions of this chapter do not require licensure of any place or establishment owned or leased and operated as a clinic or office by one or more licensed psychologists and used as an office for the practice of psychology, regardless of the name used publicly to identify such place or establishment. (Added by Stats. 1980, Ch. 1315.)

Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.

LexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.