Health and Safety Code — Part 24 | HSC — United States — California law | Esheria

Health and Safety Code

Part 24 of 87 · provisions 4,601–4,800

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

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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.

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Provisions of Health and Safety Code

Showing 200 of 17,333

  1. 122406.

    ## 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 7. HEPATITIS C [122400 - 122445] ( Part 7 added by Stats. 1998, Ch. 867, Sec. 1. ) ## CHAPTER 1. General Provisions [122400 - 122445] ( Chapter 1 added by Stats. 1998, Ch. 867, Sec. 1. )

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    The Secretary of Veterans Affairs must report to the Legislature by March 1, 2001 about how earmarked federal veterans funds were used in California for hepatitis C education, screening, and treatment.

    ## 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 7. HEPATITIS C [122400 - 122445] ( Part 7 added by Stats. 1998, Ch. 867, Sec. 1. ) ## CHAPTER 1. General Provisions [122400 - 122445] ( Chapter 1 added by Stats. 1998, Ch. 867, Sec. 1. ) ## 122406. The Secretary of Veterans Affairs shall report to the Legislature on or before March 1, 2001, regarding the use of funds earmarked by the federal Veteran’s Administration to regional offices in California to educate, screen, and treat veterans with the hepatitis C virus. (Added by Stats. 2000, Ch. 754, Sec. 2. Effective January 1, 2001.)
  2. 122410.

    ## 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 7. HEPATITIS C [122400 - 122445] ( Part 7 added by Stats. 1998, Ch. 867, Sec. 1. ) ## CHAPTER 1. General Provisions [122400 - 122445] ( Chapter 1 added by Stats. 1998, Ch. 867, Sec. 1. )

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    The State Department of Health Services must make hepatitis C protocols and guidelines available for educating and training physicians, health professionals, and community service providers.

    ## 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 7. HEPATITIS C [122400 - 122445] ( Part 7 added by Stats. 1998, Ch. 867, Sec. 1. ) ## CHAPTER 1. General Provisions [122400 - 122445] ( Chapter 1 added by Stats. 1998, Ch. 867, Sec. 1. ) ## 122410. (a) The State Department of Health Services shall make available protocols and guidelines developed by the National Institutes of Health, the University of California at San Francisco, and California legislative advisory committees on hepatitis C for educating physicians and health professionals and training community service providers on the most recent scientific and medical information on hepatitis C detection, transmission, diagnosis, treatment, and therapeutic decisionmaking. (b) The guidelines referenced in subdivision (a) may include, but not be limited to, all of the following: (1) Tracking and reporting of both acute and chronic cases of hepatitis C by public health officials. (2) A cost-efficient plan to screen the prison population and the medically indigent population in California. (3) Protocols within the Department of Corrections to enable that department to provide appropriate prevention and treatment to prisoners with hepatitis C. (4) Protocols for the education of correctional peace officers and other correctional workers who work with prisoners with hepatitis C. (5) Protocols for public safety and health care workers who come in contact with hepatitis C patients. (6) Surveillance programs to determine the prevalence of hepatitis C in ethnic and other high-risk populations. (7) Education and outreach programs for high-risk individuals, including, but not limited to, individuals who received blood transfusions prior to 1992, hemophiliacs, veterans, women who underwent a caesarian section or premature delivery prior to 1990, persons who received an organ transplant prior to 1990, persons who receive invasive cosmetic procedures, including body piercing and tattooing, students, minority communities, and any other categories of persons at high risk for hepatitis C infection as determined by the director. Education and outreach programs shall be targeted to high-risk individuals as determined by the director. Education programs may provide information and referral on hepatitis C including, but not limited to, education materials developed by health-related companies, community-based or national advocacy organizations, counseling, patient support groups, and existing hotlines for consumers. (c) Nothing in this section shall be construed to require the department to develop or produce any protocol, guideline, or proposal. (Amended by Stats. 2000, Ch. 754, Sec. 3. Effective January 1, 2001.)
  3. 122415.

    ## 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 7. HEPATITIS C [122400 - 122445] ( Part 7 added by Stats. 1998, Ch. 867, Sec. 1. ) ## CHAPTER 1. General Provisions [122400 - 122445] ( Chapter 1 added by Stats. 1998, Ch. 867, Sec. 1. )

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    The Director of Corrections must report hepatitis C statistics, run a voluntary inmate testing program, and update treatment protocols as new therapies become available, but only if funds have been appropriated.

    ## 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 7. HEPATITIS C [122400 - 122445] ( Part 7 added by Stats. 1998, Ch. 867, Sec. 1. ) ## CHAPTER 1. General Provisions [122400 - 122445] ( Chapter 1 added by Stats. 1998, Ch. 867, Sec. 1. ) ## 122415. (a) The Director of Corrections shall do all of the following: (1) Provide the budget subcommittees of the Legislature, on or before March 1, 2002, with an annual statistical report on the prevalence of the hepatitis C virus in correctional facilities and trends in the incidence and prevalence of the hepatitis C virus in the correctional system. (2) Establish and make available a voluntary program to test inmates for the presence of the hepatitis C virus upon incarceration and in conjunction with any routine blood testing. (3) Update treatment protocols and regimens as new therapies become available. (b) This section shall be implemented only to the extent funds for this purpose have been appropriated in the annual Budget Act. (Added by Stats. 2000, Ch. 754, Sec. 4. Effective January 1, 2001.)
  4. 122420.

    ## 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 7. HEPATITIS C [122400 - 122445] ( Part 7 added by Stats. 1998, Ch. 867, Sec. 1. ) ## CHAPTER 1. General Provisions [122400 - 122445] ( Chapter 1 added by Stats. 1998, Ch. 867, Sec. 1. )

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    The Director of Health Services must run hepatitis C education, outreach, training, coordination, screening, and counseling program activities.

    ## 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 7. HEPATITIS C [122400 - 122445] ( Part 7 added by Stats. 1998, Ch. 867, Sec. 1. ) ## CHAPTER 1. General Provisions [122400 - 122445] ( Chapter 1 added by Stats. 1998, Ch. 867, Sec. 1. ) ## 122420. The Director of Health Services shall do all of the following: (a) Develop and implement a public education and outreach program to raise awareness of the hepatitis C virus aimed at high-risk groups, physician’s offices, health care workers, and health care facilities. The program shall do all of the following: (1) Attempt to coordinate with national public education efforts related to the identification and notification of recipients of blood from hepatitis C virus-positive donors. (2) Attempt to stimulate interest and coordinate with community-based organizations to sponsor community forums and undertake other appropriate community outreach activities. (3) Employ public communication strategies utilizing a variety of media that may include, but is not limited to, print, radio, television, and the Internet. (b) Include information on co-infection of human immunodeficiency virus (HIV) or hemophilia with the hepatitis C virus in the professional training and all appropriate care and treatment programs under the jurisdiction of the department. (c) Develop a program to work with the Department of Corrections to identify hepatitis C virus-positive inmates likely to be released within two years and provide counseling and treatment options to reduce the community risk. (d) Urge local public health officials to make hepatitis C virus screening available for uninsured individuals upon request. (e) Include hepatitis C counseling, education, and testing, as appropriate, into local state-funded programs including those addressing HIV, tuberculosis, sexually transmitted disease, and all other appropriate programs approved by the director. (Added by Stats. 2000, Ch. 754, Sec. 5. Effective January 1, 2001.)
  5. 122425.

    ## 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 7. HEPATITIS C [122400 - 122445] ( Part 7 added by Stats. 1998, Ch. 867, Sec. 1. ) ## CHAPTER 1. General Provisions [122400 - 122445] ( Chapter 1 added by Stats. 1998, Ch. 867, Sec. 1. )

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    A three-year Hepatitis C Linkage to Care demonstration pilot project is established and authorized for fiscal years 2015–16 through 2017–18.

    ## 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 7. HEPATITIS C [122400 - 122445] ( Part 7 added by Stats. 1998, Ch. 867, Sec. 1. ) ## CHAPTER 1. General Provisions [122400 - 122445] ( Chapter 1 added by Stats. 1998, Ch. 867, Sec. 1. ) ## 122425. There is hereby established a three-year Hepatitis C Linkage to Care demonstration pilot project to allow for innovative, evidence-based approaches to provide outreach, hepatitis C screening, and linkage to, and retention in, quality health care for the most vulnerable and underserved individuals living with, or at high risk for, hepatitis C viral infection (HCV). This demonstration pilot project is authorized for fiscal years 2015–16, 2016–17, and 2017–18. (Added by Stats. 2015, Ch. 18, Sec. 19. (SB 75) Effective June 24, 2015.)
  6. 122430.

    ## 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 7. HEPATITIS C [122400 - 122445] ( Part 7 added by Stats. 1998, Ch. 867, Sec. 1. ) ## CHAPTER 1. General Provisions [122400 - 122445] ( Chapter 1 added by Stats. 1998, Ch. 867, Sec. 1. )

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    If the budget contains the required appropriation, the department must competitively award funding to community-based organizations or local health jurisdictions for demonstration pilot projects, and it may set funding levels by scope and geography.

    ## 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 7. HEPATITIS C [122400 - 122445] ( Part 7 added by Stats. 1998, Ch. 867, Sec. 1. ) ## CHAPTER 1. General Provisions [122400 - 122445] ( Chapter 1 added by Stats. 1998, Ch. 867, Sec. 1. ) ## 122430. (a) Upon an appropriation for the purpose described in Section 122425 in the annual Budget Act for the 2015–16, 2016–17, and 2017–18 fiscal years, the department shall award funding, on a competitive basis, to community-based organizations or local health jurisdictions to operate demonstration pilot projects pursuant to this chapter. The department shall determine the funding levels of each demonstration project based on scope and geographic area. Funds may be used to support other activities consistent with the goals of this chapter, including the purchase of hepatitis C viral infection (HCV) test kits, syringe exchange supplies, or other HCV prevention and linkage to care materials and activities. (b) An applicant for funding shall demonstrate each of the following qualifications: (1) Leadership on access to HCV care and testing issues and experience addressing the needs of highly marginalized populations in accessing medical care and support. (2) Experience with the target population or relationships with community-based organizations or nongovernmental organizations, or both, that demonstrates expertise, history, and credibility working successfully in engaging the target population. (3) Experience working with nontraditional collaborators who work within and beyond the field of HCV education and outreach, including homeless services, veterans’ medical and service programs, substance use disorders treatment, syringe exchange programs, women’s health, reproductive health, immigration, mental health, or human immunodeficiency virus (HIV) prevention and treatment. (4) Strong relationships with community-based HCV health care providers that have the trust of the targeted population. (5) Strong relationships with the state and local health departments. (6) Capacity to coordinate a communitywide planning phase involving multiple community collaborators. (7) Experience implementing evidence-based programs or generating innovative strategies, or both, with at least preliminary evidence of program effectiveness. (8) Administrative systems and accountability mechanisms for grant management. (9) Capacity to participate in evaluation activities. (10) Strong communication systems that are in place to participate in public relations activities. (Added by Stats. 2015, Ch. 18, Sec. 20. (SB 75) Effective June 24, 2015.)
  7. 122435.

    ## 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 7. HEPATITIS C [122400 - 122445] ( Part 7 added by Stats. 1998, Ch. 867, Sec. 1. ) ## CHAPTER 1. General Provisions [122400 - 122445] ( Chapter 1 added by Stats. 1998, Ch. 867, Sec. 1. )

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    Each demonstration pilot project must prepare and share information on best practices and lessons learned about outreach and education for people with hepatitis C or at high risk of infection.

    ## 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 7. HEPATITIS C [122400 - 122445] ( Part 7 added by Stats. 1998, Ch. 867, Sec. 1. ) ## CHAPTER 1. General Provisions [122400 - 122445] ( Chapter 1 added by Stats. 1998, Ch. 867, Sec. 1. ) ## 122435. During the demonstration pilot project described in Section 122425, each demonstration pilot project shall prepare and disseminate information regarding best practices for, and the lessons learned regarding, providing outreach and education to the most vulnerable and underserved individuals living with hepatitis C viral infection (HCV) or at a high risk for HCV infection, for use by providers, the State Department of Public Health, including the Office of AIDS and the Office of Viral Hepatitis Prevention, federal departments and agencies, including the federal Department of Health and Human Services, and other national HIV/AIDS and viral hepatitis groups. (Added by Stats. 2015, Ch. 18, Sec. 21. (SB 75) Effective June 24, 2015.)
  8. 122440.

    ## 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 7. HEPATITIS C [122400 - 122445] ( Part 7 added by Stats. 1998, Ch. 867, Sec. 1. ) ## CHAPTER 1. General Provisions [122400 - 122445] ( Chapter 1 added by Stats. 1998, Ch. 867, Sec. 1. )

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    The State Department of Public Health must allocate HCV funds to local health jurisdictions, prioritize needy jurisdictions, and set accountability measures; local jurisdictions and community-based organizations may use funds for related activities.

    ## 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 7. HEPATITIS C [122400 - 122445] ( Part 7 added by Stats. 1998, Ch. 867, Sec. 1. ) ## CHAPTER 1. General Provisions [122400 - 122445] ( Chapter 1 added by Stats. 1998, Ch. 867, Sec. 1. ) ## 122440. (a) (1) (A) The State Department of Public Health shall allocate funds to local health jurisdictions to provide hepatitis C virus (HCV) activities and other activities that improve HCV health outcomes, including, but not limited to, monitoring, prevention, testing, and linkage to and retention in care activities for the most vulnerable and underserved individuals living with, or at high risk for, HCV infection. Activities may include integrated services for viral hepatitis, human immunodeficiency virus (HIV) infection, sexually transmitted infections, and drug overdose to the extent they improve health outcomes for the most vulnerable and underserved individuals living with, or at high risk for, HCV infection. (B) Local health jurisdictions shall be prioritized based on factors that indicate a need for HCV monitoring, prevention, testing, and linkage to and retention in care activities. (C) 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 and community-based organizations 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 for purposes consistent with this section, provided that there are community-based organizations in the jurisdiction that are able to provide these activities and demonstrate expertise, history, and credibility working successfully in engaging the most vulnerable and underserved individuals living with, or at high risk for, HCV infection. (D) The department shall develop measures for each local health jurisdiction funded pursuant to this section to demonstrate accountability. (E) Local health jurisdictions and community-based organizations may use funds to provide material support, including, but not limited to, sleeping bags, tarps, shelter, clothing items, and hygiene kits, to individuals described in subparagraph (A) for purposes consistent with this section. (2) The department may use funds to support capacity building assistance for purposes consistent with this section, including integrated services for viral hepatitis, HIV, sexually transmitted infections, and drug overdose, to the extent they improve health outcomes for the most vulnerable and underserved individuals living with, or at high risk for, HCV infection. (b) This section shall not 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 appropriate. (c) 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. 15. (SB 184) Effective June 30, 2022.)
  9. 122445.

    ## 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 7. HEPATITIS C [122400 - 122445] ( Part 7 added by Stats. 1998, Ch. 867, Sec. 1. ) ## CHAPTER 1. General Provisions [122400 - 122445] ( Chapter 1 added by Stats. 1998, Ch. 867, Sec. 1. )

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    The Office of Viral Hepatitis Prevention may buy HCV test kits, fund training, use some funds for staff, and must set up a simple application process for community-based organizations and local health departments.

    ## 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 7. HEPATITIS C [122400 - 122445] ( Part 7 added by Stats. 1998, Ch. 867, Sec. 1. ) ## CHAPTER 1. General Provisions [122400 - 122445] ( Chapter 1 added by Stats. 1998, Ch. 867, Sec. 1. ) ## 122445. (a) In order to ensure that the most vulnerable Californians are informed of their hepatitis C virus (HCV) status and are linked to care and a cure, the State Department of Public Health’s Office of Viral Hepatitis Prevention may purchase HCV test kits and associated materials and supplies for distribution to community-based organizations and local health departments. (b) The Office of Viral Hepatitis Prevention may also allocate funding to train personnel associated with community-based organizations and local health departments to conduct HCV testing, human immunodeficiency virus (HIV) testing, and sexually transmitted infection (STI) testing and related activities. (c) The Office of Viral Hepatitis Prevention may use a portion of the funds allocated for purposes of this section to hire necessary staff to successfully implement and evaluate the activities authorized by this section. (d) The Office of Viral Hepatitis Prevention shall establish a simple application process for community-based organizations and local health departments to apply to receive HCV test kits and support for the activities authorized by this section. (e) If the overall requests for HCV test kits and support exceeds the amount of funds allocated for this section, the Office of Viral Hepatitis Prevention may prioritize distribution of HCV test kits and support to community-based organizations and local health departments based on need in the specific geographic area and demonstrated capacity to provide culturally appropriate services to one or more of the communities most vulnerable to HCV. (Added by Stats. 2021, Ch. 143, Sec. 26. (AB 133) Effective July 27, 2021.)
  10. 122450.

    ## 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 7.5. Communicable Disease Testing and Prevention [122450- 122450.] ( Part 7.5 added by Stats. 2016, Ch. 30, Sec. 7. )

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    The State Department of Public Health must use the appropriated funds to buy and distribute vaccines, test kits, training, and technical assistance for communicable disease testing and prevention, and it may issue grants for those activities.

    ## 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 7.5. Communicable Disease Testing and Prevention [122450- 122450.] ( Part 7.5 added by Stats. 2016, Ch. 30, Sec. 7. ) ## 122450. (a) Of the funds appropriated in the Budget Act of 2016 for this purpose, the State Department of Public Health shall do all of the following: (1) Purchase and distribute hepatitis B vaccine and related materials to local health jurisdictions and community-based organizations to test and vaccinate high-risk adults. (2) Purchase hepatitis C test kits and related materials to distribute to local health jurisdictions and community-based testing programs. (3) Train nonmedical personnel to perform HCV and HIV testing waived under the federal Clinical Laboratory Improvement Amendments of 1988 (CLIA) (42 U.S.C. Sec. 263a) in local health jurisdictions and community-based settings. (4) Provide technical assistance to local governments and community-based organizations to increase the number of syringe exchange and disposal programs throughout California and the number of jurisdictions in which syringe exchange and disposal programs are authorized. (b) The State Department of Public Health may issue grants for the materials and activities provided for in subdivision (a). (Amended by Stats. 2017, Ch. 561, Sec. 134. (AB 1516) Effective January 1, 2018.)
  11. 122475.

    ## 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 7.7. Valley Fever [122475 - 122476] ( Part 7.7 added by Stats. 2018, Ch. 338, Sec. 1. )

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    This section names the part the Valley Fever Education, Early Diagnosis, and Treatment Act, and says it may be cited by that name.

    ## 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 7.7. Valley Fever [122475 - 122476] ( Part 7.7 added by Stats. 2018, Ch. 338, Sec. 1. ) ## 122475. This part shall be known, and may be cited, as the Valley Fever Education, Early Diagnosis, and Treatment Act. (Added by Stats. 2018, Ch. 338, Sec. 1. (AB 1790) Effective January 1, 2019.)
  12. 122476.

    ## 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 7.7. Valley Fever [122475 - 122476] ( Part 7.7 added by Stats. 2018, Ch. 338, Sec. 1. )

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    This section describes valley fever, its symptoms, who is at higher risk, and the Legislature’s intent to raise awareness about 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 7.7. Valley Fever [122475 - 122476] ( Part 7.7 added by Stats. 2018, Ch. 338, Sec. 1. ) ## 122476. (a) Valley fever, also called coccidioidomycosis, is a lung infection caused by a fungus that lives in the soil. Approximately 10,000 cases are reported each year, mostly from California and bordering states. (b) Valley fever is a serious, costly illness. According to the federal Centers for Disease Control and Prevention, nearly 75 percent of people with valley fever miss work or school. As many as 40 percent of people who get valley fever need to stay in the hospital. (c) People get valley fever by breathing in microscopic fungal spores from the air in areas where the fungus lives. Anyone who lives in or travels to these areas can get valley fever, but some people are at higher risk for developing valley fever, such as older adults, people who have weakened immune systems, pregnant women, people with diabetes, people who are Black or Filipino, and people who have jobs that expose them to dust, such as agricultural or construction workers. (d) The symptoms of valley fever are similar to those of other common illnesses, so patients may have delays in getting diagnosed and treated. The initial symptoms may appear one to three weeks after exposure. They tend to resemble those of the flu, and can range from minor to severe, including fever, cough, chest pain, chills, night sweats, headache, fatigue, joint aches, and a red spotty rash. (e) In areas with valley fever, it is difficult to completely avoid exposure to the fungus because it is in the environment. There is no vaccine to prevent infection. Knowing about valley fever is one of the most important ways to avoid delays in diagnosis and treatment. (f) It is the intent of the Legislature to raise awareness of the symptoms, tests, and treatments for valley fever among the general public, primary health care providers, and health care providers who care for persons at higher risk for getting valley fever. (Added by Stats. 2018, Ch. 338, Sec. 1. (AB 1790) Effective January 1, 2019.)
  13. 1225.

    ## 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 3. Regulations [1225 - 1234.1] ( Article 3 added by Stats. 1978, Ch. 1147. )

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    The department must adopt clinic rules and regulations, and clinics seeking or holding licensure must meet specified federal certification standards.

    ## 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 3. Regulations [1225 - 1234.1] ( Article 3 added by Stats. 1978, Ch. 1147. ) ## 1225. (a) The department shall adopt, and may from time to time amend or repeal, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, such reasonable rules and regulations as may be necessary or proper to carry out the purposes and intent of this chapter and to enable the department to exercise the powers and perform the duties conferred upon it by this chapter, not inconsistent with any of the provisions of any statute of this state. The rules and regulations for primary care clinics shall be separate and distinct from the rules and regulations for specialty clinics. (b) All regulations relating to licensed clinics in effect on December 31, 1977, which were adopted by the department, shall remain in full force and effect until altered, amended, or repealed by the director. (c) A chronic dialysis clinic, a surgical clinic, or a rehabilitation clinic licensed or seeking licensure shall comply with the following federal certification standards in effect immediately preceding January 1, 2018: (1) A chronic dialysis clinic shall comply with federal certification standards for an end-stage renal disease clinic, as specified in Sections 494.1 to 494.180, inclusive, of Title 42 of the Code of Federal Regulations. (2) A surgical clinic, as defined in subdivision (b) of Section 1204, shall comply with federal certification standards for an ambulatory surgical clinic, as specified in Sections 416.1 to 416.54, inclusive, of Title 42 of the Code of Federal Regulations. (3) A rehabilitation clinic shall comply with federal certification standards for a comprehensive outpatient rehabilitation facility, as specified in Sections 485.50 to 485.74, inclusive, of Title 42 of the Code of Federal Regulations. (Amended by Stats. 2018, Ch. 34, Sec. 4. (AB 1810) Effective June 27, 2018.)
  14. 1226.

    ## 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 3. Regulations [1225 - 1234.1] ( Article 3 added by Stats. 1978, Ch. 1147. )

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    This section requires clinic-related regulators and local governments to set and apply construction, safety, staffing, and inspection standards, and it lets clinics request state plan review in some cases.

    ## 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 3. Regulations [1225 - 1234.1] ( Article 3 added by Stats. 1978, Ch. 1147. ) ## 1226. (a) The regulations shall prescribe the kinds of services that may be provided by clinics in each category of licensure and shall prescribe minimum standards of adequacy, safety, and sanitation of the physical plant and equipment, minimum standards for staffing with duly qualified personnel, and minimum standards for providing the services offered. These minimum standards shall be based on the type of facility, the needs of the patients served, and the types and levels of services provided. (b) (1) The Department of Health Care Access and Information, in consultation with the Community Clinics Advisory Committee, shall prescribe minimum construction standards of adequacy and safety for the physical plant of clinics as found in the California Building Standards Code. (2) The construction standards for the construction or alteration of a community clinic licensed under subdivision (a) of Section 1204 or a rural health clinic, as defined in paragraph (1) of subdivision (l) of Section 1396d of Title 42 of the United States Code, established pursuant to this section and standards established or applied by a city or county, shall comply with the safety and accessibility standards required for the physical environment of a clinic to ensure participation in the federal Medicare and Medicaid programs, as outlined in Subchapter G (commencing with Section 482.1) of Chapter IV of Title 42 of the Code of Federal Regulations. (3) If the standards are amended, they shall not be more restrictive or stringent than the OSHPD 3 regulations of the California Building Standards Code. During the regulation promulgation process, the Department of Health Care Access and Information shall be required to hold a minimum of two public meetings to solicit public comment on the proposed new standards. (c) A city or county, as applicable, shall have plan review and building inspection responsibilities for the construction or alteration of buildings described in paragraphs (1) and (2) of subdivision (b) of Section 1204 and shall apply the provisions of the latest edition of the California Building Standards Code in conducting these plan review responsibilities. For these buildings, construction and alteration shall include conversion of a building to a purpose specified in paragraphs (1) and (2) of subdivision (b) of Section 1204. Upon the initial submission to a city or county by the governing authority or owner of these clinics for plan review and building inspection services, the city or county shall reply in writing to the clinic whether or not the plan review by the city or county will include a certification as to whether or not the clinic project submitted for plan review meets the standards as propounded by the office in the California Building Standards Code. If the city or county indicates that its review will include this certification it shall do all of the following: (1) Apply the applicable clinic provisions of the latest edition of the California Building Standards Code. (2) Certify in writing, to the applicant within 30 days of completion of construction, whether or not these standards have been met. (d) If upon initial submission, the city or county indicates that its plan review will not include this certification, the governing authority or owner of the clinic shall submit the plans to the Department of Health Care Access and Information, which shall review the plans for certification whether or not the clinic project meets the standards, as propounded by the office in the California Building Standards Code. (e) When the office performs review for certification, the office shall charge a fee in an amount that does not exceed its actual costs. (f) The office of the State Fire Marshal shall prescribe minimum safety standards for fire and life safety in surgical clinics. (g) Notwithstanding subdivision (c), the governing authority or owner of a clinic may request the office to perform plan review services for buildings described in subdivision (c). If the office agrees to perform these services, after consultation with the local building official, the office shall charge an amount not to exceed its actual costs. The construction or alteration of these buildings shall conform to the applicable provisions of the latest edition of the California Building Standards Code for purposes of the plan review by the office pursuant to this subdivision. (h) Regulations adopted pursuant to this chapter establishing standards for laboratory services shall not be applicable to any clinic that operates a clinical laboratory licensed pursuant to Section 1265 of the Business and Professions Code. (Amended by Stats. 2024, Ch. 796, Sec. 1. (SB 1382) Effective January 1, 2025.)
  15. 1226.1.

    ## 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 3. Regulations [1225 - 1234.1] ( Article 3 added by Stats. 1978, Ch. 1147. )

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    Primary care clinics must follow employee health-exam, tuberculosis testing, recordkeeping, and work-restriction rules.

    ## 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 3. Regulations [1225 - 1234.1] ( Article 3 added by Stats. 1978, Ch. 1147. ) ## 1226.1. (a) A primary care clinic shall comply with the following requirements regarding health examinations and other public health protections for individuals working in a primary care clinic: (1) An employee working in a primary care clinic who has direct contact with patients shall have a health examination within six months prior to employment or within 15 days after employment. Each examination shall include a medical history and physical evaluation. A written examination report, signed by the person performing the examination, shall verify that the employee is able to perform his or her assigned duties. (2) At the time of employment, testing for tuberculosis shall consist of a purified protein derivative intermediate strength intradermal skin test or any other test for tuberculosis infection recommended by the federal Centers for Disease Control and Prevention (CDC) and licensed by the federal Food and Drug Administration (FDA). If a positive reaction is obtained from the skin test, or any other test for tuberculosis infection recommended by the CDC and licensed by the FDA, the employee shall be referred to a physician to determine if a chest X-ray is necessary. Annual examinations shall be performed only when medically indicated. (3) The clinic shall maintain a health record for each employee that includes reports of all employment-related health examinations. These records shall be kept for a minimum of three years following termination of employment. (4) An employee known to have or exhibiting signs or symptoms of a communicable disease shall not be permitted to work until he or she submits a physician’s certification that the employee is sufficiently free of the communicable disease to return to his or her assigned duties. (b) Any regulation adopted before January 1, 2004, that imposes a standard on a primary care clinic that is more stringent than described in this section is void. (Amended by Stats. 2007, Ch. 24, Sec. 3. Effective January 1, 2008.)
  16. 1226.2.

    ## 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 3. Regulations [1225 - 1234.1] ( Article 3 added by Stats. 1978, Ch. 1147. )

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    The Community Clinics Advisory Committee must meet as needed, have at least 15 eligible members, and its members must be appointed by specified statewide clinic associations.

    ## 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 3. Regulations [1225 - 1234.1] ( Article 3 added by Stats. 1978, Ch. 1147. ) ## 1226.2. The Community Clinics Advisory Committee provided for in subdivision (b) of Section 1226 shall meet on an ad hoc basis and shall be comprised of at least 15 individuals who are employed by, or under contract to provide service to, a community clinic on a full-time basis, either directly or as a representative of a clinic association. Members of the committee shall be appointed by the three statewide primary care clinic associations in California that represent the greatest number of community or free clinic sites. (Added by Stats. 2003, Ch. 602, Sec. 7. Effective January 1, 2004.)
  17. 1226.3.

    ## 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 3. Regulations [1225 - 1234.1] ( Article 3 added by Stats. 1978, Ch. 1147. )

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    A primary care clinic may prove compliance with certain construction and safety standards by submitting specified written proof, and the department cannot require a particular form.

    ## 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 3. Regulations [1225 - 1234.1] ( Article 3 added by Stats. 1978, Ch. 1147. ) ## 1226.3. A primary care clinic may establish compliance with the minimum construction standards of adequacy and safety for the physical plant described in subdivision (b) of Section 1226 by submitting a written certification, as described in Section 5536.26 of the Business and Professions Code, from a licensed architect or a written statement from a local building department that the applicable construction, remodeling, alteration, or other applicable modification of the physical plant is in compliance with these standards. No particular form of certification or statement shall be required by the department. Any form of statement utilized by a city or county building department, or certification by a licensed architect, indicating that the premises conform to the requirements of the California Building Standards Code, shall be accepted by the department as sufficient proof of compliance. Enforcement of compliance with applicable provisions of the California Building Standards Code, pursuant to subdivision (b) of Section 1226, shall be within the exclusive jurisdiction of the local building department. (Added by Stats. 2003, Ch. 602, Sec. 8. Effective January 1, 2004.)
  18. 1226.5.

    ## 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 3. Regulations [1225 - 1234.1] ( Article 3 added by Stats. 1978, Ch. 1147. )

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    Certain surgical clinics and ambulatory surgical centers must use a California-licensed or registered engineer/architect for qualifying equipment anchorage, and keep certification available for department inspection for five years.

    ## 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 3. Regulations [1225 - 1234.1] ( Article 3 added by Stats. 1978, Ch. 1147. ) ## 1226.5. (a) It is the intent of the Legislature to establish seismic safety standards for facilities licensed as surgical clinics pursuant to this chapter, and for facilities certified for participation in the federal Medicare program as ambulatory surgical centers, which accommodate surgical patients under general anesthesia, but are not required to remain open and usable after an earthquake to accommodate emergency patients. (b) A facility described in subdivision (a) which, after January 1, 1991, anchors fixed medical equipment to the floor or roof of the facility with a gross operating weight of more than 400 pounds or anchors fixed medical equipment to the walls or ceiling with a gross operating weight of more than 20 pounds shall retain the services of an architect licensed in California, a structural engineer licensed in California, or a civil engineer registered in California to assure that the equipment is anchored in such a manner to meet the requirements of an occupancy importance factor of 1.00, as set forth in Title 24 of the California Code of Regulations. (c) A facility described in subdivision (a) which retains the services of an architect or engineer for the anchorage of fixed medical equipment shall keep available for inspection by the department for a period of five years following the installation, a current written certification from the architect or engineer that the equipment is mounted in accordance with the applicable requirements. (Added by Stats. 1990, Ch. 1579, Sec. 1.)
  19. 1227.

    ## 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 3. Regulations [1225 - 1234.1] ( Article 3 added by Stats. 1978, Ch. 1147. )

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    Authorized state department officers, employees, or agents may enter and inspect buildings or premises with proper identification.

    ## 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 3. Regulations [1225 - 1234.1] ( Article 3 added by Stats. 1978, Ch. 1147. ) ## 1227. Any duly authorized officer, employee, or agent of the state department may upon presentation of proper identification, enter and inspect any building or premises at any time, with or without advance notice, to secure compliance with, or to prevent a violation of, any provision of this chapter or any regulations adopted pursuant to this chapter. (Added by Stats. 1978, Ch. 1147.)
  20. 1228.

    ## 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 3. Regulations [1225 - 1234.1] ( Article 3 added by Stats. 1978, Ch. 1147. )

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    Most licensed clinics must be inspected periodically, at least every three years, unless an exemption applies.

    ## 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 3. Regulations [1225 - 1234.1] ( Article 3 added by Stats. 1978, Ch. 1147. ) ## 1228. (a) Except as provided in subdivision (c), every clinic for which a license or special permit has been issued shall be periodically inspected. The frequency of inspections shall depend upon the type and complexity of the clinic or special service to be inspected. Inspections shall be conducted no less often than once every three years and as often as necessary to ensure the quality of care being provided. (b) (1) During inspections, representatives of the department shall offer any advice and assistance to the clinic as they deem appropriate. The department may contract with local health departments for the assumption of any of the department’s responsibilities under this chapter. In exercising this authority, the local health department shall conform to the requirements of this chapter and to the rules, regulations, and standards of the department. (2) The department shall reimburse local health departments for services performed pursuant to this section, and these payments shall not exceed actual cost. Reports of each inspection shall be prepared by the representative conducting it upon forms prepared and furnished by the department and filed with the department. (c) This section shall not apply to any of the following: (1) A rural health clinic. (2) A primary care clinic accredited by the Joint Commission on Accreditation of Healthcare Organizations (JCAHO), the Accreditation Association for Ambulatory Health Care (AAAHC), or any other accrediting organization recognized by the department. (3) An ambulatory surgical center. (4) An end stage renal disease facility. (5) A comprehensive outpatient rehabilitation facility that is certified to participate either in the Medicare program under Title XVIII (42 U.S.C. Sec. 1395 et seq.) of the federal Social Security Act, or the medicaid program under Title XIX (42 U.S.C. Sec. 1396 et seq.) of the federal Social Security Act, or both. (d) Notwithstanding paragraph (2) of subdivision (c), the department shall retain the authority to inspect a primary care clinic pursuant to Section 1227, or as necessary to ensure the quality of care being provided. (Amended by Stats. 2003, Ch. 602, Sec. 9. Effective January 1, 2004.)
  21. 1229.

    ## 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 3. Regulations [1225 - 1234.1] ( Article 3 added by Stats. 1978, Ch. 1147. )

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    The state department must notify clinics of inspection-based deficiencies, and the clinic must agree on a correction plan and post it publicly during the correction period.

    ## 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 3. Regulations [1225 - 1234.1] ( Article 3 added by Stats. 1978, Ch. 1147. ) ## 1229. The state department shall notify any clinic of all deficiencies in its compliance with the provisions of this chapter or the rules and regulations adopted hereunder, which are discovered or confirmed by inspection, and the clinic shall agree with the state department upon a plan of correction which shall give the clinic a reasonable time to correct such deficiencies. During such allotted time, a list of deficiencies and the plan of correction shall be conspicuously posted in a clinic location accessible to public view. If at the end of the allotted time, as provided in the plan of correction, the clinic has failed to correct the deficiencies, the state department shall assess the licensee a civil penalty not to exceed fifty dollars ($50) per day, until the state department finds the clinic in compliance. In such case, the state department may also initiate action against the clinic to revoke or suspend the license. Nothing in this chapter shall be deemed to prohibit a clinic which is unable to correct the deficiencies, as specified in a plan of corrections, for reasons beyond its control from voluntarily surrendering its license pursuant to Section 1245 prior to the assessment of any civil penalty or the initiation of any revocation or suspension proceeding. (Repealed and added by Stats. 1978, Ch. 1147.)
  22. 1229.1.

    ## 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 3. Regulations [1225 - 1234.1] ( Article 3 added by Stats. 1978, Ch. 1147. )

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    Primary care clinics and people acting for them cannot be penalized for violating a regulation unless that regulation was adopted under the specified Government Code rulemaking 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 3. Regulations [1225 - 1234.1] ( Article 3 added by Stats. 1978, Ch. 1147. ) ## 1229.1. No notification of deficiency, civil or criminal penalty, fine, sanction, or denial, suspension, or revocation of licensure, may be imposed against a primary care clinic, or any person acting on behalf of the clinic, for a violation of a regulation, as defined in Section 11342.600 of the Government Code, including every rule, regulation, order, or standard of general application, or the amendment, supplement, or revision of any rule, regulation, order, or standard adopted by a state agency to implement, interpret, or make specific the law enforced or administered by it, or to govern its procedure, unless the regulation has been adopted pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 2003, Ch. 602, Sec. 10. Effective January 1, 2004.)
  23. 1230.

    ## 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 3. Regulations [1225 - 1234.1] ( Article 3 added by Stats. 1978, Ch. 1147. )

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    Inspection reports must be kept on file with the state department, and those reports, deficiency lists, and plans of correction are open to public inspection.

    ## 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 3. Regulations [1225 - 1234.1] ( Article 3 added by Stats. 1978, Ch. 1147. ) ## 1230. Reports on the results of each inspection shall be kept on file in the state department along with the plan of correction and clinic comments. The inspection report may include a recommendation for reinspection. All inspection reports, lists of deficiencies, and plans of correction shall be public records open to public inspection. (Added by Stats. 1978, Ch. 1147.)
  24. 12303.

    ## 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 7. Illegal Use or Possession [12303 - 12305] ( Chapter 7 added by Stats. 1967, Ch. 1497. )

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    “Lawful possession of an explosive” means possessing explosives under a valid permit’s stated purpose and conditions, unless a person is specifically excepted from the permit requirements.

    ## 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 7. Illegal Use or Possession [12303 - 12305] ( Chapter 7 added by Stats. 1967, Ch. 1497. ) ## 12303. “Lawful possession of an explosive,” as used in this chapter, means possessing explosives in accordance with the stated purpose and conditions of a valid permit obtained pursuant to the provisions of this part, unless such person is specifically excepted from the permit requirements by the provisions of this part. (Amended by Stats. 1970, Ch. 1425.)
  25. 12305.

    ## 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 7. Illegal Use or Possession [12303 - 12305] ( Chapter 7 added by Stats. 1967, Ch. 1497. )

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    A person who is not lawfully entitled to possess an explosive and knowingly possesses one commits a felony.

    ## 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 7. Illegal Use or Possession [12303 - 12305] ( Chapter 7 added by Stats. 1967, Ch. 1497. ) ## 12305. Every person not in the lawful possession of an explosive who knowingly has any explosive in his possession is guilty of a felony. (Repealed and added by Stats. 1967, Ch. 1497.)
  26. 1231.

    ## 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 3. Regulations [1225 - 1234.1] ( Article 3 added by Stats. 1978, Ch. 1147. )

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    Clinics must comply with licensing requirements, but they may use alternate methods or pilot projects only with safe patient care and prior written department approval.

    ## 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 3. Regulations [1225 - 1234.1] ( Article 3 added by Stats. 1978, Ch. 1147. ) ## 1231. (a) All clinics shall maintain compliance with the licensing requirements. These requirements shall not, however, prohibit the use of alternate concepts, methods, procedures, techniques, space, equipment, personnel qualifications, or the conducting of pilot projects, provided these exceptions are carried out with provision for safe and adequate patient care and with prior written approval of the department. A written request and substantiating evidence supporting the request shall be submitted by the applicant or licensee to the state department. Where a licensee submits a single program flexibility request and substantiating evidence on behalf of more than one similarly situated primary care clinic, the department may approve the program flexibility request as to each of the primary care clinics identified in the request. The department shall approve or deny any request within 60 days of submission. This approval shall be in writing and shall provide for the terms and conditions under which the exception is granted. A denial shall be in writing and shall specify the basis therefor. (b) Substantiating evidence of a shortage of a specific health care professional that is submitted in support of a request for utilization of alternatives to personnel requirements contained in regulations adopted under this chapter may include documentation that the clinic is located in a geographic area that is either deemed under federal law, or designated by the Office of Statewide Health Planning and Development, as a medically underserved area, a health professional shortage area, or as serving, in whole or in part, a medically underserved population. (c) If after investigation the department determines that a clinic granted a waiver pursuant to this section is operating in a manner contrary to the terms or conditions of the waiver, the director shall immediately revoke the waiver as to that clinic site. (Amended by Stats. 2003, Ch. 602, Sec. 11. Effective January 1, 2004.)
  27. 1231.5.

    ## 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 3. Regulations [1225 - 1234.1] ( Article 3 added by Stats. 1978, Ch. 1147. )

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    The department may grant exemptions from this chapter to a PACE program, if Section 100315’s requirements are met.

    ## 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 3. Regulations [1225 - 1234.1] ( Article 3 added by Stats. 1978, Ch. 1147. ) ## 1231.5. (a) The department may grant to a PACE program, as defined in Chapter 8.75 (commencing with Section 14591) of Part 3 of Division 9 of the Welfare and Institutions Code, exemptions from the provisions contained in this chapter in accordance with the requirements of Section 100315. (b) This section shall become inoperative if, and on the date that, subdivision (q) of Section 1206 becomes operative, and, as of January 1 immediately following that date, this section is repealed. (Amended by Stats. 2019, Ch. 821, Sec. 3. (AB 1128) Effective January 1, 2020. Conditionally inoperative pursuant to the operation of subdivision (q) of Section 1206. Repealed on January 1 following the inoperative date.)
  28. 123100.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Patient Access to Health Records [123100 - 123149.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    Some people responsible for their own health-care decisions have a right to access complete information about their condition and care.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Patient Access to Health Records [123100 - 123149.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123100. The Legislature finds and declares that every person having ultimate responsibility for decisions respecting his or her own health care also possesses a concomitant right of access to complete information respecting his or her condition and care provided. Similarly, persons having responsibility for decisions respecting the health care of others should, in general, have access to information on the patient’s condition and care. It is, therefore, the intent of the Legislature in enacting this chapter to establish procedures for providing access to health care records or summaries of those records by patients and by those persons having responsibility for decisions respecting the health care of others. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  29. 123105.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Patient Access to Health Records [123100 - 123149.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. )

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    This section defines key terms used in the chapter on patient access to health records.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Patient Access to Health Records [123100 - 123149.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123105. As used in this chapter: (a) “Health care provider” means any of the following: (1) A health facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2. (2) A clinic licensed pursuant to Chapter 1 (commencing with Section 1200) of Division 2. (3) A home health agency licensed pursuant to Chapter 8 (commencing with Section 1725) of Division 2. (4) A physician and surgeon licensed pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code or pursuant to the Osteopathic Act. (5) A podiatrist licensed pursuant to Article 22 (commencing with Section 2460) of Chapter 5 of Division 2 of the Business and Professions Code. (6) A dentist licensed pursuant to Chapter 4 (commencing with Section 1600) of Division 2 of the Business and Professions Code. (7) A psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code. (8) An optometrist licensed pursuant to Chapter 7 (commencing with Section 3000) of Division 2 of the Business and Professions Code. (9) A chiropractor licensed pursuant to the Chiropractic Initiative Act. (10) A marriage and family therapist licensed pursuant to Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code. (11) A clinical social worker licensed pursuant to Chapter 14 (commencing with Section 4990) of Division 2 of the Business and Professions Code. (12) A physical therapist licensed pursuant to Chapter 5.7 (commencing with Section 2600) of Division 2 of the Business and Professions Code. (13) An occupational therapist licensed pursuant to Chapter 5.6 (commencing with Section 2570). (14) A professional clinical counselor licensed pursuant to Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code. (15) A speech-language pathologist or audiologist licensed pursuant to Chapter 5.3 (commencing with Section 2530) of Division 2 of the Business and Professions Code. (16) A physician assistant licensed pursuant to Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code. (17) A nurse practitioner licensed pursuant to Article 8 (commencing with Section 2834) of Chapter 6 of Division 2 of the Business and Professions Code. (b) “Mental health records” means patient records, or discrete portions thereof, specifically relating to evaluation or treatment of a mental disorder. “Mental health records” includes, but is not limited to, all alcohol and drug abuse records. (c) “Patient” means a patient or former patient of a health care provider. (d) “Patient records” means records in any form or medium maintained by, or in the custody or control of, a health care provider relating to the health history, diagnosis, or condition of a patient, or relating to treatment provided or proposed to be provided to the patient. “Patient records” includes only records pertaining to the patient requesting the records or whose representative requests the records. “Patient records” does not include information given in confidence to a health care provider by a person other than another health care provider or the patient, and that material may be removed from any records prior to inspection or copying under Section 123110 or 123115. “Patient records” does not include information contained in aggregate form, such as indices, registers, or logs. (e) “Patient’s representative,” “patient’s personal representative,” or “representative” means any of the following: (1) A parent or guardian of a minor who is a patient. (2) The guardian or conservator of the person of an adult patient. (3) An agent as defined in Section 4607 of the Probate Code, to the extent necessary for the agent to fulfill the duties set forth in Division 4.7 (commencing with Section 4600) of the Probate Code. (4) The beneficiary as defined in Section 24 of the Probate Code or personal representative as defined in Section 58 of the Probate Code, of a deceased patient. (f) “Alcohol and drug abuse records” means patient records, or discrete portions thereof, specifically relating to evaluation and treatment of alcoholism or drug abuse. (Amended by Stats. 2020, Ch. 101, Sec. 1. (AB 2520) Effective January 1, 2021.)
  30. 123110.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Patient Access to Health Records [123100 - 123149.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. )

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    Patients and certain representatives can inspect and obtain copies of patient records, and health care providers must respond within set time limits; some records are free in specified benefit or immigration-related cases.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Patient Access to Health Records [123100 - 123149.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123110. (a) Notwithstanding Section 5328 of the Welfare and Institutions Code, and except as provided in Sections 123115 and 123120, any adult patient of a health care provider, any minor patient authorized by law to consent to medical treatment, and any patient’s personal representative shall be entitled to inspect patient records upon presenting to the health care provider a request for those records and upon payment of reasonable costs, as specified in subdivision (j). However, a patient who is a minor shall be entitled to inspect patient records pertaining only to health care of a type for which the minor is lawfully authorized to consent. A health care provider shall permit this inspection during business hours within five working days after receipt of the request. The inspection shall be conducted by the patient or patient’s personal representative requesting the inspection, who may be accompanied by one other person of their choosing. (b) (1) Additionally, any patient or patient’s personal representative shall be entitled to a paper or electronic copy of all or any portion of the patient records that they have a right to inspect, upon presenting a request to the health care provider specifying the records to be copied, together with a fee to defray the costs of producing the copy or summary, as specified in subdivision (j). The health care provider shall ensure that the copies are transmitted within 15 days after receiving the request. (2) The health care provider shall provide the patient or patient’s personal representative with a copy of the record in the form and format requested if it is readily producible in the requested form and format, or, if not, in a readable paper copy form or other form and format as agreed to by the health care provider and the patient or patient’s personal representative. If the requested patient records are maintained electronically and if the patient or patient’s personal representative requests an electronic copy of those records, the health care provider shall provide them in the electronic form and format requested if they are readily producible in that form and format, or, if not, in a readable electronic form and format as agreed to by the health care provider and the patient or patient’s personal representative. (c) Copies of X-rays or tracings derived from electrocardiography, electroencephalography, or electromyography need not be provided to the patient or patient’s personal representative under this section, if the original X-rays or tracings are transmitted to another health care provider upon written request of the patient or patient’s personal representative and within 15 days after receipt of the request. The request shall specify the name and address of the health care provider to whom the records are to be delivered. All reasonable costs, not exceeding actual costs, incurred by a health care provider in providing copies pursuant to this subdivision may be charged to the patient or representative requesting the copies. (d) (1) Notwithstanding any provision of this section, and except as provided in Sections 123115 and 123120, a patient, employee of a nonprofit legal services entity representing the patient, or the personal representative of a patient, is entitled to a copy, at no charge, of the relevant portion of the patient’s records, upon presenting to the provider a written request, and proof that the records or supporting forms are needed to support a claim or appeal regarding eligibility for a public benefit program, a petition for U nonimmigrant status under the Victims of Trafficking and Violence Protection Act, or a self-petition for lawful permanent residency under the Violence Against Women Act. A public benefit program includes the Medi-Cal program, the In-Home Supportive Services Program, the California Work Opportunity and Responsibility to Kids (CalWORKs) program, Social Security Disability Insurance benefits, Supplemental Security Income/State Supplementary Program for the Aged, Blind and Disabled (SSI/SSP) benefits, federal veterans service-connected compensation and nonservice connected pension disability benefits, CalFresh, the Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants, and a government-funded housing subsidy or tenant-based housing assistance program. (2) Although a patient shall not be limited to a single request, the patient, employee of a nonprofit legal services entity representing the patient, or patient’s personal representative shall be entitled to no more than one copy of any relevant portion of their record free of charge. (3) This subdivision shall not apply to any patient who is represented by a private attorney who is paying for the costs related to the patient’s claim or appeal, pending the outcome of that claim or appeal. For purposes of this subdivision, “private attorney” means any attorney not employed by a nonprofit legal services entity. (e) If a patient, employee of a nonprofit legal services entity representing the patient, or the patient’s personal representative requests a record pursuant to subdivision (d), the health care provider shall ensure that the copies are transmitted within 30 days after receiving the written request. (f) This section shall not be construed to preclude a health care provider from requiring reasonable verification of identity prior to permitting inspection or copying of patient records, provided this requirement is not used oppressively or discriminatorily to frustrate or delay compliance with this section. This section does not supersede any rights that a patient or personal representative might otherwise have or exercise under Section 1158 of the Evidence Code or any other provision of law. This chapter does not require a health care provider to retain records longer than required by applicable statutes or administrative regulations. (g) (1) This chapter shall not be construed to render a health care provider liable for the quality of their records or the copies provided in excess of existing law and regulations with respect to the quality of medical records. A health care provider shall not be liable to the patient or any other person for any consequences that result from disclosure of patient records as required by this chapter. A health care provider shall not discriminate against classes or categories of providers in the transmittal of X-rays or other patient records, or copies of these X-rays or records, to other providers as authorized by this section. (2) Every health care provider shall adopt policies and establish procedures for the uniform transmittal of X-rays and other patient records that effectively prevent the discrimination described in this subdivision. A health care provider may establish reasonable conditions, including a reasonable deposit fee, to ensure the return of original X-rays transmitted to another health care provider, provided the conditions do not discriminate on the basis of, or in a manner related to, the license of the provider to which the X-rays are transmitted. (h) Any health care provider described in paragraphs (4) to (10), inclusive, of subdivision (a) of Section 123105 who willfully violates this chapter is guilty of unprofessional conduct. Any health care provider described in paragraphs (1) to (3), inclusive, of subdivision (a) of Section 123105 that willfully violates this chapter is guilty of an infraction punishable by a fine of not more than one hundred dollars ($100). The state agency, board, or commission that issued the health care provider’s professional or institutional license shall consider a violation as grounds for disciplinary action with respect to the licensure, including suspension or revocation of the license or certificate. (i) This section prohibits a health care provider from withholding patient records or summaries of patient records because of an unpaid bill for health care services. Any health care provider who willfully withholds patient records or summaries of patient records because of an unpaid bill for health care services is subject to the sanctions specified in subdivision (h). (j) (1) Except as provided in subdivision (d), a health care provider may impose a reasonable, cost-based fee for providing a paper or electronic copy or summary of patient records, provided the fee includes only the cost of the following: (A) Labor for copying the patient records requested by the patient or patient’s personal representative, whether in paper or electronic form. (B) Supplies for creating the paper copy or electronic media if the patient or patient’s personal representative requests that the electronic copy be provided on portable media. (C) Postage, if the patient or patient’s personal representative has requested the copy, or the summary or explanation, be mailed. (D) Preparing an explanation or summary of the patient record, if agreed to by the patient or patient’s personal representative. (2) The fee from a health care provider shall not exceed twenty-five cents ($0.25) per page for paper copies or fifty cents ($0.50) per page for records that are copied from microfilm. (Amended by Stats. 2023, Ch. 294, Sec. 31. (SB 815) Effective January 1, 2024.)
  31. 123111.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Patient Access to Health Records [123100 - 123149.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. )

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    A patient who has inspected their records may give the health care provider a written addendum about items they think are incomplete or incorrect, and the provider must attach and include it with certain disclosures.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Patient Access to Health Records [123100 - 123149.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123111. (a) A patient who inspects his or her patient records pursuant to Section 123110 has the right to provide to the health care provider a written addendum with respect to any item or statement in his or her records that the patient believes to be incomplete or incorrect. The addendum shall be limited to 250 words per alleged incomplete or incorrect item in the patient’s record and shall clearly indicate in writing that the patient requests the addendum to be made a part of his or her record. (b) The health care provider shall attach the addendum to the patient’s records and shall include that addendum if the health care provider makes a disclosure of the allegedly incomplete or incorrect portion of the patient’s records to any third party. (c) The receipt of information in a patient’s addendum which contains defamatory or otherwise unlawful language, and the inclusion of this information in the patient’s records, in accordance with subdivision (b), shall not, in and of itself, subject the health care provider to liability in any civil, criminal, administrative, or other proceeding. (d) Subdivision (i) of Section 123110 and Section 123120 are applicable with respect to any violation of this section by a health care provider. (Amended by Stats. 2018, Ch. 275, Sec. 1. (AB 2088) Effective January 1, 2019.)
  32. 123114.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Patient Access to Health Records [123100 - 123149.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. )

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    A health care provider may not charge a patient for help with forms tied to a public benefit claim or appeal, and must provide responsive medical information when the provider has enough information or after an examination if one is needed.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Patient Access to Health Records [123100 - 123149.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123114. (a) A health care provider shall not charge a fee to a patient for filling out forms or providing information responsive to forms that support a claim or appeal regarding eligibility for a public benefit program. (b) A health care provider shall provide information responsive to those portions of the form for which the health care provider has the information necessary to provide a medical opinion. If the health care provider does not have the information necessary to provide a medical opinion, the health care provider may inform the patient if an examination is necessary to obtain the information. (c) If a health care provider conducts an examination pursuant to subdivision (b), the health care provider shall provide information responsive to those portions of the form for which the health care provider has a medical opinion. (d) For the purposes of this section, a public benefit program includes the Medi-Cal program, the In-Home Supportive Services Program, the California Work Opportunity and Responsibility to Kids (CalWORKs) program, Social Security Disability Insurance benefits, Supplemental Security Income/State Supplementary Program for the Aged, Blind and Disabled (SSI/SSP) benefits, federal veterans service-connected compensation and nonservice connected pension disability benefits, discharge of a federal student loan based on total and permanent disability, CalFresh, the Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants, and a government-funded housing subsidy or tenant-based housing assistance program. (e) Notwithstanding any other law, a health care provider may honor a request to disclose a patient record or complete a public benefit form that contains the written or electronic signature of the patient or the patient’s personal representative. (Added by Stats. 2020, Ch. 101, Sec. 3. (AB 2520) Effective January 1, 2021.)
  33. 123115.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Patient Access to Health Records [123100 - 123149.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. )

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    A minor’s representative cannot inspect or copy the minor’s records in certain situations, and providers may refuse access to mental health records if release would create a substantial risk of harm.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Patient Access to Health Records [123100 - 123149.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123115. (a) The representative of a minor shall not be entitled to inspect or obtain copies of the minor’s patient records, including clinical notes, in any of the following circumstances: (1) With respect to which the minor has a right of inspection under Section 123110. (2) When the health care provider determines that access to the patient records requested by the representative would have a detrimental effect on the provider’s professional relationship with the minor patient or the minor’s physical safety or psychological well-being. The decision of the health care provider as to whether or not a minor’s records are available for inspection or copying under this section shall not attach any liability to the provider, unless the decision is found to be in bad faith. (3) When records relate to services described in Section 6924, 6925, 6926, 6927, 6928, 6929, or 6930 of the Family Code, or Section 121020 or 124260 of this code, when obtained by a patient who has the mental capacity to provide consent and is at or above the minimum age for consenting to the service specified in the respective section. (b) When a health care provider determines there is a substantial risk of significant adverse or detrimental consequences to a patient in seeing or receiving a copy of mental health records requested by the patient, the provider may decline to permit inspection or provide copies of the records to the patient, subject to the following conditions: (1) The health care provider shall make a written record, to be included with the mental health records requested, noting the date of the request and explaining the health care provider’s reason for refusing to permit inspection or provide copies of the records, including a description of the specific adverse or detrimental consequences to the patient that the provider anticipates would occur if inspection or copying were permitted. (2) (A) The health care provider shall permit inspection by, or provide copies of the mental health records to, a licensed physician and surgeon, licensed psychologist, licensed marriage and family therapist, licensed clinical social worker, or licensed professional clinical counselor, designated by request of the patient. (B) Any person registered as a marriage and family therapist intern, as defined in Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code, may not inspect the patient’s mental health records or obtain copies thereof, except pursuant to the direction or supervision of a licensed professional specified in subdivision (g) of Section 4980.03 of the Business and Professions Code. Prior to providing copies of mental health records to a registered marriage and family therapist intern, a receipt for those records shall be signed by the supervising licensed professional. (C) Any person registered as a clinical counselor intern, as defined in Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code, may not inspect the patient’s mental health records or obtain copies thereof, except pursuant to the direction or supervision of a licensed professional specified in subdivision (h) of Section 4999.12 of the Business and Professions Code. Prior to providing copies of mental health records to a person registered as a clinical counselor intern, a receipt for those records shall be signed by the supervising licensed professional. (D) A licensed physician and surgeon, licensed psychologist, licensed marriage and family therapist, licensed clinical social worker, licensed professional clinical counselor, registered marriage and family therapist intern, or person registered as a clinical counselor intern to whom the records are provided for inspection or copying shall not permit inspection or copying by the patient. (3) The health care provider shall inform the patient of the provider’s refusal to permit them to inspect or obtain copies of the requested records, and inform the patient of the right to require the provider to permit inspection by, or provide copies to, a licensed physician and surgeon, licensed psychologist, licensed marriage and family therapist, licensed clinical social worker, or licensed professional clinical counselor designated by written authorization of the patient. (4) The health care provider shall indicate in the mental health records of the patient whether the request was made under paragraph (2). (Amended by Stats. 2022, Ch. 888, Sec. 2. (SB 1419) Effective January 1, 2023.)
  34. 123116.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Patient Access to Health Records [123100 - 123149.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. )

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    A psychotherapist must not let a parent or guardian inspect or copy a minor patient’s mental health records when the psychotherapist knows the minor was removed from that parent’s or guardian’s custody, unless a juvenile court order authorizes access. If access is authorized, the parent or guardian must show the court order and follow Section 123110 requirements before access is allowed.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Patient Access to Health Records [123100 - 123149.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123116. (a) Notwithstanding Section 3025 of the Family Code, paragraph (2) of subdivision (c) of Section 56.11 of the Civil Code, or any other provision of law, a psychotherapist who knows that a minor has been removed from the physical custody of his or her parent or guardian pursuant to Article 6 (commencing with Section 300) to Article 10 (commencing with Section 360), inclusive, of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code shall not allow the parent or guardian to inspect or obtain copies of mental health records of the minor patient. This restriction shall not apply if the juvenile court has issued an order authorizing the parent or guardian to inspect or obtain copies of the mental health records of the minor patient after finding that such an order would not be detrimental to the minor patient. (b) For purposes of this section, the following definitions apply: (1) “Mental health records” means mental health records as defined by subdivision (b) of Section 123105. (2) “Psychotherapist” means a provider of health care as defined in Section 1010 of the Evidence Code. (c) When the juvenile court has issued an order authorizing the parent or guardian to inspect or obtain copies of the mental health records of a minor patient under the circumstances described in subdivision (a), the parent or guardian requesting to inspect or obtain copies of the mental health records of the minor patient shall present a copy of the court order to the psychotherapist and shall comply with subdivisions (a) and (b) of Section 123110 before the records may be accessed by the parent or guardian. (d) Nothing in this section shall be construed to prevent or limit a psychotherapist’s authority under subdivision (a) of Section 123115 to deny a parent’s or guardian’s written request to inspect or obtain copies of the minor patient’s mental health records, notwithstanding the fact that the juvenile court has issued an order authorizing the parent or guardian to inspect or obtain copies of the minor patient’s mental health records. Liability for a psychotherapist’s decision not to allow the parent or guardian to inspect or obtain copies of records pursuant to the authority of subdivision (a) of Section 123115 shall be governed by that section. (e) Nothing in this section shall be construed to impose upon a psychotherapist a duty to inquire or investigate whether a child has been removed from the physical custody of his or her parent or guardian pursuant to Article 6 (commencing with Section 300) to Article 10 (commencing with Section 360), inclusive, of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code when a parent or guardian presents the minor’s psychotherapist with a written request to inspect or obtain copies of the minor’s mental health records. (Added by Stats. 2012, Ch. 657, Sec. 2. (SB 1407) Effective January 1, 2013.)
  35. 123120.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Patient Access to Health Records [123100 - 123149.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. )

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    A patient or representative harmed by a violation of Section 123110 may sue the health care provider to enforce that section.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Patient Access to Health Records [123100 - 123149.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123120. Any patient or representative aggrieved by a violation of Section 123110 may, in addition to any other remedy provided by law, bring an action against the health care provider to enforce the obligations prescribed by Section 123110. Any judgment rendered in the action may, in the discretion of the court, include an award of costs and reasonable attorney fees to the prevailing party. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  36. 123125.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Patient Access to Health Records [123100 - 123149.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. )

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    Health care providers do not have to allow inspection or provide copies of certain records when federal law or other confidentiality law prohibits disclosure.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Patient Access to Health Records [123100 - 123149.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123125. (a) This chapter shall not require a health care provider to permit inspection or provide copies of alcohol and drug abuse records where, or in a manner, prohibited by Section 408 of the federal Drug Abuse Office and Treatment Act of 1972 (Public Law 92-255) or Section 333 of the federal Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 (Public Law 91-616), or by regulations adopted pursuant to these federal laws. Alcohol and drug abuse records subject to these federal laws shall also be subject to this chapter, to the extent that these federal laws do not prohibit disclosure of the records. All other alcohol and drug abuse records shall be fully subject to this chapter. (b) This chapter shall not require a health care provider to permit inspection or provide copies of records or portions of records where or in a manner prohibited by existing law respecting the confidentiality of information regarding communicable disease carriers. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  37. 123130.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Patient Access to Health Records [123100 - 123149.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. )

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    A health care provider may give a patient a summary of the record instead of the full record, but if it does, the summary must be provided within 10 working days, or within 30 days at the latest in specified delay cases.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Patient Access to Health Records [123100 - 123149.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123130. (a) A health care provider may prepare a summary of the record, according to the requirements of this section, for inspection and copying by a patient. If the health care provider chooses to prepare a summary of the record rather than allowing access to the entire record, he or she shall make the summary of the record available to the patient within 10 working days from the date of the patient’s request. However, if more time is needed because the record is of extraordinary length or because the patient was discharged from a licensed health facility within the last 10 days, the health care provider shall notify the patient of this fact and the date that the summary will be completed, but in no case shall more than 30 days elapse between the request by the patient and the delivery of the summary. In preparing the summary of the record the health care provider shall not be obligated to include information that is not contained in the original record. (b) A health care provider may confer with the patient in an attempt to clarify the patient’s purpose and goal in obtaining his or her record. If as a consequence the patient requests information about only certain injuries, illnesses, or episodes, this subdivision shall not require the provider to prepare the summary required by this subdivision for other than the injuries, illnesses, or episodes so requested by the patient. The summary shall contain for each injury, illness, or episode any information included in the record relative to the following: (1) Chief complaint or complaints including pertinent history. (2) Findings from consultations and referrals to other health care providers. (3) Diagnosis, where determined. (4) Treatment plan and regimen including medications prescribed. (5) Progress of the treatment. (6) Prognosis including significant continuing problems or conditions. (7) Pertinent reports of diagnostic procedures and tests and all discharge summaries. (8) Objective findings from the most recent physical examination, such as blood pressure, weight, and actual values from routine laboratory tests. (c) This section shall not be construed to require any medical records to be written or maintained in any manner not otherwise required by law. (d) The summary shall contain a list of all current medications prescribed, including dosage, and any sensitivities or allergies to medications recorded by the provider. (e) Subdivision (c) of Section 123110 shall be applicable whether or not the health care provider elects to prepare a summary of the record. (f) The health care provider may charge no more than a reasonable fee based on actual time and cost for the preparation of the summary. The cost shall be based on a computation of the actual time spent preparing the summary for availability to the patient or the patient’s representative. It is the intent of the Legislature that summaries of the records be made available at the lowest possible cost to the patient. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  38. 123135.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Patient Access to Health Records [123100 - 123149.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. )

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    This chapter does not expand access to individual patient records, except as otherwise provided by law.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Patient Access to Health Records [123100 - 123149.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123135. Except as otherwise provided by law, nothing in this chapter shall be construed to grant greater access to individual patient records by any person, firm, association, organization, partnership, business trust, company, corporation, or municipal or other public corporation, or government officer or agency. Therefore, this chapter does not do any of the following: (a) Relieve employers of the requirements of the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code). (b) Relieve any person subject to the Insurance Information and Privacy Protection Act (Article 6.6 (commencing with Section 791) of Chapter 1 of Part 2 of Division 1 of the Insurance Code) from the requirements of that act. (c) Relieve government agencies of the requirements of the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code). (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  39. 123140.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Patient Access to Health Records [123100 - 123149.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. )

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    For records maintained by a state agency, the Information Practices Act of 1977 prevails over this chapter.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Patient Access to Health Records [123100 - 123149.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123140. The Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) shall prevail over this chapter with respect to records maintained by a state agency. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  40. 123145.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Patient Access to Health Records [123100 - 123149.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. )

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    Certain licensed health services providers must keep patient records for at least 7 years after discharge, with a special rule for unemancipated minors.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Patient Access to Health Records [123100 - 123149.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123145. (a) Providers of health services that are licensed pursuant to Sections 1205, 1253, 1575 and 1726 have an obligation, if the licensee ceases operation, to preserve records for a minimum of seven years following discharge of the patient, except that the records of unemancipated minors shall be kept at least one year after the minor has reached the age of 18 years, and in any case, not less than seven years. (b) The department or any person injured as a result of the licensee’s abandonment of health records may bring an action in a proper court for the amount of damage suffered as a result thereof. In the event that the licensee is a corporation or partnership that is dissolved, the person injured may take action against that corporation’s or partnership’s principle officers of record at the time of dissolution. (c) Abandoned means violating subdivision (a) and leaving patients treated by the licensee without access to medical information to which they are entitled pursuant to Section 123110. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  41. 123147.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Patient Access to Health Records [123100 - 123149.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. )

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    Covered health facilities and primary care clinics must record a patient’s principal spoken language in the patient’s health records, unless subdivision (b) applies.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Patient Access to Health Records [123100 - 123149.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123147. (a) Except as provided in subdivision (b), all health facilities, as defined in Section 1250, and all primary care clinics that are either licensed under Section 1204 or exempt from licensure under Section 1206, shall include a patient’s principal spoken language on the patient’s health records. (b) Any long-term health care facility, as defined in Section 1418, that already completes the minimum data set form as specified in Section 14110.15 of the Welfare and Institutions Code, including documentation of a patient’s principal spoken language, shall be deemed to be in compliance with subdivision (a). (Added by Stats. 2005, Ch. 313, Sec. 1. Effective January 1, 2006.)
  42. 123148.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Patient Access to Health Records [123100 - 123149.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. )

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    Patients can get their test results from the health care professional who ordered the test, and electronic disclosure is allowed only with patient request/consent and certain privacy limits.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Patient Access to Health Records [123100 - 123149.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123148. (a) Notwithstanding any other law, a health care professional at whose request a test is performed shall provide or arrange for the provision of the results of a test to the patient who is the subject of the test if so requested by the patient, in oral or written form. The results shall be disclosed in plain language and in oral or written form, except the results may be disclosed in electronic form if requested by the patient unless deemed inappropriate by the health care professional who requested the test. The telephone shall not be considered an electronic form of disclosing test results subject to the limits on electronic disclosure of test results for the purpose of this section. (b) (1) Consent of the patient to receive their test results by internet posting or other electronic means shall be obtained in a manner consistent with the requirements of Section 56.10 or 56.11 of the Civil Code. In the event that a health care professional arranges for the provision of test results by internet posting or other electronic manner, the results shall be disclosed to a patient in a reasonable time period. Access to test results shall be restricted by the use of a secure personal identification number when the results are disclosed to a patient by internet posting or other electronic manner. (2) Paragraph (1) shall not prohibit direct communication by internet posting or the use of other electronic means to disclose test results by a treating health care professional who ordered the test for their patient or by a health care professional acting on behalf of, or with the authorization of, the treating health care professional who ordered the test. (c) When a patient requests access to their test results by internet posting, the health care professional shall advise the patient of any charges that may be assessed directly to the patient or insurer for the service and that the patient may call the health care professional for a more detailed explanation of the laboratory test results when delivered. (d) The electronic disclosure of test results under this section shall be in accordance with any applicable federal law governing privacy and security of electronic personal health records. However, any state statute that governs privacy and security of electronic personal health records, shall apply to test results under this section and shall prevail over federal law if federal law permits. (e) The test results to be reported to the patient pursuant to this section shall be recorded in the patient’s medical record, and shall be reported to the patient within a reasonable time period after the test results are received by the health care professional who requested the test. (f) Notwithstanding subdivision (a), unless the patient requests the disclosure, the health care professional deems this disclosure as an appropriate means, and a health care professional has first discussed in person, by telephone, or by any other means of oral communication, the test results with the patient, in compliance with any other applicable laws, none of the following test results and any other related results shall be disclosed to a patient by internet posting or other electronic means: (1) (A) A positive HIV test, unless an HIV test subject is anonymously tested and the test result is posted on a secure internet website and can only be viewed with the use of a secure code that can access only a single set of test results and that is provided to the patient at the time of testing. The test result shall be posted only if there is no link to any information that identifies or refers to the subject of the test and the information required pursuant to subdivision (h) of Section 120990 is provided. (B) Subparagraph (A) does not prevent the disclosure of HIV test results, including viral load and CD4 count test results, to a patient living with HIV by secure internet website or other electronic means if the patient has previously been informed about the results of a positive HIV test pursuant to the requirements of this section. (2) Presence of antigens indicating a hepatitis infection. (3) Abusing the use of drugs. (4) Test results related to routinely processed tissues and imaging scans that reveal a new or recurrent malignancy. (g) Patient identifiable test results and health information that have been provided under this section shall not be used for any commercial purpose without the consent of the patient, obtained in a manner consistent with the requirements of Section 56.11 of the Civil Code. In no event shall patient identifiable HIV-related test results and health information disclosed in this section be used in violation of subdivision (f) of Section 120980. (h) A third party to whom test results are disclosed pursuant to this section shall be deemed a provider of administrative services, as that term is used in paragraph (3) of subdivision (c) of Section 56.10 of the Civil Code, and shall be subject to all limitations and penalties applicable to that section. (i) A patient may not be required to pay a cost, or be charged a fee, for electing to receive their test results in a manner other than by internet posting or other electronic form. (j) A patient or their physician may revoke consent provided under this section at any time and without penalty, except to the extent that action has been taken in reliance on that consent. (k) As used in this section, “test” applies to both clinical laboratory tests and imaging scans, such as x-rays, magnetic resonance imaging, ultrasound, or other similar technologies. (l) As used in this section, “internet posting” includes posting to an online patient portal. (Amended by Stats. 2022, Ch. 888, Sec. 3. (SB 1419) Effective January 1, 2023.)
  43. 123149.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Patient Access to Health Records [123100 - 123149.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. )

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    Certain health care providers using electronic records must follow extra recordkeeping and security rules.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Patient Access to Health Records [123100 - 123149.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123149. (a) Providers of health services, licensed pursuant to Sections 1205, 1253, 1575, and 1726, that utilize electronic recordkeeping systems only, shall comply with the additional requirements of this section. These additional requirements do not apply to patient records if hard copy versions of the patient records are retained. (b) Any use of electronic recordkeeping to store patient records shall ensure the safety and integrity of those records at least to the extent of hard copy records. All providers set forth in subdivision (a) shall ensure the safety and integrity of all electronic media used to store patient records by employing an offsite backup storage system, an image mechanism that is able to copy signature documents, and a mechanism to ensure that once a record is input, it is unalterable. (c) Original hard copies of patient records may be destroyed once the record has been electronically stored. (d) The printout of the computerized version shall be considered the original as defined in Section 255 of the Evidence Code for purposes of providing copies to patients, the Division of Licensing and Certification, and for introduction into evidence in accordance with Sections 1550 and 1551 of the Evidence Code, in administrative or court proceedings. (e) Access to electronically stored patient records shall be made available to the Division of Licensing and Certification staff promptly, upon request. (f) This section does not exempt licensed clinics, health facilities, adult day health care centers, and home health agencies from the requirement of maintaining original copies of patient records that cannot be electronically stored. (g) Any health care provider subject to this section, choosing to utilize an electronic recordkeeping system, shall develop and implement policies and procedures to include safeguards for confidentiality and unauthorized access to electronically stored patient health records, authentication by electronic signature keys, and systems maintenance. (h) Nothing contained in this chapter shall affect the existing regulatory requirements for the access, use, disclosure, confidentiality, retention of record contents, and maintenance of health information in patient records by health care providers. (i) This chapter does not prohibit any provider of health care services from maintaining or retaining patient records electronically. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  44. 123149.5.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Patient Access to Health Records [123100 - 123149.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. )

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    The section says telehealth medical information is intended to become part of the patient’s medical record kept by the licensed health care provider.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Patient Access to Health Records [123100 - 123149.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123149.5. (a) It is the intent of the Legislature that all medical information transmitted during the delivery of health care via telehealth, as defined in subdivision (a) of Section 2290.5 of the Business and Professions Code, become part of the patient’s medical record maintained by the licensed health care provider. (b) This section shall not be construed to limit or waive any of the requirements of Chapter 1 (commencing with Section 123100) of Part 1 of Division 106 of the Health and Safety Code. (Amended by Stats. 2012, Ch. 782, Sec. 8. (AB 1733) Effective January 1, 2013.)
  45. 123150.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Destruction of Records and Exhibits of Human Health [123150 - 123155] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. )

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    The board of supervisors may allow certain old tuberculosis-related X-ray photographs and case records to be destroyed or sent to a medical library if the listed conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Destruction of Records and Exhibits of Human Health [123150 - 123155] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123150. The board of supervisors may authorize the destruction or the disposition to a public or private medical library of any X-ray photographs and case records that are more than five years old and that were taken by the county health officer in the performance of his or her duties with regard to tuberculosis if any of the following conditions are complied with: (a) The county health officer has determined that the X-ray photographs or a series of X-ray photographs in conjunction with case records do not show the existence of tuberculosis in the infectious stage. (b) The individual of whom the X-ray photographs were taken has been deceased not less than two years or the 102nd anniversary of the individual’s birthdate has occurred and the county health officer cannot reasonably ascertain whether the individual is still living. (c) The place of residence of the individual of whom the X-ray photographs were taken has been unknown to the county health officer for 10 years. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  46. 123155.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Destruction of Records and Exhibits of Human Health [123150 - 123155] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. )

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    County boards of supervisors may acquire, construct, and manage public-health exhibits and displays, and may contract or lease for those activities.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Destruction of Records and Exhibits of Human Health [123150 - 123155] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123155. The board of supervisors of any county, in addition to its other powers and duties may acquire or construct exhibits and displays depicting all or parts of the human body and functions thereof for the purpose of educating the public with regard to human health, and maintain, operate and manage the exhibits and displays in any county or other public building. It may enter into contracts or leases with any other governmental agency or any nonprofit association or corporation, including a county medical association, for the construction and acquisition of the exhibits and displays, and for the maintenance, operation and management of the exhibits and displays in any county or other public building, without consideration except the agreement of the contracting or leasing agency, association or corporation to construct, acquire, maintain, operate and manage the exhibits and displays for the purpose of public health education and upon any other terms and conditions as may be agreed upon by the board and the contracting or leasing agency, association or corporation. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  47. 123175.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. Catastrophic Health Insurance [123175 - 123220] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 8. )

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    This section says catastrophic illness or injury can cause severe financial harm, and the Legislature intends to create a program to inform residents about catastrophic health insurance and make it available through an independent insurer at no cost or liability to the state.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. Catastrophic Health Insurance [123175 - 123220] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123175. The Legislature finds and declares as follows: (a) A catastrophic illness or injury may financially devastate an individual or the family of that individual because of extraordinary medical expenses. It is vitally necessary to the public health and welfare of the State of California that: (1) Its residents not be burdened with those financial costs. Most health insurance policies contain a monetary limitation on the amount of money that can be expended on a particular illness or individual, leaving any balance to be paid by the patient. The state has enacted this chapter to promote the availability of additional insurance to help pay extensive medical costs. (2) The state government not be financially burdened by residents who may become indigent due to these catastrophic health costs. (b) It is the intent of the Legislature in enacting this chapter to institute a program to inform state residents of the need for catastrophic health insurance, and to make this insurance available to residents through an independent insurer at no cost or liability to the state. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  48. 123180.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. Catastrophic Health Insurance [123175 - 123220] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 8. )

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    This section defines key terms used in the chapter, including catastrophic health insurance, resident, insurer, and basic health care services.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. Catastrophic Health Insurance [123175 - 123220] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123180. As used in this chapter: (a) “Catastrophic health insurance” means a supplementary insurance contract that indemnifies a California resident for medical expenses, including at least the costs of the basic health care services that result from an illness, injury, or disease, and that are greater than fifty thousand dollars ($50,000), subject to a lifetime benefit limit of one million dollars ($1,000,000). (b) “Resident” means any individual who lives in California for at least 90 consecutive days. (c) “Insurer” as used in this chapter includes a disability insurer that covers hospital, medical, or surgical expenses, and a nonprofit hospital service plan. (d) “Basic health care services” includes, but is not limited to, the following: (1) Inpatient hospital treatment, including room and board, general nursing services, diagnostic tests, supplies, and other medically necessary services. (2) Outpatient services for surgery, presurgical diagnostic tests, emergency care, and chemotherapy. (3) Surgery and anesthesia. (4) Hospital and office visits and consultations. (5) X-rays and laboratory tests; allergy tests, injections, and sera. (6) Maternity care for the subscriber or enrolled spouse. (7) Psychotherapy. (8) Chemotherapy and radiation therapy. (9) Physical, speech, occupational and respiratory therapies. (10) Prescription drugs. (11) Prostheses and durable medical equipment, such as artificial limbs, hospital beds, and wheelchairs. (12) Cardiac rehabilitation program. (13) Local ambulance service. (14) Alcohol and drug abuse rehabilitation. (15) Rehabilitative care. (16) Outpatient skilled nursing care (up to two hours per day for up to 50 days per calendar year). (17) Home health care and hospice services provided by an approved home health agency or hospice agency. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  49. 123185.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. Catastrophic Health Insurance [123175 - 123220] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The director must, with the Department of Insurance’s consultation and approval, carry out the listed catastrophic health insurance duties.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. Catastrophic Health Insurance [123175 - 123220] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123185. The director shall, in consultation with, and approval of the Department of Insurance, do all of the following: (a) Contract with an insurer or insurers to provide any resident catastrophic health insurance. (b) Inform residents of the availability of catastrophic health insurance. (c) Provide oversight for all contract obligations of the insurer. (d) Approve all advertising and marketing materials used by an insurer in connection with catastrophic health insurance provided under this chapter in order to ensure accuracy and fairness. The advertising standards used shall be those set out in Section 1360. (e) Determine the cost of the oversight function and make provisions to cover all administrative costs. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  50. 123190.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. Catastrophic Health Insurance [123175 - 123220] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The director may appoint a full-time employee and other staff as needed to carry out this chapter.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. Catastrophic Health Insurance [123175 - 123220] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123190. The director may appoint a full-time employee, and other staff as required, to implement this chapter. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  51. 123195.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. Catastrophic Health Insurance [123175 - 123220] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    Catastrophic health insurance contracts do not have to cover a resident’s preexisting condition during the first 10 months, and insurers may not discriminate in underwriting based on age or other demographic factors or preexisting conditions.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. Catastrophic Health Insurance [123175 - 123220] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123195. (a) A contract provided for by this chapter shall not be required to cover a preexisting medical condition of the resident during the first 10 months the resident is covered by catastrophic health insurance provided under this chapter. Charges for a preexisting condition shall not apply toward the deductible during the first 10 months of coverage. Charges for other conditions during that initial period shall apply toward the deductible. (b) The contract shall also prohibit the insurer from discriminating against prospective insureds in their underwriting practices on the basis of demographic factors, such as age, or preexisting medical conditions. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  52. 1232.

    ## 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 3. Regulations [1225 - 1234.1] ( Article 3 added by Stats. 1978, Ch. 1147. )

    Verify source ↗

    Clinics that perform contraceptive sterilization, and their medical staff, may not require special nonmedical qualifications from the person undergoing the procedure.

    ## 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 3. Regulations [1225 - 1234.1] ( Article 3 added by Stats. 1978, Ch. 1147. ) ## 1232. No clinic which permits sterilization operations for contraceptive purposes to be performed therein, nor the medical staff of such clinic, shall require the individual upon whom such a sterilization operation is to be performed to meet any special nonmedical qualifications, which are not imposed on individuals seeking other types of operations in the clinic. Such prohibited nonmedical qualifications shall include, but not be limited to, age, marital status, and number of natural children. Nothing in this section shall prohibit requirements relating to the physical or mental condition of the individual or affect the right of the attending physician to counsel or advise his patient as to whether or not sterilization is appropriate. This section shall not affect existing law with respect to individuals below the age of majority. (Added by Stats. 1978, Ch. 1147.)
  53. 123200.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. Catastrophic Health Insurance [123175 - 123220] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The state is not liable for claims from insurance arrangements under this chapter, and the insurer must pay all claims and indemnify the state.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. Catastrophic Health Insurance [123175 - 123220] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123200. The state is not liable in any way for any claims arising out of an arrangement for insurance established under this chapter. The insurer shall bear the cost of all claims, and shall indemnify the state against all claims and the cost of defending against all claims in connection with an arrangement for catastrophic health insurance established under this chapter. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  54. 123205.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. Catastrophic Health Insurance [123175 - 123220] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The director may contract only with insurers that satisfy listed criteria.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. Catastrophic Health Insurance [123175 - 123220] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123205. The director shall enter into contracts pursuant to subdivision (a) of Section 123185 only with insurers that meet all of the following criteria, as determined by the director: (a) The insurer shall be actuarially sound. (b) The insurer shall be fully self-supported by its policy premiums or charges and investments. (c) The insurer shall use advertising that is accurate. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  55. 123210.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. Catastrophic Health Insurance [123175 - 123220] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The director controls contract length and may terminate contracts in specified circumstances, and must annually certify participating providers while consulting the Department of Insurance.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. Catastrophic Health Insurance [123175 - 123220] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123210. (a) The term of any contract entered into pursuant to subdivision (a) of Section 123185 shall be determined by the director, but shall not exceed three years. (b) The contract shall contain a provision authorizing the director to terminate the contract upon giving 60 days’ written notice to the insurer of any of the following causes for termination: (1) The department has determined that management practices of the insurer or the current financial condition of the insurer interferes with the efficient and timely payment of catastrophic health insurance benefits. (2) Continuing failure of the insurer to timely pay the benefits of its policies of catastrophic health insurance or provide catastrophic health insurance services in accordance with the contract. (3) Other continuing unsatisfactory performance by the insurer under the contract, based upon complaints received from insureds or other sources, if the insurer has failed to take reasonable, effective, and prompt actions to resolve the complaints. (c) The contract shall contain a provision authorizing the director to terminate the contract without cause upon any annual anniversary date of the contract by giving at least 60 days’ notice to the insurer. (d) The director may give up to 120 days’ notice to terminate if it is determined to be in the best interest of plan participants. (e) The director shall annually certify that participating providers meet the conditions of the program. In carrying out this requirement, the director shall consult with the Department of Insurance to obtain any audits performed by those agencies that may be used in evaluating the performance of each provider. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  56. 123215.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. Catastrophic Health Insurance [123175 - 123220] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    Catastrophic health insurance premiums or charges must include an increment to cover the department’s reasonable administrative costs, and insurers must transmit that increment to the department under the contract.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. Catastrophic Health Insurance [123175 - 123220] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123215. Premiums or charges paid for catastrophic health insurance provided pursuant to this chapter shall include an increment to defray the reasonable administrative costs of the department in administering this chapter that shall be transmitted by insurers to the department as provided in the contract. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  57. 123220.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. Catastrophic Health Insurance [123175 - 123220] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The director may adopt regulations changing program coverage if studies or research show the changes are in the program’s best interest.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. Catastrophic Health Insurance [123175 - 123220] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123220. If studies or research demonstrate that it is in the best interest of the program, the director may adopt regulations setting forth modifications to the coverage provided under the program. No modification shall apply to any coverage provided by a policy or contract issued prior to the operative date of the regulation, except that the modification shall apply to coverage provided after any renewal of the policy or contract occurring after the operative date of the regulation. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  58. 123222.1.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 4. Written Materials For Patients [123222.1 - 123222.2] ( Chapter 4 added by Stats. 2002, Ch. 550, Sec. 2. )

    Verify source ↗

    Covered patient materials must be printed in at least 12-point, clear and legible font.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 4. Written Materials For Patients [123222.1 - 123222.2] ( Chapter 4 added by Stats. 2002, Ch. 550, Sec. 2. ) ## 123222.1. (a) Notwithstanding any other provision of law, any printed materials specified in subdivision (b), that are provided to a patient by an employee or authorized agent on behalf of a general acute care hospital, as defined in subdivision (a) of, a skilled nursing facility, as defined in subdivision (c) of, an intermediate care facility as defined in subdivision (d) of, a nursing facility, as defined in subdivision (k) of, Section 1250, or a residential care facility for the elderly, as defined in subdivision ( l) of Section 1569.2, shall be printed in at least a 12-point font that is clear and legible. (b) The section shall apply only to the following: (1) Admission and discharge papers and forms from general acute care hospitals, skilled nursing facilities, intermediate care facilities, and nursing facilities. (2) Medical and therapeutic instructions prepared by the facility specifically for an individual upon his or her discharge from a general acute care hospital, a skilled nursing facility, an intermediate care facility, or a nursing facility. (3) Any contract for consent for hospitalization, or agreement to assume financial responsibility between a patient and any of the facilities specified in paragraph (1). (4) Instructions and forms for advance health care directives, as defined in Section 4605 of the Probate Code. (5) Information produced by the hospital or facility regarding the rights and responsibilities of patients or residents while receiving care at the hospital or facility, and regarding grievances and appeals, including forms and instructions. (6) Correspondence written, printed, or produced by any of the facilities specified in paragraph (1), or a residential care facility for the elderly. (c) Any entity described in paragraph (1) of subdivision (b), and any residential care facility for the elderly, may continue to use its supply of materials that exists on January 1, 2003, until that supply is exhausted or until January 1, 2006, whichever occurs first, and thereafter shall comply with the requirements of this section. (d) The hospital’s or facility’s policies and procedures are specifically excluded from the requirements of this section. (Added by Stats. 2002, Ch. 550, Sec. 2. Effective January 1, 2003.)
  59. 123222.2.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 4. Written Materials For Patients [123222.1 - 123222.2] ( Chapter 4 added by Stats. 2002, Ch. 550, Sec. 2. )

    Verify source ↗

    Facilities and hospitals must ask admitted patients whether they want patient-rights materials given to their next of kin or health-care agent, and must provide those materials if the patient agrees.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 4. Written Materials For Patients [123222.1 - 123222.2] ( Chapter 4 added by Stats. 2002, Ch. 550, Sec. 2. ) ## 123222.2. (a) (1) Upon admission of a patient to a skilled nursing facility, as defined in subdivision (c) of, an intermediate care facility, as defined in subdivision (d) of, or a nursing facility, as defined in subdivision (k) of, Section 1250, the facility shall ask the patient if he or she would like the facility to provide the patient’s next of kin or agent under a durable power of attorney for health care with materials regarding patients’ rights and responsibilities. If the patient states that he or she would like these materials to be provided, the facility shall do so, in accordance with paragraph (2). (2) (A) The materials provided by the facility pursuant to this subdivision shall include a comprehensive Patients’ Bill of Rights, as described in subdivision (d) of Section 1599.61. Until subdivision (d) of Section 1599.61 is fully implemented by the State Department of Health Services, the Patients’ Bill of Rights provided pursuant to this subdivision shall include all of the following: (i) The rights contained in Chapter 3.9 (commencing with Section 1599) of Division 2. (ii) The resident rights applicable to skilled nursing facilities, contained in Section 72527 of Title 22 of the California Code of Regulations. (iii) The resident rights applicable to intermediate care facilities, contained in Section 73523 of Title 22 of the California Code of Regulations. (iv) The resident rights applicable to long-term care facilities under Sections 483.10 to 483.25, inclusive, of Title 42 of the Code of Federal Regulations. (B) The facility may also provide written materials regarding the facility’s expectations of patients and patients’ responsibilities while the patient is receiving care at the facility. This paragraph shall not be construed to require the facility to create any additional written materials regarding the facility’s expectations of patients and patients’ responsibilities. (b) (1) Upon admission of a patient to a general acute care hospital, as defined in subdivision (a) of Section 1250, the hospital shall ask the patient if he or she would like the hospital to provide the patient’s next of kin or agent under a durable power of attorney for health care with materials regarding patients’ rights and responsibilities. If the patient states that he or she would like these materials to be provided, the hospital shall do so, in accordance with paragraph (2). (2) (A) The materials provided by the hospital pursuant to this subdivision shall include a comprehensive Patients’ Bill of Rights, including the regulatory patients’ rights for general acute care hospitals contained in Section 70707 of Title 22 of the California Code of Regulations, and the rights afforded to patients under Section 482.13 of Title 42 of the Code of Federal Regulations. (B) The hospital may also provide written materials regarding the hospital’s expectations of patients and patients’ responsibilities while the patient is receiving care at the hospital. This paragraph shall not be construed to require the hospital to create any additional written materials regarding the hospital’s expectations of patients and patients’ responsibilities. (c) Upon the request of the patient, or of the patient’s next of kin or agent under a durable power of attorney for health care, a representative of any facility or hospital providing patients’ rights information or other documentation described in this section shall explain the materials provided. (d) This section shall not be construed to require the disclosure of patient information that would otherwise be exempt from disclosure. (Added by Stats. 2002, Ch. 550, Sec. 2. Effective January 1, 2003.)
  60. 123223.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 5. Children’s Medical Services Rebate Fund [123223- 123223.] ( Chapter 5 added by Stats. 2004, Ch. 228, Sec. 5. )

    Verify source ↗

    Creates the Children’s Medical Services Rebate Fund in the State Treasury and directs specified rebates and related interest into it for certain program costs.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 1. GENERAL ADMINISTRATION [123100 - 123223] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 5. Children’s Medical Services Rebate Fund [123223- 123223.] ( Chapter 5 added by Stats. 2004, Ch. 228, Sec. 5. ) ## 123223. (a) The Children’s Medical Services Rebate Fund is hereby created as a special fund in the State Treasury. (b) All rebates for the delivery of health care, medical supplies, pharmaceuticals, including blood replacement products, and equipment for clients enrolled in the state funded Genetically Handicapped Persons Program, Chapter 2 (commencing with Section 125125) of Part 5, and the California Children’s Services Program, Article 5 (commencing with Section 123800) of Chapter 3 of Part 2, and, notwithstanding Section 16305.7 of the Government Code, interest earned on these moneys, shall be deposited in the Children’s Medical Services Rebate Fund exclusively to cover costs related to services, and the administration of services, provided through the Genetically Handicapped Persons Program and California Children’s Services Program. (c) Notwithstanding Section 13340 of the Government Code, moneys in the Children’s Medical Services Rebate Fund are continuously appropriated without regard to fiscal year to the State Department of Health Care Services and available for expenditure for those purposes specified under this section. (Amended by Stats. 2015, Ch. 303, Sec. 351. (AB 731) Effective January 1, 2016.)
  61. 123225.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Maternal, Child, and Adolescent Health [123225 - 123260] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department must maintain a maternal and child health program.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Maternal, Child, and Adolescent Health [123225 - 123260] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123225. The department shall maintain a program of maternal and child health. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  62. 123230.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Maternal, Child, and Adolescent Health [123225 - 123260] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department may investigate and share educational information about conditions affecting children’s health in this state.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Maternal, Child, and Adolescent Health [123225 - 123260] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123230. The department may investigate, and disseminate educational information relating to, conditions affecting the health of the children of this state. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  63. 123232.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Maternal, Child, and Adolescent Health [123225 - 123260] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department must create or obtain a brochure about healthy eating and daily activity for pregnant women and new parents, post it on its website, distribute it through specified programs, and make it available in English and Spanish, if funding is available.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Maternal, Child, and Adolescent Health [123225 - 123260] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123232. (a) The department shall develop or obtain a brochure to educate pregnant women and new parents about the important role in maintaining a healthy lifestyle and preventing chronic diseases of both of the following: (1) Eating a diet rich in fruits and vegetables. (2) Staying active every day. (b) The brochure shall address how proper nutrition and exercise help prevent the development of chronic disease in pregnant women, new mothers, and young children. The brochure shall also include information regarding the critical role of fruits and vegetables in a person’s diet, especially as an important source of vitamins and nutrients to new mothers and their breast milk. (c) The department shall include the brochure on the department’s Web site. (d) The brochure shall be distributed as follows: (1) By the department to each individual who contacts the BabyCal program and receives a package of information from the program. (2) By a provider to each participant in the Access for Infants and Mothers (AIM) program one time during the participant’s pregnancy. (e) The brochure shall be available in both English and Spanish. (f) This section shall be implemented only if, and to the extent that, federal or private funding, or both, are available for that purpose. (Added by Stats. 2003, Ch. 879, Sec. 2. Effective October 12, 2003.)
  64. 123235.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Maternal, Child, and Adolescent Health [123225 - 123260] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The program may include health and support services for mothers and children, and the department may use available funds to make grants, contracts, or advance funds for the program.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Maternal, Child, and Adolescent Health [123225 - 123260] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123235. The program may include the provision of educational, preventative, diagnostic and treatment services, including medical care, hospitalization and other institutional care and aftercare, appliances and facilitating services directed toward reducing infant mortality and improving the health of mothers and children. The department may make grants or contracts or advance funds from any funds that are made available for the purposes of the Maternal and Child Health Program Act (Section 27). (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  65. 123240.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Maternal, Child, and Adolescent Health [123225 - 123260] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department must run a pilot program on ambulatory uterine monitoring for Medi-Cal eligible women, limit it to five counties, get federal waivers before implementation, and report the evaluation to the Legislature by September 1, 1990.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Maternal, Child, and Adolescent Health [123225 - 123260] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123240. (a) The Maternal and Child Health Branch of the department shall conduct a pilot project to assess the effectiveness of daily ambulatory uterine monitoring devices and services in reducing preterm births in Medi-Cal eligible women. (b) The department shall implement the pilot program to assess the incidence of preterm births in 1,000 women at high risk of preterm birth, 500 of whom shall be provided daily ambulatory uterine monitoring services between the 23rd and 36th weeks of gestation and 500 of whom shall be provided routine prenatal care augmented by training in palpatation. Women participating in the pilot program shall be Medi-Cal eligible women. To the maximum extent possible these services shall be prescribed by providers participating in other programs administered by the Maternal and Child Health Branch of the department or the comprehensive perinatal program. (c) Women shall be deemed to be at high risk if they have multiple gestation or any two of the following risk factors for preterm labor; uterine malformation, a history of preterm labor or births, cervical incompetence, cervical dilation or effacement, and those patients who have been treated during the current pregnancy for preterm labor. (d) The department shall select five counties to participate in the project, at least one of which shall be a rural county, and shall reimburse providers of ambulatory uterine monitoring services a fee based on reasonable costs. (e) (1) The department shall also contract for an evaluation of the pilot project to ascertain whether use of the ambulatory uterine monitoring services significantly reduces the incidence of preterm births. The evaluation shall compare the experimental and control groups and identify the following for each group: (A) The number of preterm births. (B) The number of hospital days used by the mother prior to delivery. (C) The number of hospital days used by the mother and child after delivery, including neonatal intensive care. (D) The number of children born with developmental disabilities or conditions that may lead to developmental disabilities. (E) The costs of providing prenatal services. (2) The evaluation shall also project the costs associated with the health care provided to the mother and child during the course of the pilot project and, if feasible, shall project the longer term health care costs of children born prematurely, including costs of services provided to the developmentally disabled. (3) The department may enter into the contract on a sole source basis. (f) (1) The pilot project established pursuant to this section shall be considered successful if it shows that the experimental group, when compared to the control group, had all of the following: (A) A 20-percent reduction in the number of premature births. (B) A 20-percent reduction in the number of antepartum hospitalization days. (C) A 20-percent reduction in the number of neonatal intensive care unit days for premature births. (D) A 20-percent reduction in total patient costs. (2) The department shall submit the evaluation to the Legislature by September 1, 1990. (g) (1) The department shall immediately seek any federal waivers necessary to ensure full federal financial participation in the pilot program established pursuant to this section. (2) The department shall not implement the pilot program under this section until necessary federal waivers are received. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  66. 123245.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Maternal, Child, and Adolescent Health [123225 - 123260] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The Maternal and Child Health Program Act (Section 27) does not give power to force compulsory medical or physical examinations of children.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Maternal, Child, and Adolescent Health [123225 - 123260] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123245. The Maternal and Child Health Program Act (Section 27) does not give the power to force compulsory medical or physical examination of children. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  67. 123250.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Maternal, Child, and Adolescent Health [123225 - 123260] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    On request, the department must advise public officers, organizations, and agencies interested in the health and welfare of mothers and children in the state.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Maternal, Child, and Adolescent Health [123225 - 123260] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123250. Upon request the department shall advise all public officers, organizations, and agencies interested in the health and welfare of mothers and children in the state. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  68. 123255.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Maternal, Child, and Adolescent Health [123225 - 123260] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department may run and fund county maternal and child health programs, and counties must submit a plan and budget to be considered for allocation.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Maternal, Child, and Adolescent Health [123225 - 123260] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123255. (a) The department may maintain a maternal and child health program in each county. (b) Notwithstanding any other provision of law, the department may allocate, for the purposes of maintaining a maternal and child health program, to a county an amount determined in a manner as the director shall provide. The total of all county allocations shall not exceed the annual appropriation for this purpose. (c) To be considered for an allocation, the county’s governing board shall submit a plan and budget for the county’s program in accordance with maternal and child health plans and priorities to be approved by the department under Title V of the Public Health Service Act (42 U.S.C. Sec. 701 et seq.). The department shall establish the procedures and format for submission of the plan and budget. The plan shall conform to the department’s maternal and child health priorities that are in accordance with the core public health functions of needs assessment, policy development, and assurance. (d) The department shall establish minimum standards that govern the basis for allocations to counties, including, but not limited to, the services to be provided, administration, staffing, fiscal accountability, and eligibility for services. The department may recoup or withhold all or part of a county’s allocation for failure to comply with those standards. (e) Claims for reimbursement shall be made in a manner as provided by the director for activities provided in accordance with the plan and budget for the fiscal year in which the expenses upon which the claim is based are incurred. (f) There shall be no reimbursement for any of the following: (1) Projects or programs identified unless previously approved by the department as part of the maternal and child health plan. (2) Capital improvements. (3) The purchase or construction of buildings except for the equipment items and remodeling expenses as may be allowed by the department on a case-by-case basis. (g) The department and counties shall maximize the use of federal funds available to implement this section, including using state or county funds to match funds claimable under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.). (h) (1) For purposes of this program, the department shall reimburse a county pursuant to this section in lieu of renewing or commencing a cooperative agreement with a county for the operation of a maternal and child health program. (2) It is the intent of the Legislature that cooperative agreements between the department and a county for the operation of a maternal and child health program pursuant to this section be replaced by the process described in this section beginning with the 1997–98 fiscal year. (Added by Stats. 1997, Ch. 294, Sec. 25. Effective August 18, 1997.)
  69. 123259.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Maternal, Child, and Adolescent Health [123225 - 123260] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The Legislature states its intent to promote Community Centers of Excellence in perinatal health and to direct funding to local health jurisdictions.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Maternal, Child, and Adolescent Health [123225 - 123260] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123259. (a) The Legislature finds and declares that there continues to be a statewide gap between mortality rates for Black infants and those for other population groups. While there have been modest but statistically significant declines in infant mortality generally, including a decline in Black infant mortality, the rate of mortality among Black infants continues to be two to four times higher than the rates for other groups statewide. Furthermore, preterm birth, which is the leading cause for infant death, has increased for the third straight year in California. The social support, stress management, and empowerment model of the Black Infant Health Program is an evidence-informed intervention program designed to reduce Black infant mortality. Other interventions that show promise but do not currently receive state support would enhance the impact of current funding for Black infant health. (b) It is the intent of the Legislature to promote the establishment of Community Centers of Excellence in perinatal health based on public health science concerning the causes of persistent inequality and current best practices to narrow the gap. It is the further intent of the Legislature to direct funding to local health jurisdictions to ensure the leadership and coordination required for widespread and lasting change in public awareness and in public health and clinical practice. (Amended by Stats. 2023, Ch. 174, Sec. 1. (AB 1701) Effective January 1, 2024.)
  70. 123260.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Maternal, Child, and Adolescent Health [123225 - 123260] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The State Department of Public Health must set up the California Perinatal Equity Initiative if funded, and local health jurisdictions that join must follow the article’s terms.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Maternal, Child, and Adolescent Health [123225 - 123260] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123260. (a) Subject to an appropriation in the annual Budget Act for this purpose, the State Department of Public Health shall establish the California Perinatal Equity Initiative to expand the scope of interventions provided under the Black Infant Health Program. The initiative shall foster Community Centers of Excellence in perinatal health and promote the use of interventions designed to fill gaps in current programming offered through the Black Infant Health Program. (b) (1) As part of the initiative described in subdivision (a), the department shall develop a process to allocate funds to up to 15 local health jurisdictions and to work collaboratively with state and local Black Infant Health programs for the purpose of improving Black infant birth outcomes and reducing infant mortality. (2) Participation in the initiative described in subdivision (a) is optional and local health jurisdictions that participate in the program shall agree to the terms of this article. (3) Allocations made pursuant to paragraph (1) shall be used by local health jurisdictions for any of the following purposes: (A) Creating a local grant program to develop local Community Centers of Excellence in perinatal health. Recipients of local grants shall be hospitals, federally qualified health centers, health centers that are closely related to federally qualified health centers, women’s health clinics, county clinics, clinics operated by a private nonprofit organization that qualifies under Section 501(c)(3) of the United States Internal Revenue Code, or community-based organizations that have demonstrated capacity to work with public health and health care systems as well as within the Black community. Recipients of local grants shall implement or expand at least two of the following: (i) An evidence-based or evidence-informed group prenatal care program that has shown promise in reducing the incidence of adverse birth outcomes and that includes, but is not limited to, improvement in health provider preterm birth screening and ongoing, risk-appropriate care for Black women to better identify and prevent preterm births. (ii) Pregnancy intentionality, preconception, and interconception care programs. (iii) Fatherhood or partnership initiatives that support engagement of partners in pregnancy and childbearing. (iv) Evidence-based or evidence-informed home visitation programs inclusive of case management to increase advocacy and empowerment for Black women and to ensure linkages to prenatal care, monitoring, life planning, birth spacing, infant development, and well-being. (v) A strategy that is not described in clauses (i) to (iv), inclusive, that is justified based on local needs and resources, if a local health jurisdiction determines that the strategy combines social interventions with medical interventions, including integration of mental health services in perinatal health care and other wraparound services, including, but not limited to, assessment, personalized case management, doulas, patient navigator services that increase patient empowerment, and access to and utilization of evidence-based interventions that reduce preterm birth and infant mortality, and that the strategy is evidence-based or evidence-informed in relation to reducing adverse birth outcomes. (B) Providing technical assistance to recipients of local grants, and coordinating with local partners, such as hospitals, federally qualified health centers, health centers that are closely related to federally qualified health centers, county clinics, and other community-based organizations. (C) Carrying out local public awareness efforts around birth outcome inequities and the importance of preconception health, group prenatal care, evidence-based interventions to prevent preterm births, and social support during pregnancy, and to promote the role of fathers and partners as supports for women during and after pregnancy. (D) Participating in collaborative statewide learning efforts and sharing best practices. (E) Collecting and reporting data and information on process and outcome measures regarding the programs and activities carried out with allocated funds. (c) The department shall, as part of implementing the initiative, consult with stakeholders, including, but not limited to, representatives of county health departments, current or former participants in the strategies described in subparagraph (A) of paragraph (3) of subdivision (b), health providers, or organizations representing health providers that provide services to improve Black infant health outcomes, advocates, and any appropriate state department or agency. (d) Funds provided to an eligible entity pursuant to this section shall supplement, and not supplant, funds from other sources for infant health equity programs or initiatives. (e) For purposes of this section, “local health jurisdiction” means a county, city, or city and county health department that meets the requirements of Chapter 3 (commencing with Section 101175) of Part 3 of Division 101. (Amended by Stats. 2023, Ch. 174, Sec. 2. (AB 1701) Effective January 1, 2024.)
  71. 123275.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Women, Infants, and Children’s Nutrition [123275 - 123355] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The Legislature states that adequate nutrition is important for children’s health and development and that there is a need for a statewide child nutrition program reaching pregnant women and mothers of infants.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Women, Infants, and Children’s Nutrition [123275 - 123355] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123275. The Legislature finds that medical, educational and psychological evidence increasingly points to adequate nutrition as a determinant not only of good physical health but also of full intellectual development and educational achievement, with adequate nutrition in the earliest months and years being particularly important for full development of the child’s mind and body, that problems of child nutrition cut across income lines and can result not only from low income but also from parental ignorance or neglect and that there is a need for a statewide child nutrition program that has the potential of reaching all pregnant women and mothers of infants. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  72. 123279.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Women, Infants, and Children’s Nutrition [123275 - 123355] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department may set up a WIC farmers’ market nutrition program, and if it does, it must create criteria, authorize local agencies, and design coupon rules for how coupons are issued and used.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Women, Infants, and Children’s Nutrition [123275 - 123355] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123279. (a) It is the intent of the Legislature in adding this section to authorize the establishment of a program designed to implement the federal WIC Farmers’ Market Nutrition Act of 1992 (Public Law 102-314), which is designed to accomplish the following: (1) Provide resources to persons who are nutritionally at risk, in the form of fresh, high-quality agricultural products from certified farmers’ markets, including certified mobile farmers’ markets. (2) Expand the awareness and use of certified farmers’ markets, including certified mobile farmers’ markets, and increase sales at those markets. (b) The department may establish a program designed to implement the federal WIC Farmers’ Market Nutrition Act of 1992. (c) If the program is established, the department shall develop criteria to permit any producer authorized by the department to participate in the program to sell fresh nutritious foods to recipients in exchange for nutrition coupons. (d) If the program is established, the department shall authorize local agencies to distribute nutrition coupons to all recipients, as defined by subdivision (c) of Section 123285 of the Health and Safety Code. (e) If the program is established, the department shall design the nutrition coupon issuance process to ensure that nutrition coupons are bearer-only, nonnegotiable, and nontransferable by the recipient and that they may be redeemed by recipients only to purchase fresh produce and redeemed for reimbursement only by authorized producers. (f) It is the intent of the Legislature that the program established by this section to implement the federal WIC Farmers’ Market Nutrition Act of 1992 (Public Law 102-314) be funded 70 percent by federal funds and 30 percent by private or other funds, as specified by the federal act. (Amended by Stats. 2024, Ch. 915, Sec. 5. (AB 2786) Effective January 1, 2025.)
  73. 123279.1.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Women, Infants, and Children’s Nutrition [123275 - 123355] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    Certified mobile farmers’ markets must meet food facility, registration, licensing, product, and operator requirements, and the state health department must add authorization criteria for WIC participation.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Women, Infants, and Children’s Nutrition [123275 - 123355] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123279.1. (a) For the purposes of this article, a “certified mobile farmers’ market” has the same meaning as defined in Section 113743, subject to paragraph (2) of subdivision (b) of Section 114295. (b) A certified mobile farmers’ market shall meet all of the following requirements: (1) The certified mobile farmers’ market shall be permitted and operated as a mobile food facility under the California Retail Food Code (Part 7 (commencing with Section 113700) of Division 104) and regulations adopted pursuant to that part. (2) The mobile food facility shall be registered with the Department of Food and Agriculture as a certified mobile farmers’ market and comply with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and regulations adopted pursuant to that chapter. (3) An operator of a certified mobile farmers’ market selling agricultural products not of their own production shall be licensed as a produce dealer pursuant to Article 1 (commencing with Section 56101) of Chapter 7 of Division 20 of the Food and Agricultural Code. (4) The certified mobile farmers’ market shall sell agricultural products, including fruits, vegetables, and herbs, that are grown by California producers with a valid certified producer’s certificate pursuant to Article 3 (commencing with Section 47020) of Chapter 10.5 of Division 17 of the Food and Agricultural Code. (5) The certified mobile farmers’ market shall be operated by either a California producer, a local government agency, or a nonprofit organization that is incorporated in California. (c) Following the enactment of this section, at the time of the next state plan submission to the Food and Nutrition Service of the United States Department of Agriculture pursuant to Section 248.4 of Title 7 of the Code of Federal Regulations, the State Department of Public Health shall include criteria to authorize certified mobile farmers’ markets to participate in the WIC Farmers’ Market Nutrition Program. (d) (1) If the state plan is approved as described in subdivision (c), the department shall establish the criteria for authorization of certified mobile farmers’ markets to participate in the WIC Farmers’ Market Nutrition Program in California, consistent with this article and federal requirements set forth in Part 248 (commencing with Section 248.1) of Title 7 of the Code of Federal Regulations. (2) This subdivision shall be implemented only to the extent that any necessary federal approvals are obtained and federal funding is available and not otherwise jeopardized. (Added by Stats. 2024, Ch. 915, Sec. 6. (AB 2786) Effective January 1, 2025.)
  74. 123280.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Women, Infants, and Children’s Nutrition [123275 - 123355] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. )

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    The department may run a statewide WIC nutrition supplement program and must administer the article, adopt needed standards and regulations, and follow federal WIC requirements.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Women, Infants, and Children’s Nutrition [123275 - 123355] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123280. (a) The department may conduct a statewide program for providing nutritional food supplements to low-income pregnant women, low-income postpartum and lactating women, and low-income infants and children under five years of age, who have been determined to be at nutritional risk by a health professional, based on criteria established by the department. Any program established pursuant to this section shall do all of the following: (1) Comply with all the requirements of this article. (2) Be conducted only if a special project is authorized by inclusion in the Budget Act or notification is provided to the Legislature pursuant to Section 28 of the Budget Act, and federal funds are appropriated therefor. (3) Be known as the California Special Supplemental Nutrition Program for Women, Infants, and Children (WIC Program). (b) The department shall administer this article and shall adopt minimum standards and regulations as necessary. (c) In order to be in conformity with federal law and to remain in compliance with federal funding, the department shall adopt all mandatory requirements and guidelines set forth in federal law and federal regulation for the federal Special Supplemental Nutrition Program for the WIC program, including, but not limited to, the Child Nutrition Act of 1966, and the amendments thereto (Chapter 13A (commencing with Section 1786) of Title 42 of the United States Code), Part 246 of Title 7 of the Code of Federal Regulations, and federal memoranda and guidance letters clarifying and interpreting those laws and regulations as the requirements for the WIC Program. In adopting the federal mandatory requirements and guidelines, the department shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The department may adopt these requirements and guidelines by bulletin or similar instruction. (Amended by Stats. 2012, Ch. 787, Sec. 2. (AB 2322) Effective September 29, 2012.)
  75. 123285.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Women, Infants, and Children’s Nutrition [123275 - 123355] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. )

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    This section defines key terms used in the article, including health professional, low income, recipient, nutrition coupon, and the WIC Program.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Women, Infants, and Children’s Nutrition [123275 - 123355] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123285. As used in this article, the following definitions shall apply: (a) “Health professional” means a physician and surgeon, registered nurse, nutritionist, dietitian, or state or local medically trained health official, who is competent to professionally evaluate nutritional need and to authorize supplemental foods, as determined by the state department. (b) “Low income” means an income of not more than 185 percent of the poverty level as determined by the federal poverty income guidelines promulgated by the United States Department of Health and Human Services. (c) “Recipient” means low-income pregnant women, low-income post partum and lactating women, and low-income infants and children under five years of age, who are determined to be at nutritional risk by a health professional, based on criteria established by the state department. (d) “Nutrition coupon” means a check that is limited as to value, food type, and food quantity and that has a limited period of validity. (e) “WIC Program” means the California Special Supplemental Nutrition Program for Women, Infants, and Children. (Amended by Stats. 2012, Ch. 787, Sec. 3. (AB 2322) Effective September 29, 2012.)
  76. 123290.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Women, Infants, and Children’s Nutrition [123275 - 123355] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. )

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    The department must set and run program rules for nutrition services, including eligibility, food delivery, smoking-cessation components, and related administrative procedures.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Women, Infants, and Children’s Nutrition [123275 - 123355] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123290. The department, under any program established pursuant to this article, shall do all of the following: (a) Establish guidelines to determine resource allocation giving consideration to an area’s nutritional need. (b) Designate the counties within which a program will be conducted, with the approval of those counties. (c) Establish the minimum nutritional requirements for recipients. (d) Designate specific supplemental foods to meet the minimum nutritional requirements for recipients. (e) Develop and maintain a system for the delivery of supplemental foods to recipients through the distribution of supplemental foods designated in subdivision (d) and nutrition coupons when other methods of delivery are impractical. (f) (1) Develop and coordinate a smoking cessation component of program operations, with consideration of local agency plans, needs, and available tobacco education resources. (2) In consultation with the directors of local agencies and with other individuals with expertise in the field of smoking cessation, identify and promulgate a strategy for smoking cessation in the state plan of operation and administration of the WIC program, including, but not limited to all of the following: (A) Designating an agency staff member to coordinate smoking cessation efforts. (B) Providing training on smoking cessation and tobacco education to designated staff members of local agencies who are responsible for counseling participants in the program. (3) Develop and implement procedures to ensure that tobacco use screening and education, including, but not limited to, smoking cessation counseling and referrals where appropriate, are offered to all participants. (g) (1) Establish guidelines and criteria to be used by participating local agencies, when determining recipient eligibility, that require, in addition to a recipient being a low-income pregnant woman, or a low-income postpartum and lactating woman, or a low-income infant or child under five years of age, that the recipient be at nutritional risk. (2) A health professional on the staff of the local agency shall determine if a person is at nutritional risk through a medical or nutritional assessment. This determination may be based on referral data submitted by a health professional not on the staff of the local agency. The person’s height or length and weight shall be measured, and a hematological test for anemia, such as a hemoglobin or hematocrit test, shall be performed. However, the tests shall not be required for infants under six months of age. In addition, the blood test shall not be required for children who were determined to be within the normal range at their last program certification. However, the blood test shall be performed on the children at least once a year. A breastfeeding woman may be certified if the child she is breastfeeding is determined to be at nutritional risk and the woman meets the income eligibility criteria. (h) Operate the program as an adjunct to existing health services. (i) Seek federal funds to carry out this article. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  77. 123295.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Women, Infants, and Children’s Nutrition [123275 - 123355] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. )

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    Specified facilities and persons must grant nutrition coupons for one month’s nutritional needs to a recipient when a physician or other health professional has made a written finding of nutritional need.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Women, Infants, and Children’s Nutrition [123275 - 123355] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123295. Nutrition coupons in an amount sufficient to meet the nutritional needs of a recipient for one month shall be granted to a recipient by facilities and persons referred to in subdivision (g) of Section 123290 upon the written finding of nutritional need by the recipient’s physician or other health professional. (Amended by Stats. 1997, Ch. 97, Sec. 8. Effective July 21, 1997.)
  78. 1233.

    ## 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 3. Regulations [1225 - 1234.1] ( Article 3 added by Stats. 1978, Ch. 1147. )

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    A surgical clinic may limit facility use to its medical staff and to other physicians and surgeons approved by that medical staff.

    ## 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 3. Regulations [1225 - 1234.1] ( Article 3 added by Stats. 1978, Ch. 1147. ) ## 1233. A surgical clinic may restrict use of its facilities to members of the medical staff of the surgical clinic and other physicians and surgeons approved by the medical staff to practice at the clinic. (Added by Stats. 1979, Ch. 1186.)
  79. 1233.5.

    ## 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 3. Regulations [1225 - 1234.1] ( Article 3 added by Stats. 1978, Ch. 1147. )

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    A licensed clinic board of directors and its medical director must adopt written patient-screening policies for detecting spousal or partner abuse by June 30, 1995.

    ## 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 3. Regulations [1225 - 1234.1] ( Article 3 added by Stats. 1978, Ch. 1147. ) ## 1233.5. By June 30, 1995, a licensed clinic board of directors and its medical director shall establish and adopt written policies and procedures to screen patients for purposes of detecting spousal or partner abuse. The policies shall include procedures to accomplish all of the following: (a) Identifying, as part of its medical screening, spousal or partner abuse among patients. (b) Documenting in the medical record patient injuries or illnesses attributable to spousal or partner abuse. (c) Providing to patients who exhibit signs of spousal or partner abuse a current referral list of private and public community agencies that provide, or arrange for, the evaluation, counseling, and care of persons experiencing spousal or partner abuse, including, but not limited to, hot lines, local domestic violence shelter-based programs, legal services, and information about temporary restraining orders. (d) Designating licensed clinical staff to be responsible for the implementation of these guidelines. It is the intent of the Legislature that clinics, for purposes of satisfying the requirements of this section, adopt guidelines similar to those developed by the American Medical Association regarding domestic violence detection and referral. The Legislature recognizes that while guidelines evolve and change, the American Medical Association’s guidelines may serve, at this time, as a model for clinics to follow. (Amended by Stats. 2022, Ch. 197, Sec. 9. (SB 1493) Effective January 1, 2023.)
  80. 123300.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Women, Infants, and Children’s Nutrition [123275 - 123355] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. )

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    The department may investigate whether it is feasible to contract with banks to redeem nutrition coupons.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Women, Infants, and Children’s Nutrition [123275 - 123355] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123300. The department may, under any program established pursuant to this article, investigate the feasibility of contracting with one or more banks in the area served by the program for the redemption of nutrition coupons. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  81. 123302.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Women, Infants, and Children’s Nutrition [123275 - 123355] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. )

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    The department may design, implement, and fund an EBT system for the WIC program, but it cannot implement the system until a feasibility study is completed and annual Budget Act funding is provided.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Women, Infants, and Children’s Nutrition [123275 - 123355] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123302. (a) (1) Notwithstanding any other law, the department may design, implement, and fund an electronic benefits transfer (EBT) system for the California Special Supplemental Food Program for Women, Infants, and Children. Sections 10066, 10067, and 10068 of, and subdivision (m) of Section 10072 of, the Welfare and Institutions Code, shall apply to the administration of this section. (2) The department shall not implement any EBT system authorized by this section until the department completes a feasibility study, and funding for the system is provided in the annual Budget Act. (b) The department shall seek the advice of the Electronic Benefits Transfer Committee, created by Section 10067 of the Welfare and Institutions Code, in implementing this section, and shall obtain the approval of the United States Department of Agriculture, which is the federal governing agency, prior to the establishment of any EBT system. (c) The department shall develop a plan to determine the feasibility of implementing an EBT system for the California Special Supplemental Food Program for Women, Infants, and Children by January 1, 2003, and shall report its findings to the Legislature by July 1, 2003. (Amended by Stats. 2014, Ch. 720, Sec. 2. (AB 1614) Effective January 1, 2015.)
  82. 123305.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Women, Infants, and Children’s Nutrition [123275 - 123355] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. )

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    The department may collect data for programs under this article to assess whether a supplemental nutritional program is needed and should continue for recipients under the article.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Women, Infants, and Children’s Nutrition [123275 - 123355] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123305. The department, under any program established pursuant to this article, may collect data to determine the need for and the continuation of a supplemental nutritional program for recipients under this article. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  83. 123310.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Women, Infants, and Children’s Nutrition [123275 - 123355] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. )

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    The department must authorize retail food vendors by written agreement to accept nutrition coupons and reimbursement, and it must set criteria for limiting how many vendors it approves.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Women, Infants, and Children’s Nutrition [123275 - 123355] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123310. The department, under any program established pursuant to this article, shall authorize retail food vendors, by written agreement, to accept nutrition coupons and reimbursement according to the system developed by the department. The department shall authorize an appropriate number and distribution of food vendors in order to ensure adequate participant convenience and access and to ensure that state or local officials can effectively manage review of authorized food vendors in their jurisdictions. The department shall establish criteria to limit the number of retail food vendors with which the department enters into agreements. The criteria, at a minimum, shall include: (a) The prices the vendor charges for foods in relation to other vendors in its peer group. For purposes of this subdivision, “peer group” means a group of vendors with similar characteristics that may include, but shall not be limited to, any or all of the following: (1) Geographic location of the store. (2) Store size. (3) Type of store. (4) Number of cash registers. (5) Sales volume relating to any program established pursuant to this article. (6) Gross sales volume. (7) Inventory. (8) Other vendor characteristics established by the department. (b) The ability of the department to ensure that authorized supplemental foods will be provided through in-store compliance purchases. (c) The adequacy of the shelf stock of the authorized supplemental foods. (d) Past performance of the vendor in compliance with this article and with CalFresh. (Amended by Stats. 2011, Ch. 227, Sec. 13. (AB 1400) Effective January 1, 2012.)
  84. 123312.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Women, Infants, and Children’s Nutrition [123275 - 123355] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. )

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    The department must set criteria and actions for starting a moratorium on new WIC retail food vendor location applications, give vendors at least 30 days’ notice, and seek needed federal approvals. It may use a vendor bulletin instead of formal regulatory action in this context.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Women, Infants, and Children’s Nutrition [123275 - 123355] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123312. (a) The department shall specify the criteria the department shall use and the actions the department shall take when initiating a moratorium on new WIC Program retail food vendor location applications. Notwithstanding any other provision of law, the department may, without taking regulatory action pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, implement, interpret, or make specific this section by means of a vendor bulletin when initiating a moratorium on new WIC Program retail food vendor location applications. (b) A vendor bulletin initiating a moratorium, at a minimum, shall include all of the following: (1) The reason for, and the maximum duration of, a moratorium. (2) An action plan with specific steps the department plans to take by the identified end date of the moratorium that addresses the reason or need for the moratorium. The department shall make this information, including any changes to the action plan, available to the public by posting this information on the department’s Internet Web site and through other forms of electronic communication. (3) Exceptions for processing applications during the moratorium period, including the processing of a retail food vendor’s application to add a specific store location to a current master vendor agreement if the department received the vendor’s completed application for that store location prior to the effective date of the moratorium. (c) The department shall provide retail food vendors with a minimum of 30 days’ notice prior to the effective date of, or extension of, a moratorium. (d) The department shall seek any federal approvals necessary to implement this section. (e) Moratoriums required by federal directive shall not be subject to the requirements of this section. (Added by Stats. 2012, Ch. 787, Sec. 4. (AB 2322) Effective September 29, 2012.)
  85. 123315.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Women, Infants, and Children’s Nutrition [123275 - 123355] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. )

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    The department must make authorized vendors follow nutrition-coupon redemption, deposit, recordkeeping, and compliance rules, and it must adopt implementing regulations.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Women, Infants, and Children’s Nutrition [123275 - 123355] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123315. (a) The department, under any program established pursuant to this article, shall ensure that, at a minimum, the authorized vendor shall do all of the following: (1) Redeem nutrition coupons only from persons bearing appropriate identification provided by the department. (2) Redeem nutrition coupons for only those foods specified thereon. (3) Redeem nutrition coupons at an amount that is the same as, or lesser than, that charged other customers for identical foods. (4) Redeem and deposit nutrition coupons during specified valid periods. (5) Deposit the nutrition coupons directly in the vendor’s bank account and not transfer them for cash payment, credit, or any other benefit to any party other than the vendor’s bank or the state. (6) Maintain for a period of at least three years records that shall include, but not be limited to, all of the following: (A) Inventory records showing all purchases, both wholesale and retail, in the form of invoices that identify the quantity and prices of specified authorized supplemental foods. (B) Sales and use tax returns. (C) Books of account. (D) Other pertinent records that the department determines are necessary to substantiate the volume and prices charged to the state department through the nutrition coupons redeemed by the vendor. (7) Accept up to the maximum allowable department reimbursement as payment in full for the maximum allowable quantity of food listed on the food instrument. (8) Comply with department rules of vendor authorization, reimbursement, and monitoring that control program food costs, maximize participant access, and ensure program integrity. (b) The department shall adopt regulations to implement this section and Section 123310 in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of any emergency regulations on or after January 1, 2000, shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. Emergency regulations adopted pursuant to this section shall remain in effect for no more than 180 days. (Amended by Stats. 1999, Ch. 21, Sec. 3. Effective May 4, 1999.)
  86. 123320.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Women, Infants, and Children’s Nutrition [123275 - 123355] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department must inform retail food vendors about specified guidelines, put them in the written vendor agreement, print required redemption details on each coupon, provide the information in an optical-scanning-readable form when feasible, and report feasibility and costs to the Legislature by March 15, 2002.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Women, Infants, and Children’s Nutrition [123275 - 123355] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123320. (a) The department shall inform the retail food vendors of, and include in the written agreement with the vendors, guidelines consistent with Section 123315, and shall print on each coupon the following: (1) Specific supplemental foods and the quantities thereof for which the coupon may be redeemed. (2) The period of validity of the nutrition coupon. (3) The maximum value for which the nutrition coupon may be redeemed. (b) To the extent feasible, the information required pursuant to subdivision (a) shall be provided in a form that may be read by optical scanning technology readily available to vendors. The department shall, no later than March 15, 2002, report to the Legislature on the feasibility and costs of providing the information in this form. This subdivision shall be implemented only to the extent that funds for its purposes are appropriated in the annual Budget Act or another statute. (Amended by Stats. 2001, Ch. 842, Sec. 3. Effective January 1, 2002.)
  87. 123322.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Women, Infants, and Children’s Nutrition [123275 - 123355] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department must set WIC vendor and food requirements, give public notice and stakeholder consultation before changes, and online-shopping vendors must keep a fixed physical location in California.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Women, Infants, and Children’s Nutrition [123275 - 123355] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123322. (a) In order to effectively manage and administer the federal and state requirements for the vendors in the WIC Program, and remain in compliance with the conditions of federal funding, the department shall establish requirements for all of the following: (1) Retail food delivery systems, as set forth in Section 246.12 of Title 7 of the Code of Federal Regulations, including, but not limited to, all of the following: (A) Peer groups and a corresponding reimbursement system. (B) Criteria used for vendor authorization and management. (C) Online shopping. (2) The WIC Program authorized foods. (b) Notwithstanding any other law, including the requirement in Section 123315 for enacting regulations to implement that section, Section 123310, and 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 this section, in whole or in part, by means of all-county letters, plan letters, information notices, provider bulletins, or other similar instructions, without taking any further regulatory action. The department shall provide notice to, and consult with, affected stakeholders, including vendors, manufacturers, local agencies, participants, advocates, consumer groups, and their respective associations, in the process of implementing, interpreting, or making specific this statute, and meet all of the following requirements: (1) The notice shall be provided electronically to the stakeholders identified in this subdivision and shall also be posted on the program’s internet website. The notice shall state the reason for the change, the authority for the change, and the nature of the change. The notice shall provide opportunity for written comment by indicating the address to which to send the comment. The address may be an electronic site. The notice shall allow for at least 20 calendar days for comments to be submitted. The notice shall also provide the date of a consultation meeting with a stakeholder workgroup consisting of, but not limited to, representatives of stakeholder associations, stakeholder representatives, and consumer groups, to ensure stakeholder participation in the implementation of this section. (2) The department shall consider all comments submitted before the due date, though it may withdraw the proposed action at any time by notification on its internet website or notification by electronic means. Unless the department withdraws the action, it shall publish the final action on its internet website no later than 180 days after the consultation with stakeholders or the last day for comments, whichever is later. If the department fails to issue a final action within 180 days from the consultation with stakeholders or the last day for comments, whichever is later, the proposed action will be deemed withdrawn. The department may finalize a proposed action that has been withdrawn by renoticing the proposed action for comment pursuant to paragraphs (1) to (3), inclusive. (3) The department shall provide at least 30 days’ advance notice of the final action. In the final action, the department shall respond to the comments received. (4) WIC authorized vendors approved for online shopping shall maintain a fixed physical location in California. (5) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may modify or repeal WIC Program requirements set forth in Title 22 of the California Code of Regulations pursuant to this section by bulletin or similar instruction, without taking further regulatory action, if the modification or repeal is filed with the Secretary of State and printed in Title 22 of the California Code of Regulations. (6) (A) The department shall establish a process to collect stakeholder feedback regarding the impact of the final action taken pursuant to the amendments to this section resulting from the Budget Act of 2024 or related trailer bill. (B) To the extent feasible within existing resources, the department shall regularly monitor the impact that online purchases made through the WIC Program have on reducing barriers to healthy food for people who live in food deserts as well as the impact that online WIC purchases have on increasing the size of food deserts or the number of food deserts in California. (Amended by Stats. 2024, Ch. 40, Sec. 20. (SB 159) Effective June 29, 2024.)
  88. 123325.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Women, Infants, and Children’s Nutrition [123275 - 123355] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    Some food vendors and other persons are subject to federal WIC sanctions if they knowingly overcharge coupon redemptions, give value other than the specified foods, or fail to keep inventory records; the department may disqualify a vendor already disqualified from CalFresh.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Women, Infants, and Children’s Nutrition [123275 - 123355] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123325. A retail food vendor or any other person who knowingly redeems coupons in excess of the price charged other customers for identical foods, or who provides anything of value other than the specified foods, or who fails to provide inventory records to substantiate purchases for resale of authorized supplemental foods is subject to all sanctions set forth in federal regulation for the Special Supplemental Food Program for Women, Infants, and Children, that is provided for in Section 246 and following of Title 7 of the Code of Federal Regulations. The department may disqualify a food vendor who is currently disqualified from CalFresh. (Amended by Stats. 2011, Ch. 227, Sec. 14. (AB 1400) Effective January 1, 2012.)
  89. 123327.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Women, Infants, and Children’s Nutrition [123275 - 123355] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department must notify a retail food vendor in writing when an initial violation is found, and the notice must be sent within 30 days after the first investigation is complete.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Women, Infants, and Children’s Nutrition [123275 - 123355] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123327. (a) The department shall provide written notice to a retail food vendor if the department determines that the vendor has committed an initial violation for which a pattern of the violation must be established to impose a sanction. Notice shall be provided no later than 30 days after the department determines the first investigation that identified the violation is complete. (b) The written notice shall be delivered to the vendor 30 days before the department conducts a second investigation for purposes of establishing a pattern of the violation to the vendor’s most recent business ownership address on file with the department or to the vendor location upon identification of a violation during vendor monitoring, as defined by Section 40743 of Title 22 of the California Code of Regulations. (c) The written notice shall include a description of the initial violation and may include information to assist the vendor to take corrective action, including, but not limited to, a 60-day window that includes the date of the violation. (d) For purposes of this section, “violation” means a violation set forth in Section 246.2 of Title 7 of the Code of Federal Regulations. (e) It is the intent of the Legislature in enacting this section to clarify existing law. (Amended by Stats. 2013, Ch. 76, Sec. 126. (AB 383) Effective January 1, 2014.)
  90. 123330.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Women, Infants, and Children’s Nutrition [123275 - 123355] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    People who embezzle, misapply, steal, or fraudulently obtain funds or benefits under this article are subject to federal WIC penalties.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Women, Infants, and Children’s Nutrition [123275 - 123355] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123330. Any person or persons who have embezzled, willfully misapplied, stolen, or fraudulently obtained funds or benefits pursuant to this article shall be subject to the penalties set forth in federal regulations for the Special Supplemental Food Program for Women, Infants, and Children, that is provided for in Section 246 and following of Title 7 of the Code of Federal Regulations. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  91. 123335.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Women, Infants, and Children’s Nutrition [123275 - 123355] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    Department officers, employees, or agents may enter a vendor’s place of business to check food prices, observe or investigate procedures, conduct financial audits, or assess compliance with the article and vendor agreement.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Women, Infants, and Children’s Nutrition [123275 - 123355] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123335. Any officer, employee, or agent of the department may enter the place of business of any vendor transacting nutrition coupons to verify food prices, to witness or investigate procedures, to conduct financial audits, or to otherwise determine compliance of the vendor with this article and the vendor agreement. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  92. 123340.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Women, Infants, and Children’s Nutrition [123275 - 123355] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The director may file a certificate to recover unpaid overpayment amounts, and the county clerk must enter judgment once it is filed.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Women, Infants, and Children’s Nutrition [123275 - 123355] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123340. (a) Except as provided in subdivision (c), if any amount is due and payable and unpaid as a result of an overpayment to a vendor or local agency established under this article that is identified through an audit or examination conducted by or on behalf of the director and the department has issued an audit or examination finding, or an administrative decision resulting from an administrative appeal of the audit or examination finding that has become final, the director may file in the office of the County Clerk of Sacramento County and with the county clerk of the county in which the vendor has his or her principal place of business, a certificate containing the following: (1) The amount due and owing and unpaid plus the applicable interest at a rate equal to the monthly average of the rate received on investments in the Pooled Money Investment Fund commencing on the date that an audit or examination finding, made pursuant to Section 316.5 is mailed to the vendor or local agency. (2) A statement that the director has complied with this article prior to the filing of the certificate. (3) A request that judgment be entered against the vendor or local agency in the amount set forth in the certificate. The county clerk immediately upon the filing of the certificate, shall enter a judgment for the State of California against the vendor or local agency in the amount set forth in the certificate. Notwithstanding any provision of law to the contrary, the Special Supplemental Food Program for Women, Infants, and Children shall pay the normal fee charged by the county for the certificate of judgment. Nothing in this subdivision shall prevent the director from using any other means available in law to recover amounts due and owing and unpaid from the vendor or local agency. (b) The dates when the department may file the certificate and seek judgment from the county clerk, as provided in subdivision (a), depends on whether the audit finding is appealed by the vendor or local agency. (1) If the audit finding or lower level administrative decision is not appealed, the department may file the certificate the day after the end of the appeal period or anytime thereafter, but not later than three years after the payment became due and owing. (2) If the audit finding or lower level administrative decision is appealed to the director, the department may file the certificate no earlier than 90 days after the issuance of the final decision by the director, but no later than three years after the issuance of the final decision. (c) If the vendor seeks judicial review of the final decision of the director pursuant to Section 1094.5 of the Code of Civil Procedure, and notice of the action is properly served on the director within 90 days of the issuance of the final decision, the department shall not file any certificate as provided in subdivision (a). If the vendor does not seek judicial review of the final decision of the director or does not properly serve notice within 90 days from the date of the final decision of the director, the department may file the certificate and obtain judgment pursuant to subdivision (a). (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  93. 123345.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Women, Infants, and Children’s Nutrition [123275 - 123355] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    An abstract of judgment may be recorded with a county recorder, creating a lien on the vendor’s property.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Women, Infants, and Children’s Nutrition [123275 - 123355] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123345. An abstract of judgment obtained pursuant to subdivisions (a) and (b) of Section 123340 or a copy thereof may be recorded with the county recorder of any county. From the time of recording, the judgment shall constitute a lien upon all real or personal property owned by the vendor at the time, or that the vendor may afterwards, but before the lien expires, acquire. The lien shall have the force, effect, and priority of a judgment lien and shall continue for 10 years from the time of recording of the abstract of judgment obtained pursuant to subdivisions (a) and (b) of Section 123340 unless sooner released or otherwise discharged. The lien may, within 10 years from the date of recording of the abstract of judgment or within 10 years from the date of the last extension of the lien in the manner herein provided, be extended by recording a new abstract in the office of the county recorder of any county. From the date of the recording the lien shall be extended for 10 years unless sooner released or otherwise discharged. (Amended by Stats. 1997, Ch. 97, Sec. 9. Effective July 21, 1997.)
  94. 123350.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Women, Infants, and Children’s Nutrition [123275 - 123355] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department must arrange periodic audits of participating local agencies.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Women, Infants, and Children’s Nutrition [123275 - 123355] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123350. The department shall arrange for the conduct of periodic audits of participating local agencies. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  95. 123355.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Women, Infants, and Children’s Nutrition [123275 - 123355] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department must provide a hearing procedure for appeals by food vendors or local agencies from adverse actions affecting their participation in the WIC program.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Women, Infants, and Children’s Nutrition [123275 - 123355] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123355. The department shall provide a hearing procedure whereby any food vendor or local agency may appeal any adverse action taken by the department affecting the vendor’s or local agency’s participation in the California Supplemental Food Program for Women, Infants, and Children. The hearing procedure shall be in accordance with the requirements of the federal regulations for the Special Supplemental Food Program for Women, Infants, and Children, that is contained in Section 246 et seq. of Title 7 of the Code of Federal Regulations. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  96. 123360.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Breast Feeding [123360 - 123367] ( Heading of Article 3 renumbered from Article 3.35 (and relocated from Chapter 2 of Part 1 of Division 1) by Stats. 1996, Ch. 1023, Sec. 113. )

    Verify source ↗

    The State Department of Public Health must promote mothers’ breast-feeding in its public service campaign and develop and share model training materials for hospitals.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Breast Feeding [123360 - 123367] ( Heading of Article 3 renumbered from Article 3.35 (and relocated from Chapter 2 of Part 1 of Division 1) by Stats. 1996, Ch. 1023, Sec. 113. ) ## 123360. (a) The State Department of Public Health shall include in its public service campaign the promotion of mothers breast-feeding their infants. (b) The department shall develop a model eight-hour training course of hospital policies and recommendations that promote exclusive breast-feeding, incorporating available materials already developed by the department, and shall specify hospital staff for whom this model training is appropriate. The department shall also provide the model training materials to hospitals, upon request. (Amended by Stats. 2007, Ch. 460, Sec. 3. Effective January 1, 2008.)
  97. 123361.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Breast Feeding [123360 - 123367] ( Heading of Article 3 renumbered from Article 3.35 (and relocated from Chapter 2 of Part 1 of Division 1) by Stats. 1996, Ch. 1023, Sec. 113. )

    Verify source ↗

    The State Department of Public Health must start expanding the breast-feeding peer counseling program at local WIC sites by July 1, 2008, but only if specified non-USDA federal funds or private donations are available.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Breast Feeding [123360 - 123367] ( Heading of Article 3 renumbered from Article 3.35 (and relocated from Chapter 2 of Part 1 of Division 1) by Stats. 1996, Ch. 1023, Sec. 113. ) ## 123361. To the extent that non-United States Department of Agriculture (USDA) federal funds and private grants or donations are made available for this purpose, the State Department of Public Health shall, no later than July 1, 2008, begin expansion of the breast-feeding peer counseling program at local agency California Special Supplemental Food Program for Women, Infants, and Children (WIC) sites. Plans for the expansion of the program shall take into account local WIC agency program models that have demonstrated the greatest improvement in breast-feeding rates, including exclusive breast-feeding rates. Program expansion shall be contingent upon the availability of non-USDA federal funds and private grants or donations being made available for this purpose. Nothing in this section shall impact USDA federal funding for the WIC Supplemental Food Program or the breast-feeding peer counseling program at local agency WIC sites. (Added by Stats. 2007, Ch. 460, Sec. 4. Effective January 1, 2008.)
  98. 123365.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Breast Feeding [123360 - 123367] ( Heading of Article 3 renumbered from Article 3.35 (and relocated from Chapter 2 of Part 1 of Division 1) by Stats. 1996, Ch. 1023, Sec. 113. )

    Verify source ↗

    Covered hospitals must offer breastfeeding support or give the mother information on where to get it; the patient may decline.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Breast Feeding [123360 - 123367] ( Heading of Article 3 renumbered from Article 3.35 (and relocated from Chapter 2 of Part 1 of Division 1) by Stats. 1996, Ch. 1023, Sec. 113. ) ## 123365. (a) All general acute care hospitals, as defined in subdivision (a) of Section 1250, and all special hospitals providing maternity care, as defined in subdivision (f) of Section 1250, shall make available a breast feeding consultant or alternatively, provide information to the mother on where to receive breast feeding information. (b) The consultant may be a registered nurse with maternal and newborn care experience, if available. (c) The consultation shall be made available during the hospitalization associated with the delivery, or alternatively, the hospital shall provide information to the mother on where to receive breast feeding information. (d) The patient may decline this consultation or information. (Added by renumbering Section 319.55 (as added by Stats. 1995, Ch. 463) by Stats. 1996, Ch. 1023, Sec. 115. Effective September 29, 1996.)
  99. 123366.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Breast Feeding [123360 - 123367] ( Heading of Article 3 renumbered from Article 3.35 (and relocated from Chapter 2 of Part 1 of Division 1) by Stats. 1996, Ch. 1023, Sec. 113. )

    Verify source ↗

    Certain hospitals with a perinatal unit must have an infant-feeding policy that promotes breastfeeding and is communicated and posted to staff.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Breast Feeding [123360 - 123367] ( Heading of Article 3 renumbered from Article 3.35 (and relocated from Chapter 2 of Part 1 of Division 1) by Stats. 1996, Ch. 1023, Sec. 113. ) ## 123366. (a) This section shall be known, and may be cited, as the Hospital Infant Feeding Act. (b) For the purposes of this section, the following definitions shall apply: (1) “Perinatal unit” means a maternity and newborn service of the hospital for the provision of care during pregnancy, labor, delivery, and postpartum and neonatal periods with appropriate staff, space, equipment, and supplies. (2) “Baby-Friendly Hospital Initiative” means the program sponsored by the World Health Organization (WHO) and the United Nations Children’s Fund (UNICEF) that recognizes hospitals that offer an optimal level of care for infant feeding. (3) “Model Hospital Policy Recommendations” means the most recently updated guidelines approved and published by the State Department of Public Health entitled, “Providing Breastfeeding Support: Model Hospital Policy Recommendations.” (c) All general acute care hospitals and special hospitals, as defined in subdivisions (a) and (f) of Section 1250, that have a perinatal unit shall have an infant-feeding policy. The infant-feeding policy shall promote breastfeeding, utilizing guidance provided by the Baby-Friendly Hospital Initiative or the State Department of Public Health Model Hospital Policy Recommendations. The infant-feeding policy may include guidance on formula supplementation or bottlefeeding, if preferred by the mother or when exclusive breastfeeding is contraindicated for the mother or infant. (d) The infant-feeding policy shall be routinely communicated to perinatal unit staff, beginning with hospital orientation, and shall be clearly posted in the perinatal unit or on the hospital or health system Internet Web site. (e) The infant-feeding policy shall apply to all infants in a perinatal unit. (f) This section shall become operative January 1, 2014. (Added by Stats. 2011, Ch. 511, Sec. 2. (SB 502) Effective January 1, 2012. Section operative January 1, 2014, by its own provisions.)
  100. 123367.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Breast Feeding [123360 - 123367] ( Heading of Article 3 renumbered from Article 3.35 (and relocated from Chapter 2 of Part 1 of Division 1) by Stats. 1996, Ch. 1023, Sec. 113. )

    Verify source ↗

    Hospitals with a perinatal unit must adopt a breastfeeding policy or process by January 1, 2025.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Breast Feeding [123360 - 123367] ( Heading of Article 3 renumbered from Article 3.35 (and relocated from Chapter 2 of Part 1 of Division 1) by Stats. 1996, Ch. 1023, Sec. 113. ) ## 123367. (a) For the purposes of this section, the following definitions shall apply: (1) “Baby-Friendly Hospital Initiative” means the program sponsored by the World Health Organization (WHO) and the United Nations Children’s Fund (UNICEF) that recognizes hospitals that offer an optimal level of care for infant feeding. (2) “Perinatal unit” means a maternity and newborn service of the hospital for the provision of care during pregnancy, labor, delivery, and postpartum and neonatal periods with appropriate staff, space, equipment, and supplies. (b) All general acute care hospitals and special hospitals, as defined in subdivisions (a) and (f) of Section 1250, that have a perinatal unit shall, by January 1, 2025, adopt the “Ten Steps to Successful Breastfeeding,” as adopted by Baby-Friendly USA, per the Baby-Friendly Hospital Initiative, or an alternate process adopted by a health care service plan that includes evidence-based policies and practices and targeted outcomes, or the Model Hospital Policy Recommendations as defined in paragraph (3) of subdivision (b) of Section 123366. (Amended by Stats. 2014, Ch. 71, Sec. 94. (SB 1304) Effective January 1, 2015.)
  101. 123370.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Cord Blood Banking Education [123370 - 123371] ( Article 4 added by Stats. 2006, Ch. 484, Sec. 2. )

    Verify source ↗

    The department must run the Umbilical Cord Blood Community Awareness Campaign.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Cord Blood Banking Education [123370 - 123371] ( Article 4 added by Stats. 2006, Ch. 484, Sec. 2. ) ## 123370. The department shall conduct the Umbilical Cord Blood Community Awareness Campaign to do all of the following: (a) Provide awareness, assistance, and information regarding umbilical cord blood banking options using brochures, television, print media, radio, Internet Web sites, outdoor advertising, and other media, where appropriate to disseminate information to licensed prenatal care providers, Family PACT providers, and pregnant women. (b) Establish an Internet Web site to provide information about umbilical cord blood banking options that is accessible to prenatal care providers, pregnant women, and the general public. (c) Undertake public education activities related to umbilical cord blood donation to targeted populations, as appropriate. (Added by Stats. 2006, Ch. 484, Sec. 2. Effective January 1, 2007.)
  102. 123371.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Cord Blood Banking Education [123370 - 123371] ( Article 4 added by Stats. 2006, Ch. 484, Sec. 2. )

    Verify source ↗

    The department must create and provide standardized cord-blood donation information, and the information must be available in specified languages and online. Pregnant women may receive the information during a first prenatal visit, and the article cannot be implemented with public funds.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. General Provisions [123225 - 123371] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Cord Blood Banking Education [123370 - 123371] ( Article 4 added by Stats. 2006, Ch. 484, Sec. 2. ) ## 123371. (a) (1) The State Department of Public Health shall develop standardized, objective information about umbilical cord blood donation that is sufficient to allow a pregnant woman to make an informed decision on whether to participate in a private or public umbilical cord blood banking program. The information developed by the department shall enable a pregnant woman to be informed of her option to do any of the following: (A) Discard umbilical cord blood. (B) Donate umbilical cord blood to a public umbilical cord blood bank. (C) Store the umbilical cord blood in a family umbilical cord blood bank for the use by immediate and extended family members. (D) Donate umbilical cord blood to research. (2) The information developed pursuant to paragraph (1) shall include, but not be limited to, all of the following: (A) The current and potential future medical uses of stored umbilical cord blood. (B) The benefits and risks involved in umbilical cord blood banking. (C) The medical process involved in umbilical cord blood banking. (D) Medical or family history criteria that can impact a family’s consideration of umbilical cord banking. (E) An explanation of the differences between public and private umbilical cord blood banking. (F) The availability and costs of public or private umbilical cord blood banks. (G) Medical or family history criteria that can impact a family’s consideration of umbilical cord blood banking. (H) An explanation that the practices and policies of blood banks may vary with respect to accreditation, cord blood processing and storage methods, costs, and donor privacy. (I) An explanation that pregnant women are not required to donate their umbilical cord blood for research purposes. (b) The information provided by the department pursuant to subdivision (a) shall be made available in Cantonese, English, Spanish, and Vietnamese, and shall be updated by the department as needed. (c) The information provided by the department pursuant to subdivision (a) shall be made available on the Internet Web sites of the licensing boards that have oversight over primary prenatal care providers. (d) (1) A primary prenatal care provider of a woman who is known to be pregnant may, during the first prenatal visit, provide the information required by subdivision (a) to the pregnant woman. (2) For purposes of this article, a “prenatal care provider” means a health care provider licensed pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, or pursuant to an initiative act referred to in that division, who provides prenatal medical care within his or her scope of practice. (e) The department shall only implement this article upon a determination by the Director of Finance, that sufficient private donations have been collected and deposited into the Umbilical Cord Blood Education Account, which is hereby created in the State Treasury. The moneys in the account shall be available, upon appropriation by the Legislature, for the purposes of this article. No public funds shall be used to implement this article. If sufficient funds are collected and deposited into the account, the Director of Finance shall file a written notice thereof with the Secretary of State. (Amended by Stats. 2007, Ch. 517, Sec. 2. Effective January 1, 2008.)
  103. 123375.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Determination of Pregnancy [123375 - 123418] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. )

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    A person generally may not sell or distribute materials intended to determine pregnancy unless the materials have a department certificate of acceptability; covered sellers must first apply for certification.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Determination of Pregnancy [123375 - 123418] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123375. (a) Except as otherwise provided in subdivision (b), no person shall sell, offer for sale, give away, distribute, or otherwise furnish materials intended to determine the presence of pregnancy, unless that person has obtained a certificate of acceptability from the department declaring that the materials have been approved as to efficacy and safety by the department. (b) Subdivision (a) shall not apply to materials intended to determine the presence of pregnancy, that are sold, offered for sale, given away, distributed, or otherwise furnished to a physician and surgeon licensed to practice in this state, a pharmacist licensed to practice in this state, a licensed primary care clinic, a licensed health facility, or a public health agency. (c) Any person other than a person described in subdivision (b) who intends to sell, offer for sale, give away, distribute or otherwise furnish materials intended to determine the presence of pregnancy shall first make application to the state department for certification of the materials. The department shall also require that an application for certification shall be accompanied by samples of any materials that are the subject of the application as the department may reasonably require. Any violation of this section is a misdemeanor. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  104. 123380.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Determination of Pregnancy [123375 - 123418] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. )

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    Local public health agencies must make pregnancy testing services available free or at cost, and pregnancy test results must be confidential.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Determination of Pregnancy [123375 - 123418] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123380. Local public health agencies shall make pregnancy testing services available free or at cost to the person using the services. The results of any pregnancy test shall be confidential. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  105. 123385.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Determination of Pregnancy [123375 - 123418] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The state department may set application fees for certificates of acceptability, and the fees must be limited to what is needed to cover administration costs.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Determination of Pregnancy [123375 - 123418] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123385. It is the intent of the Legislature that the program authorized pursuant to this article be entirely self-supporting, and for this purpose the state department is authorized to establish a schedule of fees for applications for certificates of acceptability that shall provide revenues that shall not exceed the amount necessary, but shall be sufficient to cover all costs incurred in the administration of this article. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  106. 1234.

    ## 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 3. Regulations [1225 - 1234.1] ( Article 3 added by Stats. 1978, Ch. 1147. )

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    Smoking tobacco products is banned in clinic patient areas, except in rooms set aside only for smokers. Clinic owners or managers must post required smoking signs, with extra entrance signs if smoking-permitted areas are posted.

    ## 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 3. Regulations [1225 - 1234.1] ( Article 3 added by Stats. 1978, Ch. 1147. ) ## 1234. (a) Smoking a tobacco product shall not be permitted in patient areas of a clinic except those rooms designated for occupancy exclusively by smokers. (b) Clearly legible signs shall either: (1) State that smoking is unlawful and be conspicuously posted by, or on behalf of, the owner or manager of such clinic, in all areas of a clinic where smoking is unlawful. (2) Identify “smoking permitted” areas, and be posted by, or on behalf of, the owner or manager of such clinic, only in areas of a clinic where smoking is lawfully permitted. If “smoking permitted” signs are posted, there shall also be conspicuously posted, near all major entrances, clearly legible signs stating that smoking is unlawful except in areas designated “smoking permitted.” (c) This section shall not apply to skilled nursing facilities, intermediate care facilities, and intermediate care facilities for the developmentally disabled. (d) For purposes of this section, “smoking” has the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code. (e) For purposes of this section, “tobacco product” means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code. (Amended by Stats. 2016, 2nd Ex. Sess., Ch. 7, Sec. 11. (SB 5 2x) Effective June 9, 2016.)
  107. 1234.1.

    ## 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 3. Regulations [1225 - 1234.1] ( Article 3 added by Stats. 1978, Ch. 1147. )

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    Providers offering sensitive examinations must give patients notice about medical chaperones, train relevant staff, and provide a chaperone when requested, subject to stated exceptions.

    ## 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 3. Regulations [1225 - 1234.1] ( Article 3 added by Stats. 1978, Ch. 1147. ) ## 1234.1. (a) For purposes of this section, the following definitions apply: (1) “Medical chaperone” means a trained employee of a provider who assists or observes during the portion of a visit that includes a sensitive examination. (2) “Provider” means a clinic, as defined in Section 1200, except that “provider” does not include any facility owned or operated by the Department of Corrections and Rehabilitation. (3) (A) “Sensitive examination” means an ultrasound examination performed by a sonographer of any of the following areas: (i) Genitalia. (ii) Breast. (iii) Rectum. (B) “Sensitive examination” also includes an ultrasound examination of the pubic or groin region. (4) (A) “Sonographer” means any nonphysician who is a sonography technician whose primary duties consist of performing diagnostic medical ultrasounds and who is qualified by national certification or academic or clinical experience to perform diagnostic medical ultrasounds. National certification includes certification by the American Registry for Diagnostic Medical Sonography (ARDMS), Cardiovascular Credentialing International (CCI), or American Registry of Radiologic Technologists (ARRT). (B) A sonographer is also known as an “ultrasound technologist” or “sonologist.” (b) (1) Except as provided in paragraph (3), a provider that offers a sensitive examination shall provide notice to patients that a medical chaperone will be made available upon a patient’s request to assist or observe the sensitive examination. The notice shall be provided in any of the following methods: (A) A hard copy provided to the patient, or their legal guardian, in person at a visit, or prior to a visit in a separate single document. (B) An electronic transmission, including, but not limited to, a text message or email to the patient or their legal guardian prior to or during the visit. (C) Verbally to the patient, or their legal guardian, either prior to or in person at a visit, with documentation of the offer in the patient’s health record. (2) If a patient does not request a medical chaperone, but the provider determines, for any reason, that a medical chaperone must be present, the provider has the right to decline performing the sensitive examination in the absence of a medical chaperone. (3) A provider that performs a sensitive examination to a patient receiving emergency services and care, as defined in Section 1317.1, shall, when feasible, inform the patient that a medical chaperone will be made available upon request to assist or observe the sensitive examination. (c) (1) A provider shall educate sonographers and clinical and nonclinical staff who may serve as a medical chaperone about appropriate observational and intervention techniques, how to properly drape a patient, the importance of neutrality, and reporting procedures for any inappropriate behaviors observed or communicated by the patient. (2) Except as provided in paragraph (3), if a patient requests a medical chaperone, the provider shall provide a medical chaperone for the entirety of an ultrasound examination if any portion of the ultrasound examination is a sensitive examination. The provider shall document the medical chaperone’s presence in the patient’s health record. (3) In the event a medical chaperone is unavailable at the time of the sensitive examination, the provider shall coordinate with the patient to find an acceptable alternative, which may include, but not be limited to, waiting without undue delay for a medical chaperone to become available. (d) This section shall become operative on January 1, 2027. (Added by Stats. 2025, Ch. 442, Sec. 1. (AB 849) Effective January 1, 2026. Operative January 1, 2027, by its own provisions.)
  108. 123418.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Determination of Pregnancy [123375 - 123418] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    Residency programs in obstetrics and gynecology must follow the Accreditation Council for Graduate Medical Education program requirements.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Determination of Pregnancy [123375 - 123418] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123418. Subject to all other provisions of this article, all residency programs in obstetrics and gynecology shall comply with the program requirements for residency education in obstetrics and gynecology of the Accreditation Council for Graduate Medical Education, which require that in addition to education and training in in-patient care, the program in obstetrics-gynecology be geared toward the development of competence in the provision of ambulatory primary health care for women, including, but not limited to, training in the performance of abortion services. (Amended by Stats. 2003, Ch. 62, Sec. 197. Effective January 1, 2004.)
  109. 123420.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Abortion [123420 - 123445] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    This section limits when employers, schools, hospitals, and clinics may pressure or penalize people over participation in abortions, and it requires some nonpermitting facilities to post notice.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Abortion [123420 - 123445] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123420. (a) No employer or other person shall require a physician, a registered nurse, a licensed vocational nurse, or any other person employed or with staff privileges at a hospital, facility, or clinic to directly participate in the induction or performance of an abortion, if the employee or other person has filed a written statement with the employer or the hospital, facility, or clinic indicating a moral, ethical, or religious basis for refusal to participate in the abortion. No such employee or person with staff privileges in a hospital, facility, or clinic shall be subject to any penalty or discipline by reason of his or her refusal to participate in an abortion. No such employee of a hospital, facility, or clinic that does not permit the performance of abortions, or person with staff privileges therein, shall be subject to any penalty or discipline on account of the person’s participation in the performance of an abortion in other than the hospital, facility, or clinic. No employer shall refuse to employ any person because of the person’s refusal for moral, ethical, or religious reasons to participate in an abortion, unless the person would be assigned in the normal course of business of any hospital, facility, or clinic to work in those parts of the hospital, facility, or clinic where abortion patients are cared for. No provision of this article prohibits any hospital, facility, or clinic that permits the performance of abortions from inquiring whether an employee or prospective employee would advance a moral, ethical, or religious basis for refusal to participate in an abortion before hiring or assigning that person to that part of a hospital, facility, or clinic where abortion patients are cared for. The refusal of a physician, nurse, or any other person to participate or aid in the induction or performance of an abortion pursuant to this subdivision shall not form the basis of any claim for damages. (b) No medical school or other facility for the education or training of physicians, nurses, or other medical personnel shall refuse admission to a person or penalize the person in any way because of the person’s unwillingness to participate in the performance of an abortion for moral, ethical, or religious reasons. No hospital, facility, or clinic shall refuse staff privileges to a physician because of the physician’s refusal to participate in the performance of abortion for moral, ethical, or religious reasons. (c) Nothing in this article shall require a nonprofit hospital or other facility or clinic that is organized or operated by a religious corporation or other religious organization and licensed pursuant to Chapter 1 (commencing with Section 1200) or Chapter 2 (commencing with Section 1250) of Division 2, or any administrative officer, employee, agent, or member of the governing board thereof, to perform or to permit the performance of an abortion in the facility or clinic or to provide abortion services. No such nonprofit facility or clinic organized or operated by a religious corporation or other religious organization, nor its administrative officers, employees, agents, or members of its governing board shall be liable, individually or collectively, for failure or refusal to participate in any such act. The failure or refusal of any such corporation, unincorporated association or individual person to perform or to permit the performance of such medical procedures shall not be the basis for any disciplinary or other recriminatory action against such corporations, unincorporated associations, or individuals. Any such facility or clinic that does not permit the performance of abortions on its premises shall post notice of that proscription in an area of the facility or clinic that is open to patients and prospective admittees. (d) This section shall not apply to medical emergency situations and spontaneous abortions. Any violation of this section is a misdemeanor. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  110. 123425.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Abortion [123420 - 123445] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    A person cannot lose privileges or immunities, or be denied public benefits, because they refuse abortion or surgical sterilization or refuse consent.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Abortion [123420 - 123445] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123425. The refusal of any person to submit to an abortion or surgical sterilization or to give consent therefor shall not be grounds for loss of any privileges or immunities to which the person would otherwise be entitled, nor shall submission to an abortion or surgical sterilization or the granting of consent therefor be a condition precedent to the receipt of any public benefits. The decision of any person to submit to an abortion or surgical sterilization or to give consent therefor shall not be grounds for loss of any privileges or immunities to which the person would otherwise be entitled, nor shall the refusal to submit to an abortion or surgical sterilization or to give consent therefor be a condition precedent to the receipt of any public benefits. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  111. 123430.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Abortion [123420 - 123445] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The agency must create a public abortion-services website by July 1, 2023, keep it updated, make it accessible and translated, and not list any individual provider’s name or location.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Abortion [123420 - 123445] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123430. (a) (1) To ensure people have accurate and comprehensive information when accessing abortion services in California, on or before July 1, 2023, the California Health and Human Services Agency, or an entity designated by the agency, shall establish an internet website where the public can access information on abortion services in the state. (2) The internet website established pursuant to paragraph (1) shall include all of the following information and resources: (A) A person’s legally protected rights to an abortion under state law. (B) The location of abortion providers or links to the information in the state. Location information shall be posted and updated in a manner that allows people to easily identify the health care providers that provide abortion in the state. (C) Practical support services, such as airfare, lodging, ground transportation, gas money, meals, dependent childcare, doula support, and translation services, to help a person access and obtain an abortion. (D) Payment support resources, including coverage options, state programs, and other assistance that is available to help people with the cost of the abortion procedure. (E) General description of the available types of abortion. (F) Information to combat misinformation and disinformation, and ensure that people have comprehensive and medically accurate counseling and support services. (G) Any other information or resources that will assist an individual seeking comprehensive and accurate information about exercising their legal right to abortion and accessing abortion services in the state. (3) The agency shall consult with subject matter experts when determining the information and resources posted on the internet website. “Subject matter experts” include, but is not limited to, the Commission on the Status of Women and Girls, the Department of Justice, the State Department of Health Care Services, the Department of Managed Health Care, and organizations that represent patients, providers, and assistants that obtain, provide, or assist a pregnant person to access an abortion. (4) The internet website shall have mobile capabilities. (5) The internet website shall comply with Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), regulations implementing that act as set forth in Part 1194 of Title 36 of the Federal Code of Regulations, and any laws or regulations governing the accessibility of state internet websites. (6) The agency, in consultation with the subject matter experts, shall review the information and resources on the internet website to ensure that it is current and updated at reasonable intervals, but no less than once every six months. The website shall contain a feature to allow users to report erroneous or outdated information. (b) The internet website and informational materials created and distributed pursuant to this section shall be made available in a manner to ensure that they are accessible by all state residents. The internet website and informational materials shall be translated into Spanish, Chinese, Tagalog, Vietnamese, and Korean and in compliance with the Dymally-Alatorre Bilingual Services Act (Chapter 17.5 (commencing with Section 7290) of Division 7 of Title 1 of the Government Code). (c) Notwithstanding subdivision (a), the internet website established pursuant to this section shall not include the name or location of any individual who is an abortion provider. (Added by Stats. 2022, Ch. 566, Sec. 2. (SB 1142) Effective January 1, 2023.)
  112. 123435.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Abortion [123420 - 123445] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    An infant prematurely born alive during an abortion has the same medical-treatment rights as a similarly premature infant born spontaneously.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Abortion [123420 - 123445] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123435. The rights to medical treatment of an infant prematurely born alive in the course of an abortion shall be the same as the rights of an infant of similar medical status prematurely born spontaneously. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  113. 123440.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Abortion [123420 - 123445] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    A person may not use an aborted product of human conception, other than fetal remains, for scientific or laboratory research, experimentation, or study, unless needed to protect or preserve the fetus’s life and health.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Abortion [123420 - 123445] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123440. (a) It is unlawful for any person to use any aborted product of human conception, other than fetal remains, for any type of scientific or laboratory research or for any other kind of experimentation or study, except to protect or preserve the life and health of the fetus. “Fetal remains,” as used in this section, means a lifeless product of conception regardless of the duration of pregnancy. A fetus shall not be deemed to be lifeless for the purposes of this section, unless there is an absence of a discernible heartbeat. (b) In addition to any other criminal or civil liability that may be imposed by law, any violation of this section constitutes unprofessional conduct within the meaning of the Medical Practice Act, Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  114. 123445.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Abortion [123420 - 123445] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    After research or study on fetal remains ends, the remains must be promptly interred or disposed of by incineration, unless the subdivision does not apply to a public or private educational institution.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Abortion [123420 - 123445] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123445. (a) Except as provided in subdivision (b), at the conclusion of any scientific or laboratory research or any other kind of experimentation or study upon fetal remains, the fetal remains shall be promptly interred or disposed of by incineration. Storage of the fetal remains prior to the completion of the research, experimentation, or study shall be in a place not open to the public, and the method of storage shall prevent any deterioration of the fetal remains that would create a health hazard. (b) Subdivision (a) shall not apply to public or private educational institutions. Any violation of this section is a misdemeanor. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  115. 123451.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.3. Abortion Practical Support Fund [123451 - 123453] ( Article 2.3 added by Stats. 2022, Ch. 47, Sec. 16. )

    Verify source ↗

    This section defines key terms and establishes the Abortion Practical Support Fund, which the department administers.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.3. Abortion Practical Support Fund [123451 - 123453] ( Article 2.3 added by Stats. 2022, Ch. 47, Sec. 16. ) ## 123451. (a) As used in this article, the following definitions apply: (1) “Abortion” has the same meaning as defined in Section 123464. (2) “Department” means the Department of Health Care Access and Information. (3) “Fund” means the Abortion Practical Support Fund. (4) “Grantee” means a qualifying nonprofit organization in California that assists pregnant people with direct practical support for the purposes of obtaining an abortion. (5) “Practical support” means financial or in-kind assistance to help a person access and obtain an abortion in California. (b) The Abortion Practical Support Fund is hereby established in the State Treasury for the purpose of providing grants described in Section 123452. Notwithstanding Section 13340 of the Government Code, moneys in the Abortion Practical Support Fund are continuously appropriated to the department for providing grants described in Section 123452 and administrative costs as described in subdivision (d). (c) Notwithstanding any other law, the department may receive and deposit moneys in the fund from the following entities: (1) Nonstate entities, such as private sector or philanthropic entities. (2) Local and federal government agencies. (d) The department shall administer the fund. No more than 5 percent of the moneys in the fund shall be available for the department’s administrative activities related to planning and production of grants. (e) Beginning no later than July 1, 2022, the fund shall be available to receive moneys from nonstate entities. (Amended by Stats. 2022, Ch. 738, Sec. 2. (AB 204) Effective September 29, 2022.)
  116. 123452.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.3. Abortion Practical Support Fund [123451 - 123453] ( Article 2.3 added by Stats. 2022, Ch. 47, Sec. 16. )

    Verify source ↗

    The department or its contracted vendor must use fund money to make grants to eligible California nonprofit organizations, and grantees must use the money for programs that increase access to abortion.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.3. Abortion Practical Support Fund [123451 - 123453] ( Article 2.3 added by Stats. 2022, Ch. 47, Sec. 16. ) ## 123452. (a) The department, or its contracted vendor, shall use moneys in the fund to administer grants to nonprofit organizations in California that are exempt from taxation under Section 501(c) of the Internal Revenue Code and that either specialize in assisting pregnant people who are low income, or who face other financial barriers. A grant recipient under this subdivision shall use the funds awarded to fund a new program or support an existing program that increases patient access to abortion. By way of nonlimiting examples, the program and the awarded funds may be used for any of the following: (1) Practical support services related to seeking abortion. (2) Abortion navigators, patient navigators, and community health workers services based in California. (3) Case management support for patients seeking abortion. (4) Costs associated with training volunteers and staff in the provision of practical support services to abortion patients in California. (5) Costs associated with enabling grantees that meet the requirements of this section to assist pregnant people with practical support services, including staffing and administrative costs. (6) Costs associated with coordinating practical support services, abortion providers, and other support services in California. (b) (1) Unless otherwise specified by the department, grants under this article are for a period of one year and may be renewed. (2) An application for a grant shall be made on a form to be developed by the department or its contracted vendor. (3) Decisions regarding the grants and the funding level of the grant shall be made after consideration of all relevant factors, such as the grantee’s anticipated level of need and the availability of funds. (c) To administer this section, the department, or its contracted vendor, shall use moneys in the fund to pay direct and indirect costs of the department, or its contracted vendor, including hiring or administrative costs. (d) The department, or its contracted vendor, shall use moneys in the fund to maintain a system of financial reporting on all aspects of the fund. The financial reporting shall include, but is not limited to, information from the grantees on their expenditures and activities using grant funds associated with this article as the department deems necessary to ensure the use of the funds are consistent with the purposes of this article and the terms of any grant award. (e) For purposes of this section, the department, or its contracted vendor, shall not require the submission of any identifying personal information about individuals receiving practical support services as part of an application for a grant or reporting of expenditures and activities using grant funds under this article. Information required by the department, or its contracted vendor, may only include information in summary, statistical, or other forms that do not identify particular individuals. (f) An application for a grant under this article and financial reporting by grantees are exempt from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (g) Contracts entered into or amended pursuant to this article are exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and the State Administrative Manual, and are exempt from the review or approval of any division of the Department of General Services. (Amended by Stats. 2022, Ch. 738, Sec. 3. (AB 204) Effective September 29, 2022.)
  117. 123452.5.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.3. Abortion Practical Support Fund [123451 - 123453] ( Article 2.3 added by Stats. 2022, Ch. 47, Sec. 16. )

    Verify source ↗

    The department must evaluate the grant program and report its findings to the Legislature by January 1, 2025, and every year after that. It may use fund money for the evaluation if the Legislature appropriates it.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.3. Abortion Practical Support Fund [123451 - 123453] ( Article 2.3 added by Stats. 2022, Ch. 47, Sec. 16. ) ## 123452.5. The department shall conduct an evaluation of the grant program implemented pursuant to Section 123452 and shall report its findings to the Legislature no later than January 1, 2025, and on an annual basis no later than each January 1 thereafter. The first annual report shall cover the period before July 1, 2024. Each subsequent annual report shall cover the previous fiscal year. The department may use moneys in the fund, upon appropriation by the Legislature, for the evaluation of the program. The report shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2022, Ch. 566, Sec. 3. (SB 1142) Effective January 1, 2023.)
  118. 123453.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.3. Abortion Practical Support Fund [123451 - 123453] ( Article 2.3 added by Stats. 2022, Ch. 47, Sec. 16. )

    Verify source ↗

    This article must be interpreted to support access to abortion in California and to help people seeking abortion care get logistical and practical support resources.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.3. Abortion Practical Support Fund [123451 - 123453] ( Article 2.3 added by Stats. 2022, Ch. 47, Sec. 16. ) ## 123453. This article shall be construed to effectuate its legislative intent to support access to abortion in California and build upon its commitment to be a reproductive freedom state. The United States Supreme Court overturned the protections to access abortion under Roe v. Wade. For decades, abortion funds, abortion providers, and other community-based organizations have provided direct and indirect support to callers and patients with logistical and practical support needs. The purpose of this article ensures that people seeking abortion care have access to the logistical and practical support resources needed, to diminish barriers to care. The purpose of this article and all of its provisions with respect to the powers granted shall be interpreted to effectuate that intent and purposes to support organizations in California who provide support and resources to people seeking abortion. (Added by Stats. 2022, Ch. 738, Sec. 4. (AB 204) Effective September 29, 2022.)
  119. 123460.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.5. Reproductive Privacy Act [123460 - 123469] ( Article 2.5 added by Stats. 2002, Ch. 385, Sec. 8. )

    Verify source ↗

    This section says the article is called and may be cited as the Reproductive Privacy Act.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.5. Reproductive Privacy Act [123460 - 123469] ( Article 2.5 added by Stats. 2002, Ch. 385, Sec. 8. ) ## 123460. This article shall be known and may be cited as the Reproductive Privacy Act. (Added by Stats. 2002, Ch. 385, Sec. 8. Effective January 1, 2003.)
  120. 123462.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.5. Reproductive Privacy Act [123460 - 123469] ( Article 2.5 added by Stats. 2002, Ch. 385, Sec. 8. )

    Verify source ↗

    This section recognizes privacy and reproductive decision-making rights and says the state may not deny or interfere with them except as this article allows.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.5. Reproductive Privacy Act [123460 - 123469] ( Article 2.5 added by Stats. 2002, Ch. 385, Sec. 8. ) ## 123462. The Legislature finds and declares that every individual possesses a fundamental right of privacy with respect to personal reproductive decisions, which entails the right to make and effectuate decisions about all matters relating to pregnancy, including prenatal care, childbirth, postpartum care, contraception, sterilization, abortion care, miscarriage management, and infertility care. Accordingly, it is the public policy of the State of California that: (a) Every individual has the fundamental right to choose or refuse birth control. (b) Every pregnant individual or individual who may become pregnant has the fundamental right to choose to bear a child or to choose to have and to obtain an abortion, except as specifically limited by this article. (c) The state shall not deny or interfere with the fundamental right of a pregnant individual or an individual who may become pregnant to choose to bear a child or to choose to have and to obtain an abortion, except as specifically permitted by this article. (Amended by Stats. 2022, Ch. 629, Sec. 5. (AB 2223) Effective January 1, 2023.)
  121. 123464.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.5. Reproductive Privacy Act [123460 - 123469] ( Article 2.5 added by Stats. 2002, Ch. 385, Sec. 8. )

    Verify source ↗

    This section defines key terms used in the chapter: abortion, pregnancy, state, and viability.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.5. Reproductive Privacy Act [123460 - 123469] ( Article 2.5 added by Stats. 2002, Ch. 385, Sec. 8. ) ## 123464. The following definitions shall apply for purposes of this chapter: (a) “Abortion” means any medical treatment intended to induce the termination of a pregnancy except for the purpose of producing a live birth. (b) “Pregnancy” means the human reproductive process, beginning with the implantation of an embryo. (c) “State” means the State of California, and every county, city, town and municipal corporation, and quasi-municipal corporation in the state. (d) “Viability” means the point in a pregnancy when, in the good faith medical judgment of a physician, on the particular facts of the case before that physician, there is a reasonable likelihood of the fetus’ sustained survival outside the uterus without the application of extraordinary medical measures. (Amended by Stats. 2003, Ch. 62, Sec. 198. Effective January 1, 2004.)
  122. 123466.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.5. Reproductive Privacy Act [123460 - 123469] ( Article 2.5 added by Stats. 2002, Ch. 385, Sec. 8. )

    Verify source ↗

    The state may not interfere with a woman’s or pregnant person’s abortion rights before fetal viability, or when needed to protect life or health. A person also cannot be forced in local or state proceedings to identify or provide abortion-related information in certain requests.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.5. Reproductive Privacy Act [123460 - 123469] ( Article 2.5 added by Stats. 2002, Ch. 385, Sec. 8. ) ## 123466. (a) The state shall not deny or interfere with a woman’s or pregnant person’s right to choose or obtain an abortion prior to viability of the fetus, or when the abortion is necessary to protect the life or health of the woman or pregnant person. (b) A person shall not be compelled in a state, county, city, or other local criminal, administrative, legislative, or other proceeding to identify or provide information that would identify or that is related to an individual who has sought or obtained an abortion if the information is being requested based on either another state’s laws that interfere with a person’s rights under subdivision (a) or a foreign penal civil action, as defined in Section 2029.200 of the Code of Civil Procedure. (Amended by Stats. 2022, Ch. 629, Sec. 6.5. (AB 2223) Effective January 1, 2023.)
  123. 123467.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.5. Reproductive Privacy Act [123460 - 123469] ( Article 2.5 added by Stats. 2002, Ch. 385, Sec. 8. )

    Verify source ↗

    People are protected from civil or criminal liability, penalties, and loss of rights for actions or omissions tied to their pregnancy or pregnancy outcome; helpers are also protected when assisting with the pregnant person’s voluntary consent.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.5. Reproductive Privacy Act [123460 - 123469] ( Article 2.5 added by Stats. 2002, Ch. 385, Sec. 8. ) ## 123467. (a) Notwithstanding any other law, a person shall not be subject to civil or criminal liability or penalty, or otherwise deprived of their rights under this article, based on their actions or omissions with respect to their pregnancy or actual, potential, or alleged pregnancy outcome, including miscarriage, stillbirth, or abortion, or perinatal death due to causes that occurred in utero. (b) A person who aids or assists a pregnant person in exercising their rights under this article shall not be subject to civil or criminal liability or penalty, or otherwise be deprived of their rights, based solely on their actions to aid or assist a pregnant person in exercising their rights under this article with the pregnant person’s voluntary consent. (Added by Stats. 2022, Ch. 629, Sec. 7. (AB 2223) Effective January 1, 2023.)
  124. 123467.5.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.5. Reproductive Privacy Act [123460 - 123469] ( Article 2.5 added by Stats. 2002, Ch. 385, Sec. 8. )

    Verify source ↗

    The state must not apply or enforce certain out-of-state laws or civil judgments covered by subdivision (a).

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.5. Reproductive Privacy Act [123460 - 123469] ( Article 2.5 added by Stats. 2002, Ch. 385, Sec. 8. ) ## 123467.5. (a) A law of another state that authorizes a person to bring a civil action against a person or entity that does any of the following is contrary to the public policy of this state: (1) Receives or seeks an abortion. (2) Performs, provides, or induces an abortion. (3) Knowingly engages in conduct that aids or abets the performance, provision, or inducement of an abortion. (4) Attempts or intends to engage in the conduct described in paragraphs (1) to (3), inclusive. (b) The state shall not do either of the following: (1) Apply a law described in subdivision (a) to a case or controversy heard in state court. (2) Enforce or satisfy a civil judgment received through an adjudication under a law described in subdivision (a). (c) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Amended by Stats. 2023, Ch. 261, Sec. 2. (SB 487) Effective January 1, 2024.)
  125. 123468.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.5. Reproductive Privacy Act [123460 - 123469] ( Article 2.5 added by Stats. 2002, Ch. 385, Sec. 8. )

    Verify source ↗

    An abortion is unauthorized if performed by someone other than the pregnant person and the provider is not authorized, or if it is performed on a viable fetus and the listed medical findings are made.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.5. Reproductive Privacy Act [123460 - 123469] ( Article 2.5 added by Stats. 2002, Ch. 385, Sec. 8. ) ## 123468. The performance of an abortion is unauthorized if performed by someone other than the pregnant person and if either of the following is true: (a) The person performing the abortion is not a health care provider authorized to perform an abortion pursuant to Section 2253 of the Business and Professions Code. (b) The abortion is performed on a viable fetus, and both of the following are established: (1) In the good faith medical judgment of the physician, the fetus was viable. (2) In the good faith medical judgment of the physician, continuation of the pregnancy posed no risk to life or health of the pregnant person. (Amended by Stats. 2022, Ch. 629, Sec. 8. (AB 2223) Effective January 1, 2023.)
  126. 123468.5.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.5. Reproductive Privacy Act [123460 - 123469] ( Article 2.5 added by Stats. 2002, Ch. 385, Sec. 8. )

    Verify source ↗

    California law applies to covered actions in the state involving certain reproductive and gender-affirming health care services, subject to the stated provider-location condition.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.5. Reproductive Privacy Act [123460 - 123469] ( Article 2.5 added by Stats. 2002, Ch. 385, Sec. 8. ) ## 123468.5. (a) (1) California law governs in any action in this state, whether civil, administrative, or criminal, against any person who provides, receives, aids or abets in providing or receiving, or attempts to provide or receive, by any means, including telehealth, the health care services described in paragraph (2) if the provider was located in this state or any other state where the care was legal at the time of the challenged conduct. (2) Reproductive health care services and gender-affirming health care services, including gender-affirming mental health care services, are subject to paragraph (1). (b) “Reproductive health” has the same meaning as set forth in Section 1798.300 of the Health and Safety Code. (c) “Gender-affirming health care services” and “gender-affirming mental health care services” have the same meaning as defined in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code. (Added by Stats. 2023, Ch. 260, Sec. 13. (SB 345) Effective January 1, 2024.)
  127. 123469.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.5. Reproductive Privacy Act [123460 - 123469] ( Article 2.5 added by Stats. 2002, Ch. 385, Sec. 8. )

    Verify source ↗

    People whose reproductive rights protected by this article are interfered with may sue in superior court, and violators can face damages, a $25,000 civil penalty, injunctions, and attorney’s fees.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.5. Reproductive Privacy Act [123460 - 123469] ( Article 2.5 added by Stats. 2002, Ch. 385, Sec. 8. ) ## 123469. (a) A party whose reproductive rights are protected by this article and whose reproductive rights are interfered with by conduct or by a statute, ordinance, or other state or local rule, regulation, or enactment in violation of this article may bring a civil action against an offending state actor in a state superior court. (b) Whoever denies a right protected by this article, or aids, incites, or conspires in that denial, is liable for each and every offense for the actual damages suffered by any person denied that right and, in addition, all of the following: (1) An amount to be determined by a jury, or a court sitting without a jury, for exemplary damages. (2) A civil penalty of twenty-five thousand dollars ($25,000), to be awarded to the person denied the right protected by this article. (3) Preventive relief, including permanent or temporary injunction, restraining order, or other order against the person or persons responsible for the conduct, as the complainant deems necessary to ensure the full enjoyment of the rights described in this article. (4) Upon a motion, a court shall award reasonable attorney’s fees and costs, including expert witness fees and other litigation expenses, to a plaintiff who is a prevailing party in an action brought pursuant to this section. In awarding reasonable attorney’s fees, the court shall consider the degree to which the relief obtained relates to the relief sought. (c) An action under subdivision (b) shall be commenced within three years of the alleged practice violation of this article. (d) (1) A party aggrieved by conduct or regulation in violation of this article may also bring a civil action pursuant to Section 52.1 of the Civil Code. Notwithstanding Section 821.6 of the Government Code, a civil action pursuant to Section 52.1 of the Civil Code may be based upon instituting or prosecuting any judicial or administrative proceeding in violation of this article. (2) For purpose of establishing liability pursuant to this subdivision, the criminal investigation, arrest, or prosecution, or threat of investigation, arrest, or prosecution, of a person with respect to their pregnancy or actual, potential, or alleged pregnancy outcome, constitutes “threat, intimidation, or coercion” pursuant to Section 52.1 of the Civil Code. (e) Sections 825, 825.2, 825.4, and 825.6 of the Government Code, providing for indemnification of an employee or former employee of a public entity, apply to any cause of action brought under this section against an employee or former employee of a public entity. (Added by Stats. 2022, Ch. 629, Sec. 9. (AB 2223) Effective January 1, 2023.)
  128. 123470.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.7. Reproductive FACT Act [123470 - 123473] ( Article 2.7 added by Stats. 2015, Ch. 700, Sec. 3. )

    Verify source ↗

    This article may be cited as the Reproductive FACT (Freedom, Accountability, Comprehensive Care, and Transparency) Act, or Reproductive FACT Act.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.7. Reproductive FACT Act [123470 - 123473] ( Article 2.7 added by Stats. 2015, Ch. 700, Sec. 3. ) ## 123470. This article shall be known and may be cited as the Reproductive FACT (Freedom, Accountability, Comprehensive Care, and Transparency) Act or Reproductive FACT Act. (Added by Stats. 2015, Ch. 700, Sec. 3. (AB 775) Effective January 1, 2016.)
  129. 123471.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.7. Reproductive FACT Act [123470 - 123473] ( Article 2.7 added by Stats. 2015, Ch. 700, Sec. 3. )

    Verify source ↗

    This section defines “licensed covered facility” and “unlicensed covered facility,” and says the article does not apply to certain government clinics and certain licensed primary care clinics.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.7. Reproductive FACT Act [123470 - 123473] ( Article 2.7 added by Stats. 2015, Ch. 700, Sec. 3. ) ## 123471. (a) For purposes of this article, and except as provided in subdivision (c), “licensed covered facility” means a facility licensed under Section 1204 or an intermittent clinic operating under a primary care clinic pursuant to subdivision (h) of Section 1206, whose primary purpose is providing family planning or pregnancy-related services, and that satisfies two or more of the following: (1) The facility offers obstetric ultrasounds, obstetric sonograms, or prenatal care to pregnant women. (2) The facility provides, or offers counseling about, contraception or contraceptive methods. (3) The facility offers pregnancy testing or pregnancy diagnosis. (4) The facility advertises or solicits patrons with offers to provide prenatal sonography, pregnancy tests, or pregnancy options counseling. (5) The facility offers abortion services. (6) The facility has staff or volunteers who collect health information from clients. (b) For purposes of this article, subject to subdivision (c), “unlicensed covered facility” is a facility that is not licensed by the State of California and does not have a licensed medical provider on staff or under contract who provides or directly supervises the provision of all of the services, whose primary purpose is providing pregnancy-related services, and that satisfies two or more of the following: (1) The facility offers obstetric ultrasounds, obstetric sonograms, or prenatal care to pregnant women. (2) The facility offers pregnancy testing or pregnancy diagnosis. (3) The facility advertises or solicits patrons with offers to provide prenatal sonography, pregnancy tests, or pregnancy options counseling. (4) The facility has staff or volunteers who collect health information from clients. (c) This article shall not apply to either of the following: (1) A clinic directly conducted, maintained, or operated by the United States or any of its departments, officers, or agencies. (2) A licensed primary care clinic that is enrolled as a Medi-Cal provider and a provider in the Family Planning, Access, Care, and Treatment Program. (Added by Stats. 2015, Ch. 700, Sec. 3. (AB 775) Effective January 1, 2016.)
  130. 123472.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.7. Reproductive FACT Act [123470 - 123473] ( Article 2.7 added by Stats. 2015, Ch. 700, Sec. 3. )

    Verify source ↗

    Covered facilities must give clients a required notice in English and in specified Medi-Cal threshold languages; unlicensed covered facilities must also use the notice in print and digital advertising, including websites.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.7. Reproductive FACT Act [123470 - 123473] ( Article 2.7 added by Stats. 2015, Ch. 700, Sec. 3. ) ## 123472. (a) A licensed covered facility shall disseminate to clients on site the following notice in English and in the primary threshold languages for Medi-Cal beneficiaries as determined by the State Department of Health Care Services for the county in which the facility is located. (1) The notice shall state: “California has public programs that provide immediate free or low-cost access to comprehensive family planning services (including all FDA-approved methods of contraception), prenatal care, and abortion for eligible women. To determine whether you qualify, contact the county social services office at [insert the telephone number].” (2) The information shall be disclosed in one of the following ways: (A) A public notice posted in a conspicuous place where individuals wait that may be easily read by those seeking services from the facility. The notice shall be at least 8.5 inches by 11 inches and written in no less than 22-point type. (B) A printed notice distributed to all clients in no less than 14-point type. (C) A digital notice distributed to all clients that can be read at the time of check-in or arrival, in the same point type as other digital disclosures. A printed notice as described in subparagraph (B) shall be available for all clients who cannot or do not wish to receive the information in a digital format. (3) The notice may be combined with other mandated disclosures. (b) An unlicensed covered facility shall disseminate to clients on site and in any print and digital advertising materials including Internet Web sites, the following notice in English and in the primary threshold languages for Medi-Cal beneficiaries as determined by the State Department of Health Care Services for the county in which the facility is located. (1) The notice shall state: “This facility is not licensed as a medical facility by the State of California and has no licensed medical provider who provides or directly supervises the provision of services.” (2) The onsite notice shall be a sign at least 8.5 inches by 11 inches and written in no less than 48-point type, and shall be posted conspicuously in the entrance of the facility and at least one additional area where clients wait to receive services. (3) The notice in the advertising material shall be clear and conspicuous. “Clear and conspicuous” means in larger point type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the language. (Added by Stats. 2015, Ch. 700, Sec. 3. (AB 775) Effective January 1, 2016.)
  131. 123473.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.7. Reproductive FACT Act [123470 - 123473] ( Article 2.7 added by Stats. 2015, Ch. 700, Sec. 3. )

    Verify source ↗

    Covered facilities that do not comply with this article can be fined, starting at $500 for a first offense and $1,000 for later offenses.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.7. Reproductive FACT Act [123470 - 123473] ( Article 2.7 added by Stats. 2015, Ch. 700, Sec. 3. ) ## 123473. (a) Covered facilities that fail to comply with the requirements of this article are liable for a civil penalty of five hundred dollars ($500) for a first offense and one thousand dollars ($1,000) for each subsequent offense. The Attorney General, city attorney, or county counsel may bring an action to impose a civil penalty pursuant to this section after doing both of the following: (1) Providing the covered facility with reasonable notice of noncompliance, which informs the facility that it is subject to a civil penalty if it does not correct the violation within 30 days from the date the notice is sent to the facility. (2) Verifying that the violation was not corrected within the 30-day period described in paragraph (1). (b) The civil penalty shall be deposited into the General Fund if the action is brought by the Attorney General. If the action is brought by a city attorney, the civil penalty shall be paid to the treasurer of the city in which the judgment is entered. If the action is brought by a county counsel, the civil penalty shall be paid to the treasurer of the county in which the judgment is entered. (Added by Stats. 2015, Ch. 700, Sec. 3. (AB 775) Effective January 1, 2016.)
  132. 123475.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Community-Based Perinatal System [123475 - 123525] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The Legislature states that community-based comprehensive perinatal care services are necessary and effective in reducing maternal, perinatal, and infant death and illness.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Community-Based Perinatal System [123475 - 123525] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123475. The Legislature finds that a community-based system of comprehensive perinatal care, including prenatal care, delivery service, postpartum care, and neonatal and infant care are necessary services that have been demonstrated effective in preventing or reducing maternal, perinatal, and infant mortality and morbidity. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  133. 123480.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Community-Based Perinatal System [123475 - 123525] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The Legislature says this article is intended to support a permanent statewide community-based perinatal system for low-income pregnant women and their infants, and to guide the department and director in developing and funding the program.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Community-Based Perinatal System [123475 - 123525] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123480. It is the intent of the Legislature in enacting this article to maintain, to the extent resources are available, a permanent statewide community-based comprehensive perinatal system to provide care and services to low-income pregnant women and their infants who are considered underserved in terms of comprehensive perinatal care. It is also the intent of the Legislature that the statewide, community-based, comprehensive perinatal health care program be developed by the department to conform with the guidelines set forth in this article, and be integrated and coordinated with the perinatal access program in Article 2.5 (commencing with Section 288). It is further the intent of the Legislature that these guidelines allow each applicant the flexibility to design a system specific to the nature of the community and the needs of the clients. It is further the intent of the Legislature that the director, in allocating funds available for programs that provide comprehensive perinatal care, follow the guidelines and principles developed in this article. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  134. 123485.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Community-Based Perinatal System [123475 - 123525] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    This section defines key terms used in the article, including several kinds of perinatal care, low income, qualified organization, qualified trainer, and “Department.”

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Community-Based Perinatal System [123475 - 123525] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123485. The following definitions shall govern the construction of this article: (a) “Community-based comprehensive perinatal care” means a range of prenatal, delivery, postpartum, infant, and pediatric care services delivered in an urban community or neighborhood, rural area, city or county clinic, city or county health department, freestanding birth center, or other health care provider facility by health care practitioners trained in methods of preventing complications and problems during and after pregnancy, and in methods of educating pregnant women of these preventive measures, and who provide a continuous range of services. The health care practitioners shall, through a system of established linkages to other levels of care in the community, consult with, and, when appropriate, refer to, specialists. (b) “Low income” means all persons of childbearing age eligible for Medi-Cal benefits under Chapter 7 (commencing with Section 14000) and all persons eligible for public social services for which federal reimbursement is available, including potential recipients. “Potential recipients” shall include the pregnant woman and her infant in a family where current social, economic and health conditions of the family indicate that the family would likely become a recipient of financial assistance within the next five years. (c) “Prenatal care” means care received from conception until the completion of labor and delivery. (d) “Perinatal care” means care received from the time of conception through the first year after birth. (e) “Qualified organization” means any nonprofit, not-for-profit, or for-profit corporation with demonstrated expertise in implementing the Nurse-Family Partnership program or similar programs in different local settings. (f) “Qualified trainer” means anyone who has been certified by the Nurse-Family Partnership to provide training. (g) “Department” means the State Department of Public Health, unless otherwise designated. (Amended by Stats. 2007, Ch. 483, Sec. 29. Effective January 1, 2008.)
  135. 123490.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Community-Based Perinatal System [123475 - 123525] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department must run a statewide community-based perinatal services program and contract with health care providers, and contractors receiving Maternal and Child Health funds must bill Medi-Cal for services to Medi-Cal recipients.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Community-Based Perinatal System [123475 - 123525] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123490. (a) The department shall develop and maintain a statewide comprehensive community-based perinatal services program and enter into contracts, grants, or agreements with health care providers to deliver these services in a coordinated effort to the extent permitted under federal law and regulation. These contracts, grants, or agreements shall be made in medically underserved areas or areas with demonstrated need. Nothing in this section shall be construed to prevent reallocation of resources or use of new moneys for the development of new community-based comprehensive perinatal systems in underserved areas or areas with demonstrated need, and supplementation of systems already in existence. (b) As a condition of receiving funds from the Maternal and Child Health program, contractors shall bill the Medi-Cal program for services provided to Medi-Cal recipients. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  136. 123491.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Community-Based Perinatal System [123475 - 123525] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    This section establishes a voluntary nurse home visiting grant program for expectant first-time mothers, their children, and their families, administered by the department.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Community-Based Perinatal System [123475 - 123525] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123491. (a) There is hereby established a voluntary nurse home visiting grant program for expectant first-time mothers, their children, and their families, to be administered by the department pursuant to Section 123492. The program may be cited as the Nurse-Family Partnership program. (b) The goals and objectives of the program shall be the same as, but shall not be limited to, those in the community-based comprehensive perinatal health care system as set forth in Section 123505. (c) The department shall adopt regulations for the implementation of this section in accordance with Section 123516. (Added by Stats. 2006, Ch. 878, Sec. 3. Effective January 1, 2007.)
  137. 123492.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Community-Based Perinatal System [123475 - 123525] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department must run a competitive grant program for counties, and counties must meet listed conditions to qualify.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Community-Based Perinatal System [123475 - 123525] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123492. The department shall develop a grant application and award grants on a competitive basis to counties for the startup, continuation, and expansion of the program established pursuant to Section 123491. To be eligible to receive a grant for purposes of that section, a county shall agree to all of the following: (a) Serve through the program only pregnant, low-income women who have had no previous live births. Notwithstanding subdivision (b) of Section 123485, women who are juvenile offenders or who are clients of the juvenile system shall be deemed eligible for services under the program. (b) Enroll women in the program while they are still pregnant, before the 28th week of gestation, and preferably before the 16th week of gestation, and continue those women in the program through the first two years of the child’s life. (c) Use as home visitors only registered nurses who have been licensed in the state. (d) Have nurse home visitors undergo training according to the program and follow the home visit guidelines developed by the Nurse-Family Partnership program. (e) Have nurse home visitors specially trained in prenatal care and early child development. (f) Have nurse home visitors follow a visit schedule keyed to the developmental stages of pregnancy and early childhood. (g) Ensure that, to the extent possible, services shall be rendered in a culturally and linguistically competent manner. (h) Limit a nurse home visitor’s caseload to no more than 25 active families at any given time. (i) Provide for every eight nurse home visitors a full-time nurse supervisor who holds at least a bachelor’s degree in nursing and has substantial experience in community health nursing. (j) Have nurse home visitors and nurse supervisors trained in effective home visitation techniques by qualified trainers. (k) Have nurse home visitors and nurse supervisors trained in the method of assessing early infant development and parent-child interaction in a manner consistent with the program. (l) Provide data on operations, results, and expenditures in the formats and with the frequencies specified by the department. (m) Collaborate with other home visiting and family support programs in the community to avoid duplication of services and complement and integrate with existing services to the extent practicable. (n) Demonstrate that adoption of the Nurse-Family Partnership program is supported by a local governmental or government-affiliated community planning board, decisionmaking board, or advisory body responsible for assuring the availability of effective, coordinated services for families and children in the community. (o) Provide cash or in-kind matching funds in the amount of 100 percent of the grant award. (p) Prohibit the use of moneys received for the program as a match for grants currently administered by the department. (Added by Stats. 2006, Ch. 878, Sec. 4. Effective January 1, 2007.)
  138. 123493.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Community-Based Perinatal System [123475 - 123525] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department may accept voluntary contributions for the program, but it must use only donated funds, keep administration costs at or below 5%, get a written funding determination before distributing grants, and not apply for grants or solicit private funds.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Community-Based Perinatal System [123475 - 123525] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123493. (a) The department may accept voluntary contributions, in cash or in-kind, to pay for the costs in the implementation of the program under Section 123492. These private donations shall be deposited into the California Families and Children Account, which is hereby created in the State Treasury, in which, notwithstanding Section 13340 of the Government Code, is hereby continuously appropriated to the department for purposes of implementing Section 123492. No state funds shall be used in implementing Section 123492. (b) The department shall only distribute grants established under Section 123492 if the Director of Finance determines, in writing, that there are sufficient funds from private donations available in the account for expenditure for the purposes of the program. (c) The department’s administration costs shall not exceed 5 percent of the moneys in the account created under subdivision (a). Any costs to the department incurred prior to the account receiving funds shall be reimbursed to the department from funds in the account. (d) The department shall not apply for grants or solicit private funds. (e) If, as of January 1, 2009, the Director of Finance determines pursuant to subdivision (a) that there are insufficient funds on deposit in the account to implement the voluntary nurse home visiting grant program, the account shall cease to exist. (Added by Stats. 2006, Ch. 878, Sec. 5. Effective January 1, 2007.)
  139. 123495.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Community-Based Perinatal System [123475 - 123525] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department must seek federal waivers, coordinate perinatal funding, and create a sliding fee schedule with limits on how much it can charge.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Community-Based Perinatal System [123475 - 123525] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123495. (a) The department shall seek any federal waiver or waivers that may be necessary to maximize funds from the federal government including, but not limited to, funds provided under Title 19 of the Social Security Act to provide funds for a full range of preventive perinatal services. (b) The department shall, in preparing its budget for submission each year, coordinate all funding sources intended primarily for perinatal care made available through the Budget Act to maximize the delivery of perinatal care services and to avoid duplication of programs and funding. (c) The department shall develop and implement a uniform sliding fee schedule for women provided perinatal care through the perinatal services program. The fee schedule shall be based on family size and income, but in no case shall the fee exceed the actual cost of the services provided. The department shall not implement any schedule developed pursuant to this section sooner than 30 days after the department has provided the chairperson of the Joint Legislative Budget Committee and the chairperson of the fiscal committee of each house with the developed schedule. All free clinics, as defined in paragraph (2) of subdivision (a) of Section 1204 shall be exempt from this subdivision. All organizations funded under the Public Health Service Act, Sections 254b and 254c of Title 42 of the United States Code, shall be permitted to utilize those sliding fee scales mandated by federal law or regulation in lieu of the sliding fee scale adopted by the department. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  140. 1235.

    ## 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 4. Offenses [1235 - 1238] ( Article 4 added by Stats. 1978, Ch. 1147. )

    Verify source ↗

    Violating this chapter or its rules can be a misdemeanor, except that violating Section 1234 is an infraction.

    ## 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 4. Offenses [1235 - 1238] ( Article 4 added by Stats. 1978, Ch. 1147. ) ## 1235. (a) Except as provided in subdivision (b), any person who violates any of the provisions of this chapter or who willfully or repeatedly violates any rule or regulation promulgated under this chapter is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000) or by imprisonment in the county jail for a period not to exceed 180 days or by both such fine and imprisonment. (b) Any person who violates the provisions of Section 1234 is guilty of an infraction and shall be punished by a fine of not more than one hundred dollars ($100). (Amended by Stats. 1983, Ch. 1092, Sec. 144. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  141. 12350.

    ## 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 8. Confiscation [12350 - 12355] ( Chapter 8 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    Unclassified explosives that are sold, given away, or transported may be immediately seized by a chief or police official, except as provided in Section 12080(b).

    ## 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 8. Confiscation [12350 - 12355] ( Chapter 8 added by Stats. 1967, Ch. 1497. ) ## 12350. Except as provided in subdivision (b) of Section 12080, any unclassified explosives which are sold, given away, or transported shall be subject to immediate seizure by any chief or police official. (Repealed and added by Stats. 1967, Ch. 1497.)
  142. 123500.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Community-Based Perinatal System [123475 - 123525] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department must monitor services under certain contracts, grants, and agreements using a uniform health data collection system based on epidemiologic methodology.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Community-Based Perinatal System [123475 - 123525] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123500. The department shall monitor the delivery of services under contracts, grants, and agreements provided for in this article through a uniform health data collection system that utilizes epidemiologic methodology. The department may collect data from providers receiving funds through this program as necessary to evaluate program effectiveness. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  143. 123505.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Community-Based Perinatal System [123475 - 123525] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The statute states the goals of California’s community-based comprehensive perinatal health care system.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Community-Based Perinatal System [123475 - 123525] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123505. The goals of the community-based comprehensive perinatal health care system shall be: (a) To decrease and maintain the decreased level of perinatal, maternal, and infant mortality and morbidity in the State of California. (b) To support methods of providing comprehensive prenatal care that prevent prematurity and the incidence of low birth weight infants. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  144. 12351.

    ## 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 8. Confiscation [12350 - 12355] ( Chapter 8 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    Certain illegally handled explosives may be seized immediately by specified officials, and permit-holder explosives may also be seized if the permit has expired and is not immediately renewed, unless the permittee destroys them first under Section 12087.

    ## 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 8. Confiscation [12350 - 12355] ( Chapter 8 added by Stats. 1967, Ch. 1497. ) ## 12351. Any explosives which are illegally manufactured, sold, given away, delivered, stored, used, possessed, or transported shall be subject to immediate seizure by any chief, issuing authority, or peace officer authorized to act under Section 12020. When a permit issued pursuant to this part has expired and is not immediately renewed, any explosives in the possession of the permittee shall be subject to immediate seizure by any chief, issuing authority, or peace officer authorized to act under Section 12020, unless first destroyed by the permittee in accordance with Section 12087. (Amended by Stats. 1970, Ch. 1425.)
  145. 123510.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Community-Based Perinatal System [123475 - 123525] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The section lists the objectives of the community-based comprehensive perinatal health care system.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Community-Based Perinatal System [123475 - 123525] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123510. The program objectives of the community-based comprehensive perinatal health care system shall be the following: (a) To ensure continuing availability and accessibility to early prenatal care within the areas presently served and to develop a community-based comprehensive perinatal system in other areas of the state that are medically underserved or have demonstrated need. (b) To assure the appropriate level of maternal, newborn and pediatric care services necessary to provide the healthiest outcome for mother and infant. (c) To ensure postpartum, family planning, and followup care through the first year of life, and referral to an ongoing primary health care provider. (d) To include support and ancillary services such as nutrition, health education, public health nursing, and social work that have been demonstrated to decrease maternal, perinatal, and infant mortality and morbidity, as components of comprehensive perinatal care. (e) To ensure that care shall be available regardless of the patient’s financial situation. (f) To ensure, to the extent possible, that the same quality of care shall be available to all pregnant women. (g) To promote program flexibility by recognizing the needs within an area and providing for unique programs to meet those needs. (h) To emphasize preventive health care as a major component of any perinatal program, and to support outreach programs directed at low-income pregnant women that will encourage early entry into, and appropriate utilization of, the perinatal health care system. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  146. 123515.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Community-Based Perinatal System [123475 - 123525] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    When awarding contracts, grants, or agreements under this article, the department must evaluate applicants against listed perinatal-care criteria.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Community-Based Perinatal System [123475 - 123525] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123515. In processing and awarding contracts, grants, or agreements pursuant to this article, the department shall evaluate the ability of applicants to meet, to the maximum extent possible, the following criteria: (a) The applicant’s prior experience in providing community-based, comprehensive perinatal care and services to low-income women and infants. (b) The applicant’s ability to provide comprehensive perinatal care, either directly or through subcontract. Those services comprising comprehensive perinatal care include, but are not limited to, the following: (1) Initial and ongoing physical assessment. (2) Psychosocial assessments and counseling, and referral when appropriate. (3) Nutrition assessments, counseling and referral to counseling on food supplement programs, vitamins, and breastfeeding. (4) Health educational assessments, and intervention and referral, including childbirth preparation and parenting. (5) Outreach and community education. (6) Laboratory, radiology, and other specialized services as indicated. (7) Delivery, postpartum followup, and pediatric care through the first year of life. (c) The quality of care that is being, or has been provided to low-income women and infants by health care providers. (d) Whether the area that is, or that will be, serviced by the applicant is medically underserved or has otherwise demonstrated the need for comprehensive, community-based perinatal services. (e) The applicant’s ability to use an appropriate multidisciplinary staff working as a team, in consultation with obstetricians, pediatricians, and family practitioners when appropriate, to provide a full range of comprehensive perinatal care services. Staffing patterns shall reflect, to the maximum extent feasible, at all levels, the cultural, linguistic, ethnic, and other social characteristics of the community served. This staff shall include at least one of those persons described in paragraphs (1) to (3), inclusive, of this subdivision, as follows, and may include, but not be limited to, a combination of those persons described in paragraphs (4) to (10), inclusive, of this subdivision, as follows: (1) An obstetrician. (2) A pediatrician. (3) (A) A family physician. (B) For purposes of this paragraph, “family physician” means a primary care physician and surgeon who renders continued comprehensive and preventative health care services to individuals and families, and who has received specialized training in an approved family medicine residency for three years after graduation from an accredited medical school. (4) Certified nurse-midwives, public health nurses, nurse practitioners, or physician assistants. (5) Nutritionists. (6) Social workers. (7) Health and childbirth educators. (8) A family planning counselor. (9) Community outreach peer workers. (10) A translator. (Amended by Stats. 2019, Ch. 632, Sec. 9. (AB 1622) Effective January 1, 2020.)
  147. 123516.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Community-Based Perinatal System [123475 - 123525] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department may hire qualified organizations to help ensure grantees implement the program and to conduct an annual statewide evaluation. The department must follow its performance standards when monitoring and evaluating, and the annual evaluation must include specified measures of grantee performance.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Community-Based Perinatal System [123475 - 123525] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123516. (a) The department, in consultation with the program administrators, may contract with one or more qualified organizations to assist the department in ensuring that grantees implement the program as established under Section 123491 and to conduct an annual evaluation of the implementation of the grant program on a statewide basis. The first evaluation shall be due 12 months after the award of grants pursuant to Section 123492. (b) (1) In conducting its monitoring and evaluation activities, the department shall be guided by program performance standards developed by the department in consultation with the Nurse-Family Partnership program. (2) The annual evaluation shall contain, but not be limited to, the extent to which each grantee participating in the program has done each of the following: (A) Recruited a population of low-income, first-time mothers. (B) Enrolled families early in pregnancy and followed them through the second birthday of the child. (C) Conducted visits that are of comparable frequency, duration, and content as those delivered in the randomized clinical trials of the program. (D) Assessed the health and well-being of the mothers and children enrolled in the program according to common indicators of maternal, child, and family health. (Amended by Stats. 2012, Ch. 728, Sec. 109. (SB 71) Effective January 1, 2013.)
  148. 12352.

    ## 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 8. Confiscation [12350 - 12355] ( Chapter 8 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    If a permit under this part is suspended or revoked, any explosives held by the permittee can be immediately seized by the chief who caused the suspension or revocation.

    ## 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 8. Confiscation [12350 - 12355] ( Chapter 8 added by Stats. 1967, Ch. 1497. ) ## 12352. When a permit issued pursuant to this part has been suspended or revoked any explosives in the possession of such permittee shall be subject to immediate seizure by the chief causing such suspension or revocation. (Repealed and added by Stats. 1967, Ch. 1497.)
  149. 123520.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Community-Based Perinatal System [123475 - 123525] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    Health care providers funded under this article may coordinate, subcontract, and add services, and certain services/materials must be provided in clients’ primary languages when the language threshold is met.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Community-Based Perinatal System [123475 - 123525] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123520. (a) In developing a comprehensive system, health care providers funded under this article may perform the following activities to ensure that a full range of program components of a comprehensive, community-based health care system are available, accessible, and utilized by pregnant women and infants: (1) Coordinate specific linkages with one another. (2) Subcontract the services specified in this article. (3) Provide additional services not specifically listed in this article. These additional services shall include, but shall not be limited to the Women, Infants, and Children (WIC) food supplement program, services offered by local health departments, and public and private social welfare agencies. Nothing contained in this article shall be construed to prohibit a subcontractor from being reimbursed pursuant to a fee for service, capitation, or other payment mechanism. (b) All services and educational materials shall be provided in the primary languages of the clients served, provided that there are at least 5 percent or 100 persons, whichever is less, of the total beneficiary population served annually by each facility, who share language other than English and who are limited-English speaking. “Limited-English speaking” means a person who uses a language other than English in order to communicate effectively. (c) Health care providers applying for a contract, grant, or agreement under this article shall indicate the manner in which their service elements will be coordinated with existing community resources and services and with hospitals of all levels in the area to ensure each client receives the appropriate level or care at the appropriate time. The department may require written agreements between contractors and hospital or hospitals in the area regarding delivery services, and protocols for referral and transfer when special treatment services are required. The department may, when requested by the grantee or contractor, assist in achieving coordination and written agreements pertaining to the delivery of these services. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  150. 123525.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Community-Based Perinatal System [123475 - 123525] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    This article applies through the normal Budget Act process and only operates to the extent funds are appropriated for it.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Community-Based Perinatal System [123475 - 123525] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123525. The provisions contained in this article shall be subject to the normal Budget Act process and shall be operative to the extent funds are appropriated for this purpose. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  151. 12353.

    ## 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 8. Confiscation [12350 - 12355] ( Chapter 8 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    A person whose explosives were seized may ask the local governing body to return them within 10 days, and that body must consider the petition within 15 days, grant an oral hearing if requested, and serve notice of its decision.

    ## 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 8. Confiscation [12350 - 12355] ( Chapter 8 added by Stats. 1967, Ch. 1497. ) ## 12353. Any explosive seized under this chapter shall be stored in an approved manner and in accordance with regulations adopted by the State Fire Marshal. The person from whom such explosives have been seized may within 10 days after such seizure petition the governing body of the area in which such seizure was made to return the explosives upon the ground that such explosives were illegally or erroneously seized. Any such petition so filed shall be considered by the governing body within 15 days after filing and an oral hearing shall be granted the petitioner if requested. Notice of the decision of the governing body shall be served upon the petitioner. (Repealed and added by Stats. 1967, Ch. 1497.)
  152. 12354.

    ## 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 8. Confiscation [12350 - 12355] ( Chapter 8 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    If the governing body finds the explosives were illegally or mistakenly seized, it must return them to the petitioner.

    ## 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 8. Confiscation [12350 - 12355] ( Chapter 8 added by Stats. 1967, Ch. 1497. ) ## 12354. If the governing body finds that the explosives were illegally or erroneously seized, the explosives shall be returned to the petitioner. The determination of the governing body is final unless within 60 days of the notice served pursuant to this chapter, an action is commenced in a court of competent jurisdiction in the State of California for the recovery of the explosives seized by the chief. (Repealed and added by Stats. 1967, Ch. 1497.)
  153. 12355.

    ## 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 8. Confiscation [12350 - 12355] ( Chapter 8 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    If no petition is filed within 10 days after seizure, or no court action is started within 60 days of notice, the chief may dispose of the seized explosives in a way that does not endanger public welfare or safety.

    ## 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 8. Confiscation [12350 - 12355] ( Chapter 8 added by Stats. 1967, Ch. 1497. ) ## 12355. If no petition is received by the governing body within 10 days of seizure of any explosive, or if no action is commenced in a court of competent jurisdiction in the State of California within 60 days of the notice served pursuant to this chapter, the chief may dispose of the seized explosives in any manner which will not jeopardize public welfare and safety. When any explosive is disposed of pursuant to this section, the person from whom such disposed of explosives were seized shall not have any legal redress against the chief who caused the disposal of the explosives. (Added by Stats. 1967, Ch. 1497.)
  154. 123550.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Perinatal Health Care [123550 - 123610] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The Legislature states that prenatal, delivery, postpartum, neonatal, and infant care are essential services for maternal and infant health.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Perinatal Health Care [123550 - 123610] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123550. The Legislature finds and declares that prenatal care, delivery service, postpartum care and neonatal and infant care are essential services necessary to assure maternal and infant health. These services are not currently distributed so as to meet the minimum maternal and infant health needs of many Californians. A regionalized perinatal health system can provide these essential services; however, many underserved areas lack the staff or expertise to develop these systems. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  155. 123555.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Perinatal Health Care [123550 - 123610] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department must create and implement a uniform sliding fee schedule for perinatal care, based on family size and income, and it cannot implement the schedule until at least 30 days after sharing it with specified legislative committee chairs.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Perinatal Health Care [123550 - 123610] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123555. The department shall develop and implement a uniform sliding fee schedule, based on family size and income, for women provided perinatal care through the Perinatal Care Services Program. The department shall not implement any schedule developed pursuant to this section sooner than 30 days after the department has provided the Chairperson of the Joint Legislative Budget Committee and the chairperson of the fiscal committee of each house with the developed schedule. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  156. 123560.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Perinatal Health Care [123550 - 123610] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    This section defines several maternal health terms used in the article, including perinatal health system, regionalized perinatal health system, high-risk pregnant woman, high-risk infant, high-risk geographic area, and high-risk population.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Perinatal Health Care [123550 - 123610] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123560. Unless the context otherwise requires, the definitions in this section govern the construction of this article: (a) “Perinatal health system” means all of the prenatal care, delivery care, postpartum care, and neonatal and infant care services available to a region identified by the department pursuant to this article. (b) “Regionalized perinatal health system” means coordinated measures intended to ensure that a perinatal health system provides at least minimum services necessary to meet the maternal and infant health needs of the region and intended to ensure that it does so as efficiently and cost-effectively as possible. (c) “High-risk pregnant woman” means a woman considered highly likely for any reason to suffer personal mortality or morbidity from her pregnancy, or to deliver a defective, disabled, high-risk, or stillborn infant. (d) “High-risk infant” means a newborn considered highly likely for any reason to suffer personal mortality or morbidity or to suffer long-lasting defect or disability. (e) “High-risk geographic area” means a region in this state in which the proportion of high-risk pregnant women or high-risk infants exceeds the average for the population of California as a whole. (f) “High-risk population” means a demographic group in which the proportion of high-risk women or high-risk infants exceeds the average for the population of California as a whole. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  157. 123565.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Perinatal Health Care [123550 - 123610] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department must maintain a program for the special needs of high-risk pregnant women and infants.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Perinatal Health Care [123550 - 123610] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123565. The department shall maintain a program that addresses the special needs of high-risk pregnant women and infants. The program shall include the following: (a) Identification of high-risk geographical areas and populations. (b) Identification and evaluation of deficiencies in perinatal health systems. (c) Assistance in the development of regionalized perinatal health systems, particularly in underserved areas, to meet unmet needs. (d) Assistance in implementing regionalized perinatal health systems. (e) Collection and analyses of data on perinatal health systems and needs. (f) Monitoring of results. (g) Assist in implementing and maintaining a high-risk infant follow-up program. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  158. 123570.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Perinatal Health Care [123550 - 123610] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department must consult and coordinate with specified state and local health-related bodies when developing and carrying out regionalized perinatal health systems.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Perinatal Health Care [123550 - 123610] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123570. (a) In assisting in the development of the regionalized perinatal health systems, the department shall consult with the office, the State Department of Developmental Services, county health officials, health systems agencies, health professionals and health facilities expected to participate in the systems, and community groups. (b) In carrying out this article, the department shall coordinate the regionalized perinatal health systems with all other maternal and infant health programs conducted by or for the department, the office, the State Department of Developmental Services, and all other state agencies, to ensure full regional coordination. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  159. 123575.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Perinatal Health Care [123550 - 123610] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The Legislature states that the program created by Sections 123550 to 123570 should be funded through the normal budget process starting in the 1980–81 fiscal year.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Perinatal Health Care [123550 - 123610] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123575. It is the intent of the Legislature that the program created by Sections 123550 to 123570, inclusive, be funded through the normal budgetary process beginning in the 1980–81 fiscal year. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  160. 123576.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Perinatal Health Care [123550 - 123610] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The State Department of Public Health must, if funded, review extreme-heat literature, develop perinatal heat guidance, post it online, share it with health organizations, and report recommendations to the Legislature.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Perinatal Health Care [123550 - 123610] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123576. (a) Subject to an appropriation of funds by the Legislature in the annual Budget Act or another statute for this purpose, the State Department of Public Health, in consultation with subject matter experts, shall do all of the following: (1) Review available literature on adverse effects of extreme heat on perinatal health. (2) Develop guidance for safe conditions and healthy considerations for pregnant individuals and infant children who may be exposed to extreme heat, and for pregnant individuals, during both the gestational and postpartum periods. The department shall post this guidance on its internet website and make it accessible to medical and community-based health care organizations. (3) Provide guidance and supporting information to the Legislature by submitting a report that includes legislative or policy recommendations on best practices for connecting perinatal patients with the appropriate health and well-being information relating to extreme heat. (b) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2027. (Added by Stats. 2022, Ch. 265, Sec. 2. (AB 2420) Effective January 1, 2023. Repealed as of January 1, 2027, by its own provisions.)
  161. 1236.

    ## 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 4. Offenses [1235 - 1238] ( Article 4 added by Stats. 1978, Ch. 1147. )

    Verify source ↗

    The director may sue to stop a violation or threatened violation of Section 1205 in the proper superior court.

    ## 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 4. Offenses [1235 - 1238] ( Article 4 added by Stats. 1978, Ch. 1147. ) ## 1236. The director may bring an action to enjoin the violation or threatened violation of Section 1205 in the superior court in and for the county in which the violation occurred or is about to occur. Any proceeding under the provisions of this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the director shall not be required to allege facts necessary to show or tending to show lack of adequate remedy at law or irreparable damage or loss. (Repealed and added by Stats. 1978, Ch. 1147.)
  162. 123600.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Perinatal Health Care [123550 - 123610] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The Health and Welfare Agency must develop and distribute a model needs assessment protocol for pregnant and postpartum substance-abusing women.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Perinatal Health Care [123550 - 123610] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123600. By July 1, 1991, the Health and Welfare Agency shall develop and disseminate a model needs assessment protocol for pregnant and postpartum substance abusing women in conjunction with the appropriate professional organizations in the areas of hospital administration, substance abuse prevention and treatment, social services, public health, and appropriate state agencies, including the State Department of Social Services, the department, the State Department of Developmental Services, and the State Department of Alcohol and Drug Programs. This model may be utilized by hospitals and counties pursuant to Section 123605. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  163. 123605.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Perinatal Health Care [123550 - 123610] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    Each county must set up protocols with local health, welfare, and hospital entities for assessing and referring substance-exposed infants, and the assessment must be done before the infant leaves the hospital.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Perinatal Health Care [123550 - 123610] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123605. (a) Each county shall establish protocols between county health departments, county welfare departments, and all public and private hospitals in the county, regarding the application and use of an assessment of the needs of, and a referral for, a substance exposed infant to a county welfare department pursuant to Section 11165.13 of the Penal Code. (b) The assessment of the needs shall be performed by a health practitioner, as defined in Section 11165.8 of the Penal Code, or a medical social worker. The needs assessment shall be performed before the infant is released from the hospital. (c) The purpose of the assessment of the needs is to do all of the following: (1) Identify needed services for the mother, child, or family, including, where applicable, services to assist the mother caring for her child and services to assist maintaining children in their homes. (2) Determine the level of risk to the newborn upon release to the home and the corresponding level of services and intervention, if any, necessary to protect the newborn’s health and safety, including a referral to the county welfare department for child welfare services. (3) Gather data for information and planning purposes. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  164. 123610.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Perinatal Health Care [123550 - 123610] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The Legislature states that funding for Sections 123600 and 123605 should be provided in the annual Budget Act.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Perinatal Health Care [123550 - 123610] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123610. It is the intent of the Legislature that funding for Sections 123600 and 123605 be provided in the annual Budget Act. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  165. 123615.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4.2. Maternal Mental Health [123615 - 123617] ( Article 4.2 added by Stats. 2018, Ch. 773, Sec. 1. )

    Verify source ↗

    This section says the article is known as the Maternal Mental Health Conditions Education, Early Diagnosis, and Treatment Act, and it may be cited by that name.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4.2. Maternal Mental Health [123615 - 123617] ( Article 4.2 added by Stats. 2018, Ch. 773, Sec. 1. ) ## 123615. This article shall be known, and may be cited, as the Maternal Mental Health Conditions Education, Early Diagnosis, and Treatment Act. (Added by Stats. 2018, Ch. 773, Sec. 1. (AB 3032) Effective January 1, 2019.)
  166. 123615.5.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4.2. Maternal Mental Health [123615 - 123617] ( Article 4.2 added by Stats. 2018, Ch. 773, Sec. 1. )

    Verify source ↗

    The Legislature states findings about maternal mental health and says it intends to raise awareness about it.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4.2. Maternal Mental Health [123615 - 123617] ( Article 4.2 added by Stats. 2018, Ch. 773, Sec. 1. ) ## 123615.5. The Legislature hereby finds and declares all of the following: (a) Maternal depression is a common complication of pregnancy. Maternal mental health disorders encompass a range of mental health conditions, such as depression, anxiety, and postpartum psychosis. (b) Maternal mental health conditions affect one in five women during or after pregnancy, but all women are at risk of suffering from maternal mental health conditions. (c) Untreated maternal mental health conditions significantly and negatively impact the short- and long-term health and well-being of affected women and their children. (d) Untreated maternal mental health conditions cause adverse birth outcomes, impaired maternal-infant bonding, poor infant growth, childhood emotional and behavioral problems, and significant medical and economic costs, estimated to be $22,500 per mother. (e) Lack of understanding and social stigma of mental health conditions prevent women and families from understanding the signs, symptoms, and risks involved with maternal mental health conditions and disproportionately affect women who lack access to social support networks. (f) It is the intent of the Legislature to raise awareness of the risk factors, signs, symptoms, and treatment options for maternal mental health conditions among pregnant women and their families, the general public, primary health care providers, and health care providers who care for pregnant women, postpartum women, and newborn infants. (Amended by Stats. 2019, Ch. 497, Sec. 176. (AB 991) Effective January 1, 2020.)
  167. 123616.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4.2. Maternal Mental Health [123615 - 123617] ( Article 4.2 added by Stats. 2018, Ch. 773, Sec. 1. )

    Verify source ↗

    This section defines “maternal mental health condition” and “perinatal unit” for this article.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4.2. Maternal Mental Health [123615 - 123617] ( Article 4.2 added by Stats. 2018, Ch. 773, Sec. 1. ) ## 123616. For the purposes of this article, the following terms have the following meanings: (a) “Maternal mental health condition” means a mental health condition that occurs during pregnancy or during the postpartum period and includes, but is not limited to, postpartum depression. (b) “Perinatal unit” is a maternity and newborn service of a hospital for the provision of care during pregnancy, labor, delivery, and postpartum and neonatal periods with appropriate staff, space, equipment, and supplies. (Added by Stats. 2018, Ch. 773, Sec. 1. (AB 3032) Effective January 1, 2019.)
  168. 123616.5.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4.2. Maternal Mental Health [123615 - 123617] ( Article 4.2 added by Stats. 2018, Ch. 773, Sec. 1. )

    Verify source ↗

    Hospitals with perinatal units must work with medical staff to develop and implement a maternal mental health education and information program by January 1, 2020.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4.2. Maternal Mental Health [123615 - 123617] ( Article 4.2 added by Stats. 2018, Ch. 773, Sec. 1. ) ## 123616.5. A general acute care hospital or special hospital, as defined in subdivisions (a) and (f) of Section 1250, that has a perinatal unit, in collaboration with medical staff, shall, by January 1, 2020, develop and implement a program to provide education and information to appropriate health care professionals and patients about maternal mental health conditions. (Added by Stats. 2018, Ch. 773, Sec. 1. (AB 3032) Effective January 1, 2019.)
  169. 123617.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4.2. Maternal Mental Health [123615 - 123617] ( Article 4.2 added by Stats. 2018, Ch. 773, Sec. 1. )

    Verify source ↗

    The program under this article must include education and information for postpartum women and families, education and information for certain hospital employees, and any other service the hospital decides should be included for optimal patient care.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4.2. Maternal Mental Health [123615 - 123617] ( Article 4.2 added by Stats. 2018, Ch. 773, Sec. 1. ) ## 123617. The program developed pursuant to this article shall include all of the following: (a) Education and information for postpartum women and families about maternal mental health conditions, posthospital treatment options, and community resources. (b) Education and information for hospital employees regularly assigned to work in the perinatal unit, including, as appropriate, registered nurses and social workers, about maternal mental health conditions. (c) Any other service the hospital determines should be included in the program to provide optimal patient care. (Added by Stats. 2018, Ch. 773, Sec. 1. (AB 3032) Effective January 1, 2019.)
  170. 123620.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4.5. Fetal Ultrasound [123620 - 123622] ( Heading of Article 4.5 renumbered from Article 45 by Stats. 2005, Ch. 22, Sec. 136. )

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    A person or facility offering fetal ultrasound for keepsake or entertainment purposes must give the client a written disclosure before the procedure.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4.5. Fetal Ultrasound [123620 - 123622] ( Heading of Article 4.5 renumbered from Article 45 by Stats. 2005, Ch. 22, Sec. 136. ) ## 123620. A person or facility that offers fetal ultrasound, or a similar procedure, for keepsake or entertainment purposes, shall disclose to a client prior to performing the procedure, in writing, the following statement: “The federal Food and Drug Administration has determined that the use of medical ultrasound equipment for other than medical purposes, or without a physician’s prescription, is an unapproved use.” (Added by Stats. 2004, Ch. 78, Sec. 2. Effective January 1, 2005.)
  171. 123621.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4.5. Fetal Ultrasound [123620 - 123622] ( Heading of Article 4.5 renumbered from Article 45 by Stats. 2005, Ch. 22, Sec. 136. )

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    Ultrasound or similar medical imaging for medical, counseling, or diagnostic use may only be offered in specified licensed or lawful health care settings, with an exemption for certain midwife and nurse-midwife practices.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4.5. Fetal Ultrasound [123620 - 123622] ( Heading of Article 4.5 renumbered from Article 45 by Stats. 2005, Ch. 22, Sec. 136. ) ## 123621. (a) An ultrasound, or a similar medical imaging device or procedure used for a medical, counseling, or diagnostic service or purpose, shall only be offered in the following settings: (1) A licensed clinic, as described in Chapter 1 (commencing with Section 1200) of Division 2. (2) An outpatient setting, as described in Chapter 1.3 (commencing with Section 1248) of Division 2. (3) A licensed health facility, as described in Chapter 2 (commencing with Section 1250) of Division 2. (4) A practice of a licensed physician or surgeon, a medical group practice, including a professional medical corporation, as defined in Section 2406 of the Business and Professions Code, another form of corporation controlled by physicians and surgeons, a medical partnership, a medical foundation exempt from licensure, or another lawfully organized group of physicians and surgeons that provides health care services. (5) A practice of a licensed chiropractor, as described in Chapter 2 (commencing with Section 1000) of Division 2 of the Business and Professions Code, or a lawfully organized group of licensed chiropractors that provides health care services. (6) A practice of a licensed physical therapist, as described in Chapter 5.7 (commencing with Section 2600) of Division 2 of the Business and Professions Code, or a lawfully organized group of licensed physical therapists that provides health care services. (7) A facility affiliated with those settings. (8) An exempt entity as described in Section 1206. (b) This section does not apply to a practice of a licensed midwife providing care pursuant to Article 24 (commencing with Section 2505) of Chapter 5 of Division 2 of the Business and Professions Code, or a practice of a certified nurse-midwife providing care pursuant to Article 2.5 (commencing with Section 2746) of Chapter 6 of Division 2 of the Business and Professions Code. (Added by Stats. 2023, Ch. 259, Sec. 1. (AB 1720) Effective January 1, 2024.)
  172. 123622.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4.5. Fetal Ultrasound [123620 - 123622] ( Heading of Article 4.5 renumbered from Article 45 by Stats. 2005, Ch. 22, Sec. 136. )

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    People or entities that do not comply with Section 123621 can face civil penalties, and listed public prosecutors may sue to collect them.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4.5. Fetal Ultrasound [123620 - 123622] ( Heading of Article 4.5 renumbered from Article 45 by Stats. 2005, Ch. 22, Sec. 136. ) ## 123622. (a) Any person or entity that fails to comply with the requirements of Section 123621 is liable for a civil penalty of two thousand five hundred dollars ($2,500) for a first offense and five thousand dollars ($5,000) for each subsequent offense. The Attorney General, a district attorney, a city attorney, or a county counsel may bring an action to impose a civil penalty pursuant to this section. For purposes of this subdivision, an offense is each ultrasound conducted in violation of Section 123621. (b) Any person or entity that violates this section is liable for any costs, fees, and civil penalties. Costs, fees, and civil penalties collected pursuant to this section shall be paid to the office that brought the action as follows: (1) To the Office of the Attorney General. (2) To the treasurer of the city for the city attorney. (3) To the treasurer of the county for the district attorney. (4) To the treasurer of the county for the county counsel. (Added by Stats. 2023, Ch. 259, Sec. 2. (AB 1720) Effective January 1, 2024.)
  173. 123630.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4.6. California Dignity in Pregnancy and Childbirth Act [123630 - 123630.7] ( Article 4.6 added by Stats. 2019, Ch. 533, Sec. 3. )

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    This section names the article the California Dignity in Pregnancy and Childbirth Act and allows it to be cited by that name.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4.6. California Dignity in Pregnancy and Childbirth Act [123630 - 123630.7] ( Article 4.6 added by Stats. 2019, Ch. 533, Sec. 3. ) ## 123630. This article shall be known, and may be cited, as the California Dignity in Pregnancy and Childbirth Act. (Added by Stats. 2019, Ch. 533, Sec. 3. (SB 464) Effective January 1, 2020.)
  174. 123630.1.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4.6. California Dignity in Pregnancy and Childbirth Act [123630 - 123630.7] ( Article 4.6 added by Stats. 2019, Ch. 533, Sec. 3. )

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    This section states legislative findings about dignity and respect in pregnancy and childbirth care, and about reducing implicit bias in care.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4.6. California Dignity in Pregnancy and Childbirth Act [123630 - 123630.7] ( Article 4.6 added by Stats. 2019, Ch. 533, Sec. 3. ) ## 123630.1. The Legislature hereby finds and declares all of the following: (a) Every person should be entitled to dignity and respect during and after pregnancy and childbirth. Patients should receive the best care possible regardless of their race, gender, age, class, sexual orientation, gender identity, disability, language proficiency, nationality, immigration status, gender expression, or religion. (b) The United States has the highest maternal mortality rate in the developed world. About 700 women die each year from childbirth, and another 50,000 suffer from severe complications. In California, since 2006, the rate of maternal death has decreased 55 percent, in contrast to the steady increase in the United States as a whole. (c) However, for women of color, particularly Black women, the maternal mortality rate remains three to four times higher than White women. Black women make up 5 percent of the pregnancy cohort in California, but 21 percent of the pregnancy-related deaths. (d) Forty-one percent of all pregnancy-related deaths had a good to strong chance of preventability. California has a responsibility to decrease the number of preventable pregnancy-related deaths. (e) Pregnancy-related deaths among Black women are also more likely to be miscoded. Thirty-five percent of pregnancy-related deaths among Black women in California were miscoded, misidentifying pregnancy-related deaths as other deaths. (f) Access to prenatal care, socioeconomic status, and general physical health do not fully explain the disparity seen in Black women’s maternal mortality and morbidity rates. There is a growing body of evidence that Black women are often treated unfairly and unequally in the health care system. (g) Implicit bias is a key cause that drives health disparities in communities of color. At present, health care providers in California are not required to undergo any implicit bias testing or training. Nor does there exist any system to track the number of incidents where implicit prejudice and implicit stereotypes have led to negative birth and maternal health outcomes. (h) It is the intent of the Legislature to reduce the effects of implicit bias in pregnancy, childbirth, and postnatal care so that all people are treated with dignity and respect by their health care providers. (i) The Legislature recognizes all birthing people, including nonbinary persons and persons of transgender experience. (j) All persons who may interact with perinatal patients to gatekeep, facilitate, or coordinate access to timely, responsive, respectful, and appropriate medical care may impact Black birthing persons’ maternal mortality and morbidity outcomes, including, but not limited to, hospital or facility employees who facilitate, control, or directly or indirectly coordinate access to timely and appropriate medical treatment as well as those who provide medical and ancillary treatment. (Amended by Stats. 2024, Ch. 621, Sec. 1. (AB 2319) Effective January 1, 2025.)
  175. 123630.2.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4.6. California Dignity in Pregnancy and Childbirth Act [123630 - 123630.7] ( Article 4.6 added by Stats. 2019, Ch. 533, Sec. 3. )

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    This section defines several terms used in the article, including pregnancy-related death, implicit bias, implicit prejudice, implicit stereotypes, and perinatal care.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4.6. California Dignity in Pregnancy and Childbirth Act [123630 - 123630.7] ( Article 4.6 added by Stats. 2019, Ch. 533, Sec. 3. ) ## 123630.2. For the purposes of this article, the following terms have the following meanings: (a) “Pregnancy-related death” is the death of a person while pregnant or within 365 days of the end of a pregnancy, irrespective of the duration or site of the pregnancy, from any cause related to, or aggravated by, the pregnancy or its management, but not from accidental or incidental causes. (b) “Implicit bias” is a bias in judgment or behavior that results from subtle cognitive processes, including implicit prejudice and implicit stereotypes that often operate at a level below conscious awareness and without intentional control. (c) “Implicit prejudice” is prejudicial negative feelings or beliefs about a group that a person holds without being aware of them. (d) “Implicit stereotypes” are the unconscious attributions of particular qualities to a member of a certain social group. Implicit stereotypes are influenced by experience and are based on learned associations between various qualities and social categories, including race or gender. (e) “Perinatal care” is the provision of care during pregnancy, labor, delivery, and postpartum and neonatal periods. “Perinatal care” includes, but is not limited to, prenatal care. (Amended by Stats. 2024, Ch. 621, Sec. 2. (AB 2319) Effective January 1, 2025.)
  176. 123630.3.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4.6. California Dignity in Pregnancy and Childbirth Act [123630 - 123630.7] ( Article 4.6 added by Stats. 2019, Ch. 533, Sec. 3. )

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    Certain hospitals, birth centers, and clinics must run an evidence-based implicit bias program for perinatal care staff and meet training and reporting deadlines.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4.6. California Dignity in Pregnancy and Childbirth Act [123630 - 123630.7] ( Article 4.6 added by Stats. 2019, Ch. 533, Sec. 3. ) ## 123630.3. (a) A hospital as defined in subdivision (a) or (f) of Section 1250 that provides perinatal care, and an alternative birth center or primary care clinic subject to Section 1204.3, shall implement an evidence-based implicit bias program for all health care providers involved in the perinatal care of patients within those facilities, including: (1) All persons licensed under Division 2 of the Business and Professions Code (commencing with Section 500) who are regularly assigned to provide perinatal care, including, but not limited to, those in primary care clinics, alternative birthing centers, outpatient clinics, or emergency departments. (2) All persons who are regularly assigned to positions where they interact with perinatal patients, including, but not limited to, physician assistants, medical assistants, licensed vocational nurses, doctors, or those who facilitate, control, or coordinate access to timely and appropriate medical treatment, as well as any others who provide medical and ancillary treatment. (b) An implicit bias program implemented pursuant to subdivision (a) shall include all of the following: (1) Identification of previous or current unconscious biases and misinformation. (2) Identification of personal, interpersonal, institutional, structural, and cultural barriers to inclusion. (3) Corrective measures to decrease implicit bias at the interpersonal and institutional levels, including ongoing policies and practices for that purpose. (4) Information on the effects, including, but not limited to, ongoing personal effects, of historical and contemporary exclusion and oppression of minority communities. (5) Information about cultural identity across racial or ethnic groups. (6) Information about communicating more effectively across identities, including racial, ethnic, religious, and gender identities. (7) Discussion on power dynamics and organizational decisionmaking. (8) Discussion on health inequities within the perinatal care field, including information on how implicit bias impacts maternal and infant health outcomes. (9) Perspectives of diverse, local constituency groups and experts on particular racial, identity, cultural, and provider-community relations issues in the community. (10) Information on reproductive justice. (11) Recognition of intersecting identities, including, but not limited to, nonbinary persons and persons of transgender experience, and the multiple layers of potential biases that could come into play, resulting in harm to patients and their infants. (c) (1) A health care provider described in subdivision (a) shall complete initial basic training through the implicit bias program based on the components described in subdivision (b). This initial basic training must be completed by June 1, 2025, for all current health care providers. The initial basic training must be provided to new health care providers at all facilities within six months of their start at the new facility unless subdivision (d) applies. (2) Upon completion of the initial basic training, a health care provider shall complete a refresher course under the implicit bias program every two years thereafter, or on a more frequent basis if deemed necessary by the facility, in order to keep current with changing racial, identity, and cultural trends and best practices in decreasing interpersonal and institutional implicit bias. (3) The training shall be provided during paid work time. (d) A facility described in subdivision (a) shall provide a certificate of training completion to another facility or a training attendee upon request. A facility may accept a certificate of completion from another facility described in subdivision (a) to satisfy the training requirement described in subdivision (c) for a health care provider who works in more than one facility. (e) Notwithstanding subdivisions (a) to (d), inclusive, if a physician involved in the perinatal care of patients is not directly employed by a facility, the facility shall offer the training to the physician. (f) By February 1 of each year, commencing in 2026, a facility described in subdivision (a) shall provide the Attorney General with proof of compliance. Proof of compliance shall include all of the following: (1) A list of all of the health care providers described in paragraph (1) of subdivision (a) who completed the training requirements outlined in subdivision (c). (2) The dates that each health care provider completed their training. (3) The written materials used in the training. (4) A description of the training, including substance, format, and duration. (5) A list that outlines the categories by job title of the health care providers described in paragraph (1) of subdivision (a) who did not participate in the training, if any. Each category shall include both of the following: (A) A delineation of the respective health care provider or providers by employee status. (B) The number and percentage of the health care providers who failed to complete the training out of the total relevant health care providers within the respective category. (g) A facility described in subdivision (a) that violates the requirement to implement an implicit bias program pursuant to subdivision (a) of this section, or fails to submit proof of compliance to the Attorney General pursuant to subdivision (f) of this section shall be liable for a civil penalty of five thousand dollars ($5,000) for the first violation and fifteen thousand dollars ($15,000) for the second and each subsequent violation. In the event a facility’s proof of compliance submitted to the Attorney General reveals systemic failure of providers to complete the training requirements outlined in subdivision (c), the facility shall be liable for a civil penalty of five thousand dollars ($5,000) for the first violation, and fifteen thousand dollars ($15,000) for the second and each subsequent violation. Civil penalties specified in this subdivision shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General in any court of competent jurisdiction. The Attorney General shall be awarded all attorney’s fees and costs in any civil action in which a court imposes any of the penalties described in this section. The penalties provided by this subdivision are not exclusive and do not limit other remedies available in law for such violations. (h) (1) For purposes of subdivision (g), “systemic failure” means the lesser of the following: (A) Ten percent or more of providers failing to complete the training, provided that if only one or two providers did not receive the training, the facility was provided a reasonable opportunity to cure before a penalty is pursued. (B) Twenty-five providers failing to complete the required training. (2) For purposes of the definition of “systemic failure,” failure by a physician who is not directly employed by the facility shall not be counted toward the percentage of providers failing to complete the required training where the facility demonstrates that the required training was offered to the physician, pursuant to subdivision (e). (i) The Attorney General may post on their website a list of all facilities that did not timely submit proof of compliance pursuant to subdivision (f) or that were assessed penalties pursuant to subdivision (g). The Attorney General may include all of the following information when listing the facilities that were assessed penalties: (1) The date the penalty was issued. (2) The amount of the penalty. (3) The reason the penalty was issued. (4) The percentage of untrained providers. (5) The date of facility noncompliance. (j) The Attorney General may post on their internet website any other compliance data related to this article they deem appropriate. (k) This section shall not be construed to limit the Attorney General from disclosing, on their internet website or otherwise, any information that they are otherwise not restricted from disclosing by any other provision of law. (Amended by Stats. 2024, Ch. 621, Sec. 3. (AB 2319) Effective January 1, 2025.)
  177. 123630.4.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4.6. California Dignity in Pregnancy and Childbirth Act [123630 - 123630.7] ( Article 4.6 added by Stats. 2019, Ch. 533, Sec. 3. )

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    The State Department of Public Health must track severe maternal morbidity and pregnancy-related death data and publish it at least every three years, after required regional aggregation and racial and ethnic disaggregation.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4.6. California Dignity in Pregnancy and Childbirth Act [123630 - 123630.7] ( Article 4.6 added by Stats. 2019, Ch. 533, Sec. 3. ) ## 123630.4. (a) The State Department of Public Health shall track data on severe maternal morbidity, including, but not limited to, all of the following health conditions: (1) Obstetric hemorrhage. (2) Hypertension. (3) Preeclampsia and eclampsia. (4) Venous thromboembolism. (5) Sepsis. (6) Cerebrovascular accident. (7) Amniotic fluid embolism. (b) The data on severe maternal morbidity collected pursuant to subdivision (a) shall be published at least once every three years, after all of the following have occurred: (1) The data has been aggregated by state regions, as defined by the State Department of Public Health, to ensure data reflects how regionalized care systems are or should be collaborating to improve maternal health outcomes, or other smaller regional sorting based on standard statistical methods for accurate dissemination of public health data without risking a confidentiality or other disclosure breach. (2) The data has been disaggregated by racial and ethnic identity. (c) The State Department of Public Health shall track data on pregnancy-related deaths, including, but not limited to, all of the conditions listed in subdivision (a), indirect obstetric deaths, and other maternal disorders predominantly related to pregnancy and complications predominantly related to the puerperium. (d) The data on pregnancy-related deaths collected pursuant to subdivisions (a) and (c) shall be published, at least once every three years, after all of the following have occurred: (1) The data has been aggregated by state regions, as defined by the State Department of Public Health, to ensure data reflects how regionalized care systems are or should be collaborating to improve maternal health outcomes, or other smaller regional sorting based on standard statistical methods for accurate dissemination of public health data without risking a confidentiality or other disclosure breach. (2) The data has been disaggregated by racial and ethnic identity. (Added by Stats. 2019, Ch. 533, Sec. 3. (SB 464) Effective January 1, 2020.)
  178. 123630.5.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4.6. California Dignity in Pregnancy and Childbirth Act [123630 - 123630.7] ( Article 4.6 added by Stats. 2019, Ch. 533, Sec. 3. )

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    Hospitals must add an evidence-based implicit bias program to their new graduate training programs for new nursing program graduates.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4.6. California Dignity in Pregnancy and Childbirth Act [123630 - 123630.7] ( Article 4.6 added by Stats. 2019, Ch. 533, Sec. 3. ) ## 123630.5. (a) A hospital, as defined in subdivision (a) of Section 1250, shall implement an evidence-based implicit bias program, as described in subdivision (b) of Section 123630.3, as part of its new graduate training program that hires and trains new nursing program graduates. (b) If the hospital hires and trains new nursing program graduates who are subject to subdivision (c) of Section 123630.3, compliance by the hospital with Section 123630.3 shall meet the requirements of subdivision (a) only with respect to those new nursing program graduates subject to subdivision (c) of Section 123630.3. (Added by Stats. 2021, Ch. 445, Sec. 3. (AB 1407) Effective January 1, 2022.)
  179. 123630.6.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4.6. California Dignity in Pregnancy and Childbirth Act [123630 - 123630.7] ( Article 4.6 added by Stats. 2019, Ch. 533, Sec. 3. )

    Verify source ↗

    The Attorney General may publish a biennial report about compliance data related to this article, and the report may be posted on the Attorney General’s website.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4.6. California Dignity in Pregnancy and Childbirth Act [123630 - 123630.7] ( Article 4.6 added by Stats. 2019, Ch. 533, Sec. 3. ) ## 123630.6. The Attorney General may publish a report outlining compliance data related to this article on a biennial basis. The report may be posted on the Attorney General’s internet website. (Added by Stats. 2024, Ch. 621, Sec. 4. (AB 2319) Effective January 1, 2025.)
  180. 123630.7.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4.6. California Dignity in Pregnancy and Childbirth Act [123630 - 123630.7] ( Article 4.6 added by Stats. 2019, Ch. 533, Sec. 3. )

    Verify source ↗

    If part of the California Dignity in Pregnancy and Childbirth Act is held invalid, the rest of the Act remains effective to the extent it can still be given effect.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4.6. California Dignity in Pregnancy and Childbirth Act [123630 - 123630.7] ( Article 4.6 added by Stats. 2019, Ch. 533, Sec. 3. ) ## 123630.7. If any provision of the California Dignity in Pregnancy and Childbirth Act, or the application of any such provision to any person or circumstances, shall be held invalid, the remainder of the California Dignity in Pregnancy and Childbirth Act, to the extent it can be given effect, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and to this end the provisions of the California Dignity in Pregnancy and Childbirth Act are severable. (Added by Stats. 2024, Ch. 621, Sec. 5. (AB 2319) Effective January 1, 2025.)
  181. 123635.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4.7. California Pregnancy-Associated Review Committee [123635 - 123637] ( Article 4.7 added by Stats. 2021, Ch. 449, Sec. 3. )

    Verify source ↗

    This section defines several maternal health terms used in the article.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4.7. California Pregnancy-Associated Review Committee [123635 - 123637] ( Article 4.7 added by Stats. 2021, Ch. 449, Sec. 3. ) ## 123635. For the purposes of this section, the following terms apply: (a) “Maternal mortality” or “maternal death” means the death of a person during pregnancy or within a year from the end of pregnancy, and related to, or aggravated by, the pregnancy or birth, including, but not limited to, death by suicide. (b) “Pregnancy-associated death” means a death of a person while pregnant or within one year of the end of a pregnancy, regardless of the cause. (c) “Pregnancy-related death” means a death that occurs while pregnant or up to a year postpartum from any cause related to, or aggravated by, the pregnancy or its management, irrespective of the duration of the pregnancy. (d) “Severe maternal morbidity” means unexpected outcomes of pregnancy, labor, or delivery that result in significant short- or long-term consequences to the pregnant person’s mental or physical health. (Added by Stats. 2021, Ch. 449, Sec. 3. (SB 65) Effective January 1, 2022. Operative August 1, 2022, pursuant to Section 123637.)
  182. 123636.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4.7. California Pregnancy-Associated Review Committee [123635 - 123637] ( Article 4.7 added by Stats. 2021, Ch. 449, Sec. 3. )

    Verify source ↗

    This section creates the California Pregnancy-Associated Review Committee and sets out how it must review maternal deaths, report findings, keep records confidential, and avoid using certain peer review materials.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4.7. California Pregnancy-Associated Review Committee [123635 - 123637] ( Article 4.7 added by Stats. 2021, Ch. 449, Sec. 3. ) ## 123636. (a) The California Pregnancy-Associated Review Committee is hereby established under the State Department of Public Health to continuously engage in the comprehensive, regular, and uniform review and reporting of maternal deaths throughout the state. The department, in collaboration with the designated state perinatal quality collaborative, shall oversee the committee. The committee may incorporate the membership of the California Pregnancy-Associated Mortality Review Committee, as it existed on December 31, 2021. (b) The purposes of the committee include, but are not limited to, all of the following: (1) Identifying and reviewing all pregnancy-related deaths, including the cause, contributing factors, and disseminating findings. (2) Analyzing common indicators of severe maternal morbidity to identify prevention opportunities and reduce near-miss experiences. (3) Making recommendations on best practices to prevent maternal mortality and morbidity, including, but not limited to, addressing socioeconomic impacts, as well as various environmental impacts, including global warming, on pregnancy outcomes. (4) Examining racial disparities and making recommendations on the prevention of racial disparities. (5) Tracking and examining disparities experienced by lesbian, bisexual, transgender, intersex, and gender-nonconforming individuals and reporting findings, to the extent possible. (6) Collecting and reviewing data from maternal death investigations and making recommendations about how to improve or streamline data collection and investigatory processes. (c) (1) In addition to reviewing medical records, death certificates, and other pertinent reports, committee review of maternal deaths shall include, to the degree practicable, for populations experiencing disparity, voluntary interview with the following individuals: (A) Pertinent surviving family members or support people present with direct knowledge of, or involvement in, the event, including the patient in cases of severe maternal morbidity. The committee shall transcribe or summarize in writing any oral statements received pursuant to this paragraph. (B) Members of the medical team who were present or involved in the deceased individual’s direct care. (2) In determining the practicality of the interviews pursuant to subparagraphs (A) and (B), the committee may prioritize interviews with populations that have a documented higher rate of maternal death. (d) The committee shall publish its findings to the public every three years as part of the publication of data on severe maternal morbidity, as required pursuant to Section 123630.4. The committee’s findings shall also include recommendations on how to prevent severe maternal morbidity and maternal mortality and how to reduce racial disparities. (e) (1) The committee shall be composed of a minimum of 13 members. The members shall be comprised of multidisciplinary personnel and experts in the field of maternal mortality and morbidity, data analysis in maternal and fetal health, women’s health, clinicians in maternal health, anesthesiology, pathology, and perinatology, and representatives from various public health entities, and shall include all of the following: (A) At least one obstetrician. (B) At least one certified nurse-midwife. (C) At least one certified professional midwife. (D) At least one hospital-based registered nurse or advanced practice nurse experienced in perinatal health. (E) A clinician or patient advocate from a birthing center, if not already represented by a member otherwise listed. (F) At least one public member with relevant personal experience related to maternal morbidity or maternal mortality who has experienced birth and does not fit in another classification. (G) At least one doula. (H) At least one person from a community-based organization that works in perinatal health. (I) At least one person from an organization that works with populations that have disproportionately high occurrences of maternal mortality and morbidity. (J) At least one person who is an expert on mental and behavioral health, preferably with experience in perinatal health. (K) At least one person from a native tribe, preferably with experience in perinatal health. (L) At least one representative of the Maternal, Child, and Adolescent Health Division of the department. (M) At least one family physician. (N) At least one emergency room physician familiar with perinatal health. (2) The committee shall prioritize for membership members who are representative of the diversity and geographic locations of the pregnant people in populations with disproportionately high occurrences of maternal mortality and morbidity. (3) The State Public Health Officer shall appoint a maternal mortality expert to be a member of the committee as the chair of the committee. The chair shall appoint the other members of the committee in accordance with the criteria specified in paragraph (1). (4) The committee may create subcommittees, as needed, to carry out its duties. (f) The committee may request from any state department, division, commission, local health department, or other agency of the state or political subdivision thereof, or any public authority, as well as hospitals, birthing facilities, medical examiners, coroners, coroner physicians, and any other facility or individual providing services associated with maternal mortality, and those individuals and entities shall provide information, including, but not limited to, death records, medical records, autopsy reports, toxicology reports, hospital discharge records, birth records, and any other information that will help the committee to properly carry out its functions, powers, and duties. The committee shall not request, and health care providers shall not provide, reports, testimony, or other information produced as a result of activities undertaken by organized committees of a hospital medical staff or peer review body, as defined in Section 805 of the Business and Professions Code, that has the responsibility to evaluate or improve the quality of care rendered in a hospital. (g) Except as otherwise provided by this article, all proceedings and activities of the committee, all opinions of the members of the committee that are formed as a result of the committee’s proceedings and activities, and all records obtained, created, or maintained by the committee, including written reports and records of interviews or oral statements, shall be confidential, and in accordance with Sections 1157 and 1157.5 of the Evidence Code, shall not be subject to public inspection, discovery, subpoena, or introduction into evidence in any civil, criminal, legislative, administrative, or other proceeding. (h) In no case shall the committee disclose any personally identifiable information to the public, or include any personally identifiable information in a case summary that is prepared pursuant to this article, or in any report that is prepared. (i) To the extent prescribed by Sections 1157 and 1157.5 of the Evidence Code, members of the committee shall not be questioned in any civil, criminal, legislative, administrative, or other proceeding regarding information that has been presented in, or opinions that have been formed as a result of, a meeting or communication of the committee. However, nothing in this paragraph shall prohibit a committee member from being questioned, or from testifying, in relation to publicly available information or information that was obtained independently of the member’s participation on the committee, or as an expert witness in maternal death cases unrelated to their case review as a member of the committee. (j) This section does not prohibit the committee from publishing, or from otherwise making available for public inspection, statistical compilations or reports that are based on confidential information, provided that those compilations and reports do not contain personally identifying information or other information that could be used to ultimately identify the individuals concerned, and shall utilize standard public health reporting practices for accurate dissemination of these data elements, especially with regard to the reporting of small numbers so as to inadvertently risk a breach of confidentiality or other disclosure. (k) A health care provider, health care facility, or pharmacy providing access to medical records pursuant to this section shall not be held liable for civil damages or be subject to any criminal or disciplinary action for good faith efforts in providing the records. (Added by Stats. 2021, Ch. 449, Sec. 3. (SB 65) Effective January 1, 2022. Operative August 1, 2022, pursuant to Section 123637.)
  183. 123637.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4.7. California Pregnancy-Associated Review Committee [123635 - 123637] ( Article 4.7 added by Stats. 2021, Ch. 449, Sec. 3. )

    Verify source ↗

    This article becomes operative on August 1, 2022.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4.7. California Pregnancy-Associated Review Committee [123635 - 123637] ( Article 4.7 added by Stats. 2021, Ch. 449, Sec. 3. ) ## 123637. This article is operative on August 1, 2022. (Added by Stats. 2021, Ch. 449, Sec. 3. (SB 65) Effective January 1, 2022.)
  184. 123640.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 6. Maternal Mental Health [123640- 123640.] ( Article 6 added by Stats. 2018, Ch. 755, Sec. 2. )

    Verify source ↗

    A licensed health care practitioner providing prenatal, postpartum, or interpregnancy care must ensure the mother is offered, or is appropriately given, screening for maternal mental health conditions.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 6. Maternal Mental Health [123640- 123640.] ( Article 6 added by Stats. 2018, Ch. 755, Sec. 2. ) ## 123640. (a) A licensed health care practitioner who provides prenatal, postpartum, or interpregnancy care for a patient shall ensure that the mother is offered screening or is appropriately screened for maternal mental health conditions. (b) This section shall not apply to a licensed health care practitioner when providing emergency services or care, as defined in Section 1317.1. (c) This section does not preclude any licensed or certified provider acting within their scope of practice from screening for maternal mental health conditions. (d) For purposes of this section, the following definitions apply: (1) “Health care practitioner” means a physician and surgeon, naturopathic doctor, nurse practitioner, physician assistant, nurse midwife, or a midwife licensed pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code or an initiative act referred to in that division and who is acting within their scope of practice. (2) “Maternal mental health condition” means a mental health condition that occurs during pregnancy, the postpartum period, or interpregnancy and includes, but is not limited to, postpartum depression. (Amended by Stats. 2021, Ch. 535, Sec. 1. (AB 1477) Effective January 1, 2022.)
  185. 123641.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 7. Los Angeles County Abortion Access Safe Haven Pilot Program [123641- 123641.] ( Article 7 added by Stats. 2022, Ch. 567, Sec. 2. )

    Verify source ↗

    This section creates a Los Angeles County pilot program funded with $20 million, limits some administrative spending, requires reporting, protects personal information, and allows certain contracts and exemptions.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 7. Los Angeles County Abortion Access Safe Haven Pilot Program [123641- 123641.] ( Article 7 added by Stats. 2022, Ch. 567, Sec. 2. ) ## 123641. (a) (1) Of the amounts appropriated in Schedule (3) of Item 4260-101-0001 of the Budget Act of 2022 for this purpose, twenty million dollars ($20,000,000) is available for encumbrance and expenditure until June 30, 2028, to establish the Los Angeles County Abortion Access Safe Haven Pilot Program for the purpose of expanding and improving access to the full spectrum of sexual and reproductive health care, including abortion, in the County of Los Angeles. (2) Up to 8 percent of funds allocated may be used by a program administrator, as designated by the County of Los Angeles, to cover administrative costs related to completing activities consistent with this section. (b) Funds allocated to the County of Los Angeles or its program administrator for the Los Angeles County Abortion Access Safe Haven Pilot Program shall be used to administer a pilot project to support innovative approaches and patient-centered collaborations to safeguard patient access to abortions. Funds may be used for the purpose of implementing recommendations from the County of Los Angeles, including, but not limited to, any of the following: (1) Providing medically accurate education and training tools to the community. (2) Providing training to health care workers and abortion providers. (3) Building secure infrastructure. (4) Countering misinformation campaigns and providing medically accurate information to health care providers and patients. (5) Coordinating care and patient support services. (6) Advancing and improving access to abortion. (c) (1) The Los Angeles County Abortion Access Safe Haven Pilot program administrator shall use funds allocated under this section to maintain a system of financial reporting on all aspects of the fund. The financial reporting shall include information on expenditures and activities using the funds associated with this provision to ensure the use of the funds are consistent with the purposes of this section. (2) For purposes of this section, the program administrator shall not require the submission of any identifying personal information about individuals providing, participating in, or receiving any service as part of an application for a grant or reporting of expenditures and activities using grant funds under this article. Information required by the program administrator shall only include information in summary, statistical, or other forms that do not identify particular individuals. (d) The program administrator, as designated by the County of Los Angeles, shall determine a funding framework to prioritize funding for pilot programs and projects in consultation with stakeholders, including representatives from the local departments of public health, the Los Angeles County Chief Executive Office, sexual and reproductive health providers that serve the region, and reproductive health, rights, and justice community-based organizations. (e) The program administrator shall provide an annual report to the Legislature summarizing the projects and collaborations funded under this section. The report shall also include data on the balances of funds available under this division for expenditures in that fiscal year and future fiscal years. The first annual report shall be submitted on or before January 1, 2025, and shall cover the period of July 1, 2023, to July 1, 2024, inclusive. Each subsequent annual report shall be submitted on or before January 1, and shall cover the previous fiscal year. The report shall be submitted in compliance with Section 9795 of the Government Code. (f) An application for a grant under this article and financial reporting by grantees are exempt from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (g) The State Department of Health Care Services may enter into exclusive or nonexclusive contracts, or amend existing contracts, on a bid or negotiated basis for purposes of implementing this section. Contracts entered into or amended pursuant to this section are exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and the State Administrative Manual, and are exempt from the review or approval of any division of the Department of General Services. (Added by Stats. 2022, Ch. 567, Sec. 2. (SB 1245) Effective January 1, 2023.)
  186. 123643.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 8. San Diego County Pelvic Floor and Core Conditioning Pilot Program [123643- 123643.] ( Article 8 added by Stats. 2024, Ch. 202, Sec. 1. )

    Verify source ↗

    San Diego County may run a pelvic floor and core conditioning pilot program, and the program must use certified postpartum providers and record specified outcome information.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Maternal Health [123375 - 123643] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 8. San Diego County Pelvic Floor and Core Conditioning Pilot Program [123643- 123643.] ( Article 8 added by Stats. 2024, Ch. 202, Sec. 1. ) ## 123643. (a) (1) Commencing January 1, 2026, until January 1, 2029, San Diego County may establish a pilot program for pelvic floor and core conditioning group classes. (2) The classes shall be a combination of yoga and pilates exercises that strengthen the pelvic floor muscles. The classes shall be provided to people twice a week between their 6-to-12-week postpartum window to help people rebuild their pelvic floor after pregnancy. (b) The program shall require all postpartum providers who teach the classes to be certified. (c) The program shall record the following information to directly assess pelvic floor changes, including, but not limited to, both of the following: (1) The number of incontinent episodes per week before and after the exercises. (2) Any changes with varied increases or decreases in intraabdominal pressure, including leaking with a jump, cough, or sneeze. (Added by Stats. 2024, Ch. 202, Sec. 1. (AB 2756) Effective January 1, 2025.)
  187. 123650.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. Child Health [123650 - 124174.6] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Infant Mortality and Morbidity Prevention [123650 - 123660] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department must develop a plan on infant mortality and morbidity in California, and the plan must be completed by July 1, 1988.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. Child Health [123650 - 124174.6] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Infant Mortality and Morbidity Prevention [123650 - 123660] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123650. (a) The department shall develop a plan to identify causes of infant mortality and morbidity in California and to study recommendations on the reduction of infant mortality and morbidity in California. (b) The study plan shall be completed on or before July 1, 1988, and shall be developed in conjunction with, and reviewed by, each of the following organizations: (1) The California Medical Association. (2) The California Nurses Association. (3) The California Hospital Association. (4) The American College of Obstetrics and Gynecologists. (5) The American College of Nurse Midwives. (6) The California Academy of Family Physicians. (7) The American Academy of Pediatrics. (8) The California Association of Freestanding Birth Centers. (9) The American Public Health Association. (10) The Medical Board of California. (11) The Board of Registered Nurses. (12) The Department of Consumer Affairs. (13) The office. (14) The California Association of Midwives. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  188. 123655.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. Child Health [123650 - 124174.6] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Infant Mortality and Morbidity Prevention [123650 - 123660] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department must report to the Legislature about causal factors in infant mortality and morbidity by July 1, 1989.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. Child Health [123650 - 124174.6] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Infant Mortality and Morbidity Prevention [123650 - 123660] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123655. The study plan shall incorporate in its design the findings of MCH Title V Research Contract DHS 8689088, the “Maternal Neonatal and Fetal Mortality Study.” The department shall issue a report to the Legislature on or before July 1, 1989, concerning causal factors in infant mortality and morbidity. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  189. 123660.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. Child Health [123650 - 124174.6] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Infant Mortality and Morbidity Prevention [123650 - 123660] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    This section requires counties and local health departments to report and review infant deaths, create a mortality review committee in qualifying counties, keep review materials confidential, and share requested records within 30 days.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. Child Health [123650 - 124174.6] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Infant Mortality and Morbidity Prevention [123650 - 123660] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123660. (a) The Legislature finds that the Fetal and Infant Mortality Review process is used to identify and take action to prevent a wide range of local social, economic, public health, education, environmental, and safety factors that contribute to the tragedy of fetal and infant loss. (b) (1) Each county shall annually report infant deaths to the local health department. (A) The data shall be aggregated to ensure data reflects how regionalized care systems are, or should be, collaborating to improve fetal and infant health outcomes based on standard statistical methods for accurate dissemination of public health data without risking a confidentiality or other disclosure breach. (B) The data shall be disaggregated by racial and ethnic identity. (2) A local health department shall, subject to subdivision (e), establish a Fetal and Infant Mortality Review committee to investigate infant deaths to prevent fetal and infant death if both of the following apply with respect to the county: (A) The county has five or more infant deaths in a single year. (B) The county has a death rate that is higher than the state’s death rate for two consecutive years. (c) A local public health department that participates in the Fetal and Infant Mortality Review process established by the department shall do all of the following: (1) Annually investigate, track, and review a minimum amount of 20 percent of the county’s cases of term infants who were born following labor with the outcome of intrapartum stillbirth, early neonatal death, or postneonatal death, focusing on demographic groups that are disproportionately impacted by infant death. A county that has less than five deaths in a year shall investigate at least one death. For purposes of this section, “term infants” means infants who are at 36 weeks or more of gestation. (2) Establish a committee for fetal and infant mortality reviews led by local health departments. The committee shall include members of the community, and shall not include anyone employed by a law enforcement agency. In counties where the coroner, medical examiner, or other medical professional is employed by law enforcement, these individuals can share information with the committee in their medical professional capacity only. (A) All data and records obtained, prepared, created, and maintained in anticipation of a review meeting shall be confidential. Data and records prepared, created, and maintained in anticipation of a review meeting shall not be subject to public records requests, subpoena, or civil processes and shall not be admissible in evidence in connection with any administrative, judicial, executive, legislative, or other proceeding. (B) All participants engaged in and associated with the review process shall sign a confidentiality agreement that states they will not discuss or share information about individual cases and the proceedings of the review meeting, outside of the meeting. This shall not preclude the committee from publishing, or from otherwise making available for public inspection, statistical compilations or reports that are based on confidential information, provided that those compilations or reports do not contain personally identifying information or other information that could be used to ultimately identify the individuals concerned, and shall utilize standard public health reporting practices for accurate dissemination of these data elements, especially with regard to the reporting of small numbers so as to inadvertently risk a breach of confidentiality or other disclosure. (C) To the extent prescribed by Sections 1157 and 1157.5 of the Evidence Code, members of a team, persons attending a team meeting, and persons who present information to a team may not be questioned in any administrative, civil, or criminal proceeding regarding information presented in, or opinions formed as a result of, a meeting. This subparagraph does not prohibit a person from testifying to information obtained independently of the team or that is public information. A health care provider, health care facility, or pharmacy providing access to medical records pursuant to this section shall not be held liable for civil damages or be subject to any criminal or disciplinary action for good faith efforts in providing the records. (3) Conduct voluntary interviews with individuals who have experienced child loss or surviving family members of maternal or infant death who have knowledge of the event. The interview shall include questions to determine if the pregnant person had concerns about perinatal care during any point in their pregnancy or postpartum care, whether there were disagreements about care offered and received, and whether the pregnant person had asked for certain care that was denied or not received. (4) Conduct a report or investigation, to the degree practicable, with all medical staff involved with the event. (5) Offer grief counseling to surviving family members. (d) Counties, hospitals, birthing centers, and state entities shall provide to local health departments death records, medical records, autopsy reports, toxicology reports, hospital discharge records, birth records, and any other information that will help the local health department conduct the fetal and infant mortality review within 30 days of a request made in writing by a local health department. The local health department shall not request, and health care providers shall not provide, reports, testimony, or other information produced as a result of activities undertaken by organized committees of a hospital medical staff or peer review body, as defined in Section 805 of the Business and Professions Code, that has the responsibility to evaluate or improve the quality of care rendered in a hospital. (e) The requirements of this section apply to a local health department only upon the appropriation of funds by the Legislature for these purposes in the annual Budget Act or another act. (Added by Stats. 2021, Ch. 449, Sec. 4. (SB 65) Effective January 1, 2022.)
  190. 1237.

    ## 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 4. Offenses [1235 - 1238] ( Article 4 added by Stats. 1978, Ch. 1147. )

    Verify source ↗

    A director’s action against a clinic does not stop just because the clinic is sold or transferred, unless the director gives express written consent.

    ## 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 4. Offenses [1235 - 1238] ( Article 4 added by Stats. 1978, Ch. 1147. ) ## 1237. Any action brought by the director against a clinic shall not abate by reason of a sale or other transfer of ownership of the facility which is a party to the action, except with express written consent of the director. (Repealed and added by Stats. 1978, Ch. 1147.)
  191. 123700.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. Child Health [123650 - 124174.6] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.5. Infant Botulism Treatment and Prevention Program [123700 - 123709] ( Heading of Article 2.5 renumbered from Article 3.55 (and relocated from Chapter 2 of Part 1 of Division 1) by Stats. 1996, Ch. 1023, Sec. 116. )

    Verify source ↗

    This section explains the infant botulism program and says the health department must provide BIG to patients nationwide if the clinical trial shows BIG is safe and effective.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. Child Health [123650 - 124174.6] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.5. Infant Botulism Treatment and Prevention Program [123700 - 123709] ( Heading of Article 2.5 renumbered from Article 3.55 (and relocated from Chapter 2 of Part 1 of Division 1) by Stats. 1996, Ch. 1023, Sec. 116. ) ## 123700. (a) Infant botulism is an acute, life-threatening paralytic disease of babies caused by a potent bacterial neurotoxin. (b) Half of all cases of infant botulism in the United States occur in California, where the causative bacterial spores are known to be highly endemic. In any given year between 30 and 50 infants with botulism are hospitalized in California, thus qualifying infant botulism as an “orphan disease” as defined by the federal Orphan Drug Act of 1983 (P.L. 97-414, as amended). (c) The cost of hospitalization of these afflicted babies for the five years 1988–92 were approximately fourteen million dollars ($14,000,000). Over two million seven hundred thousand dollars ($2,700,000) of these costs were paid by the State Department of Health Services through its Medi-Cal and California Children’s Services programs, while over one million four hundred thousand ($1,400,000) of these costs were absorbed as operating losses by California hospitals. (d) Hospital stay for these critically-ill infants averages five weeks and costs approximately seventy thousand dollars ($70,000) per case. In 1992 a single case was hospitalized over six months at a cost in excess of five hundred five thousand dollars ($505,000). In 1988 a single infant was hospitalized for 10 months at a cost of over six hundred thirty-five thousand dollars ($635,000). (e) In an effort to reduce these costs, the State Department of Health Services began in early 1992 a four-year clinical trial of a potential new medicine, human Botulism Immune Globulin (BIG), specifically designed for the treatment of infant botulism. The funding for this clinical trial is being provided by the United States Food and Drug Administration. (f) As defined in the federal Orphan Drug Act, the State Department of Health Services is the official sponsor of BIG. As such, the department is responsible for providing and distributing an ongoing supply of BIG to infant botulism patients nationwide if the clinical trial shows that BIG is safe and effective treatment for infant botulism. The clinical trial is expected to end in 1996. (g) If human-derived BIG proves to be effective, then physicians can choose to use it to treat foodborne botulism and wound botulism, rather than using the existing horse-serum-derived botulism antitoxin, which has serious side effects. Foodborne botulism and wound botulism also qualify as “orphan diseases” under the federal Orphan Drug Act. (h) Other scientific evidence indicates that infant botulism and related illnesses may be responsible for one of every 20 sudden infant death cases in California. More sudden infant deaths occur in California each year than in any other state. (i) The Legislature finds and declares that the enactment of this article is necessary for the protection of the public’s health, investigations and further research into the optimal medical treatment of infant botulism, including product improvement of BIG, and into the causes and prevention of infant botulism and related sudden infant death cases, and providing expert medical consultation for the care of infants with this disease. (Added by renumbering Section 330.10 (as added by Stats. 1995, Ch. 674) by Stats. 1996, Ch. 1023, Sec. 117. Effective September 29, 1996.)
  192. 123702.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. Child Health [123650 - 124174.6] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.5. Infant Botulism Treatment and Prevention Program [123700 - 123709] ( Heading of Article 2.5 renumbered from Article 3.55 (and relocated from Chapter 2 of Part 1 of Division 1) by Stats. 1996, Ch. 1023, Sec. 116. )

    Verify source ↗

    The health department must create an Infant Botulism Treatment and Prevention Unit, manage BIG production and distribution, charge and deposit fees, and use BIG sale funds only for authorized purposes.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. Child Health [123650 - 124174.6] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.5. Infant Botulism Treatment and Prevention Program [123700 - 123709] ( Heading of Article 2.5 renumbered from Article 3.55 (and relocated from Chapter 2 of Part 1 of Division 1) by Stats. 1996, Ch. 1023, Sec. 116. ) ## 123702. (a) The State Department of Health Services shall establish an Infant Botulism Treatment and Prevention Unit. This unit shall have responsibility for ensuring the production and distribution of BIG to patients in California and nationwide suspected of having infant botulism or other forms of human botulism in accord with applicable federal law. (b) As permitted by federal law, the state department shall charge a fee for BIG, and the fees shall be deposited in the special Infant Botulism Treatment and Prevention Fund established by Section 123709. (c) Notwithstanding any other provision of law, the funds generated by the sale of BIG are to be expended only for the purposes authorized by this article. (d) The amount of the fee shall be established by regulation and periodically adjusted by the State Director of Health Services in order to meet but not exceed the total costs of this article. This adjustment of fees shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, except that upon adoption of the adjusted fee by the director, the provision revising the fee shall be filed with the Secretary of State and shall be printed in the California Code of Regulations. (e) It is the intent of the Legislature that the state department consider providing BIG to low-income families at no charge. (Added by renumbering Section 330.15 (as added by Stats. 1995, Ch. 674) by Stats. 1996, Ch. 1023, Sec. 118. Effective September 29, 1996.)
  193. 123704.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. Child Health [123650 - 124174.6] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.5. Infant Botulism Treatment and Prevention Program [123700 - 123709] ( Heading of Article 2.5 renumbered from Article 3.55 (and relocated from Chapter 2 of Part 1 of Division 1) by Stats. 1996, Ch. 1023, Sec. 116. )

    Verify source ↗

    The Infant Botulism Treatment and Prevention Unit must provide specific infant botulism services, including BIG supply, distribution, investigation, expert support, control measures, sharing expertise, and scientific collaborations.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. Child Health [123650 - 124174.6] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.5. Infant Botulism Treatment and Prevention Program [123700 - 123709] ( Heading of Article 2.5 renumbered from Article 3.55 (and relocated from Chapter 2 of Part 1 of Division 1) by Stats. 1996, Ch. 1023, Sec. 116. ) ## 123704. The Infant Botulism Treatment and Prevention Unit shall provide all the following services: (a) Produce, or cause to have produced, and maintain, a supply of BIG sufficient to treat the expected number of annual cases of infant botulism in the United States, and to store, or arrange storage for, same. (b) Distribute BIG to patients suspected of having infant botulism or other forms of botulism in California and in the rest of the United States on appropriate medical indications. (c) Investigate ways to improve the treatment of infant botulism and related illness, including technical improvement of BIG, and implement them as appropriate. (d) Provide diagnostic laboratory services and medical and public health expertise about infant botulism and related illnesses to all physicians, hospitals, laboratories, and parents statewide. (e) Investigate all cases or suspected cases of infant botulism with both field and laboratory techniques as appropriate, in order to acquire the broadest data base for prevention and optimal treatment. (f) Develop and implement control measures for the prevention of infant botulism and related illnesses. (g) Share with other public health agencies the expertise gained in the development of BIG as it relates to other toxin-mediated infectious diseases of public health importance, and apply that expertise as appropriate. (h) Establish scientific collaborations with university, forensic, hospital, public health, pharmaceutical, and biotechnology institutions, as appropriate as determined by the unit, that have resources and expertise to contribute to the study, prevention, or treatment of infant botulism and related illnesses. (Added by renumbering Section 330.20 (as added by Stats. 1995, Ch. 674) by Stats. 1996, Ch. 1023, Sec. 119. Effective September 29, 1996.)
  194. 123705.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. Child Health [123650 - 124174.6] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.5. Infant Botulism Treatment and Prevention Program [123700 - 123709] ( Heading of Article 2.5 renumbered from Article 3.55 (and relocated from Chapter 2 of Part 1 of Division 1) by Stats. 1996, Ch. 1023, Sec. 116. )

    Verify source ↗

    The Legislature states that this program should be funded from fees collected for BIG provided to patients with suspected infant botulism or other botulism, and those fees may be spent by the state department as appropriated in the annual Budget Act.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. Child Health [123650 - 124174.6] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.5. Infant Botulism Treatment and Prevention Program [123700 - 123709] ( Heading of Article 2.5 renumbered from Article 3.55 (and relocated from Chapter 2 of Part 1 of Division 1) by Stats. 1996, Ch. 1023, Sec. 116. ) ## 123705. It is the intent of the Legislature that the program carried out pursuant to this article shall be fully supported from the fees collected for providing BIG to patients with suspected infant botulism or other forms of botulism and that these fees be made available for expenditure by the state department as appropriated by the Legislature in the annual Budget Act. However, it is the intent of the Legislature that until June 30, 1999, the Legislature may appropriate in the annual Budget Act the funds necessary for the support of programs authorized in this article in excess of fee revenues collected. It is, further, the intent of the Legislature that these appropriations be provided as a loan from the General Fund to be repaid with interest to the General Fund over the subsequent five years with interest at the rate earned by moneys invested in the Pooled Money Investment Account. (Added by renumbering Section 330.25 (as added by Stats. 1995, Ch. 674) by Stats. 1996, Ch. 1023, Sec. 120. Effective September 29, 1996.)
  195. 123707.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. Child Health [123650 - 124174.6] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.5. Infant Botulism Treatment and Prevention Program [123700 - 123709] ( Heading of Article 2.5 renumbered from Article 3.55 (and relocated from Chapter 2 of Part 1 of Division 1) by Stats. 1996, Ch. 1023, Sec. 116. )

    Verify source ↗

    The department may make, test, distribute, and keep licensure for Botulism Immune Globulin Intravenous (Human) if the needed federal licenses are in place, and related purchases are exempt from competitive bidding and certain contract code requirements.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. Child Health [123650 - 124174.6] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.5. Infant Botulism Treatment and Prevention Program [123700 - 123709] ( Heading of Article 2.5 renumbered from Article 3.55 (and relocated from Chapter 2 of Part 1 of Division 1) by Stats. 1996, Ch. 1023, Sec. 116. ) ## 123707. (a) The State Department of Health Services may manufacture, test, distribute, and maintain licensure of the product Botulism Immune Globulin Intravenous (Human) if all necessary federal licenses are obtained. The department was issued United States License No. 1622 on October 23, 2003, by the United States Food and Drug Administration under the authority of Section 351(a) of the Public Health Service Act controlling the manufacture and sale of biological products. The product may be labeled with the proprietary name BabyBIG®. (b) The United States Food and Drug Administration license agreement stipulated the contracts and commodity purchases required to manufacture, test, distribute, and maintain licensure of Botulism Immune Globulin Intravenous (Human). Therefore, contracts and commodity purchases for any manufacture, testing, distribution, packaging, development, and licensure of Botulism Immune Globulin Intravenous (Human) by the department shall be exempt from competitive bidding and shall be exempt from the requirements of Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. (c) Since the incidence of infant botulism in California can vary by as much as 60 percent from year to year, and since continuity of program operations is critical to the health and well-being of these infants, any funds not expended at the end of the fiscal year shall be carried forward into the next fiscal year, notwithstanding any other provision of law. (d) In carrying out this article, the Infant Botulism Treatment and Prevention Unit may adopt regulations, make and receive grants, and enter into contracts and interagency agreements. (Amended by Stats. 2004, Ch. 228, Sec. 6. Effective August 16, 2004.)
  196. 123709.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. Child Health [123650 - 124174.6] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.5. Infant Botulism Treatment and Prevention Program [123700 - 123709] ( Heading of Article 2.5 renumbered from Article 3.55 (and relocated from Chapter 2 of Part 1 of Division 1) by Stats. 1996, Ch. 1023, Sec. 116. )

    Verify source ↗

    This section establishes the Infant Botulism Treatment and Prevention Fund as a special fund in the State Treasury and requires money collected by the state department under this article to be deposited into it.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. Child Health [123650 - 124174.6] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.5. Infant Botulism Treatment and Prevention Program [123700 - 123709] ( Heading of Article 2.5 renumbered from Article 3.55 (and relocated from Chapter 2 of Part 1 of Division 1) by Stats. 1996, Ch. 1023, Sec. 116. ) ## 123709. The Infant Botulism Treatment and Prevention Fund is hereby established as a special fund in the State Treasury. All moneys collected by the state department pursuant to this article shall be deposited in the Infant Botulism Treatment and Prevention Fund, and shall be made available to the state department for expenditure for the purposes of this article as appropriated by the Legislature in the annual Budget Act. (Added by renumbering Section 330.35 (as added by Stats. 1995, Ch. 674) by Stats. 1996, Ch. 1023, Sec. 122. Effective September 29, 1996.)
  197. 123725.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. Child Health [123650 - 124174.6] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Sudden Infant Death Syndrome [123725 - 123745] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department must establish a Sudden Infant Death Syndrome Advisory Council, and the council must have nine members and perform listed SIDS-related advisory duties.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. Child Health [123650 - 124174.6] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Sudden Infant Death Syndrome [123725 - 123745] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123725. (a) For purposes of this section, the following definitions shall apply: (1) “SIDS” means sudden infant death syndrome. (2) “SIDS Advisory Council” or “advisory council” means the Sudden Infant Death Syndrome Advisory Council established pursuant to subdivision (b). (b) The department shall establish a Sudden Infant Death Syndrome Advisory Council. The advisory council shall consist of nine members who shall be chosen by the director in consultation with regional SIDS parent advisory councils. At least one-third of the members of the advisory council chosen by the director shall be representatives of SIDS parents’ groups. The membership of the advisory council shall also include, but not be limited to, a coroner, a medical examiner, a public health nurse, a physician and surgeon with expertise in SIDS, and a representative from a police or fire department. (c) The SIDS Advisory Council shall do all of the following: (1) Provide guidance to the state department in the development of training, educational, and research programs regarding SIDS. (2) Provide ongoing guidance to the Governor and the Legislature regarding the need for specific programs regarding SIDS for specific targeted groups of persons. (3) In conjunction with the state department or a person with whom the state department contracts to provide SIDS education, convene a statewide conference annually to examine the progress in discovering the cause of SIDS, explore the progress of newly established programs and services related to SIDS, identify future needs for legislation and program development regarding SIDS, and make recommendations on the needs of programs regarding SIDS. Conference participants shall include professionals and service providers in the area of SIDS, family members of SIDS victims, and the staff of members of the Legislature and departments of the state. (d) The members of the advisory council shall serve at the pleasure of the director. The members of the advisory council shall serve without compensation, but shall be reimbursed for necessary and travel expenses incurred in the performance of the duties of the advisory council. (e) The requirements contained in this section shall be subject to the annual Budget Act and shall be operative only to the extent that funds are appropriated for the purposes of this section. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  198. 123730.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. Child Health [123650 - 124174.6] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Sudden Infant Death Syndrome [123725 - 123745] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. )

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    The department must keep each county health officer informed about the latest knowledge on sudden infant death syndrome.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. Child Health [123650 - 124174.6] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Sudden Infant Death Syndrome [123725 - 123745] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123730. The department shall keep each county health officer advised of the most current knowledge relating to the nature and causes of sudden infant death syndrome. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  199. 123735.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. Child Health [123650 - 124174.6] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Sudden Infant Death Syndrome [123725 - 123745] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. )

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    The department must contract for SIDS education, training, and literature, subject to the annual Budget Act and available appropriations.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. Child Health [123650 - 124174.6] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Sudden Infant Death Syndrome [123725 - 123745] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123735. (a) As used in this section, “SIDS” means sudden infant death syndrome. (b) The department shall contract with a person to provide regular and ongoing SIDS education and training programs for those who interact with parents and caregivers following a death from SIDS, including, but not limited to, the following: (1) County public health nurses. (2) Coroners and coroners’ investigators. (3) Forensic pathologists. (4) Emergency room physicians and surgeons, nurses, and other staff. (5) Licensed day care providers. (6) SIDS parent groups. (7) Medical examiners. (c) The department shall contract with a person to produce, update, and distribute literature on SIDS for specific target populations of persons who interact with parents and caregivers following a death from SIDS, including, but not limited to, the following: (1) Clergy. (2) Fire and police departments. (3) Emergency medical service staff. (4) Morticians. (5) Funeral directors. (6) SIDS parent groups. (d) The requirements of this section shall be subject to the annual Budget Act and shall be operative only to the extent funds are appropriated for the purposes of this section. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  200. 123740.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. Child Health [123650 - 124174.6] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Sudden Infant Death Syndrome [123725 - 123745] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. )

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    This section defines key terms and requires local health officers to promptly contact certain people after a presumed sudden infant death syndrome case.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH [123225 - 124250] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. Child Health [123650 - 124174.6] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Sudden Infant Death Syndrome [123725 - 123745] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 123740. (a) For purposes of this section the following definitions shall apply: (1) “Appropriately trained public health professional” means a public health nurse or a social worker who is knowledgeable about the incidence of sudden infant death syndrome and the care and support of persons who have experienced a death of this nature, and who has basic grief counseling skills. (2) “Contact” is a face-to-face visit, a group visit, or a telephone call that provides one or more of the following services: (A) An assessment of the family, child care provider, or both. (B) Crisis intervention and counseling. (C) A referral to a community service. (D) A followup assessment of the family’s, the child care provider’s, or both family’s and child care provider’s progress. (3) “Immediately” means within three working days of receiving notice from the coroner or other reporting agent of a death presumedly caused by sudden infant death syndrome. (4) “Local health officer” means a health officer for a city, county, or city and county. (b) Upon being informed by the coroner pursuant to Section 102865 of any case in which sudden infant death syndrome is the presumed cause of death, the local health officer or his or her designated agent, who is an appropriately trained public health professional, after consultation with the infant’s physician of record, when possible, shall immediately contact the person or persons who had custody and control of the infant, including foster parents, when applicable, for the purposes of providing to that person information, support, referral, and followup services relating to sudden infant death syndrome. If the infant was in child care, the local health officer or his or her designated agent who is an appropriately trained public health professional also shall immediately contact the child care provider. (c) The local health officer shall perform the duties required by this section throughout the jurisdiction of that local health officer. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)

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