Health and Safety Code — Part 26 | HSC — United States — California law | Esheria

Health and Safety Code

Part 26 of 87 · provisions 5,001–5,200

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

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

Statute overview

About this statute

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

Read the provisions Ask with citations

Legal text

Provisions of Health and Safety Code

Showing 200 of 17,333

  1. 124770.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 5. Rural Health Services Development [124600 - 124785] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Coordination of Rural Health Programs [124750 - 124785] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The director must use the authority to establish health manpower pilot projects to develop personnel with special health and medical skills.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 5. Rural Health Services Development [124600 - 124785] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Coordination of Rural Health Programs [124750 - 124785] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 124770. The director shall utilize the authority to establish health manpower pilot projects pursuant to Article 1 (commencing with Section 128125) of Chapter 3 of Part 3 of Division 107 to develop personnel with special health and medical skills that may effectively advance the objectives of the Primary Care Services Act (Section 27). (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  2. 124775.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 5. Rural Health Services Development [124600 - 124785] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Coordination of Rural Health Programs [124750 - 124785] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    Proposals for health corps personnel or project applications must be submitted to the appropriate county or district health officer for review and recommendation.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 5. Rural Health Services Development [124600 - 124785] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Coordination of Rural Health Programs [124750 - 124785] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 124775. Each proposal for health corps personnel or project application under Article 3 (commencing with Section 124700) shall be submitted to the appropriate county health officer or district health officer for review and recommendation. The review and recommendation shall be completed within 30 days of receipt. Any recommendations made shall be based upon the Health Systems Plan and Annual Implementation Plan as required for that area by Public Law 93-641. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  3. 124780.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 5. Rural Health Services Development [124600 - 124785] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Coordination of Rural Health Programs [124750 - 124785] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    If the director acts contrary to a county or district health officer’s recommendation, the director must explain the action in writing to the appropriate board of supervisors.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 5. Rural Health Services Development [124600 - 124785] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Coordination of Rural Health Programs [124750 - 124785] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 124780. If the director decides to act contrary to the recommendation of a county or district health officer made pursuant to Section 124775, the director shall explain his or her action in writing to the appropriate board of supervisors. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  4. 124785.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 5. Rural Health Services Development [124600 - 124785] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Coordination of Rural Health Programs [124750 - 124785] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    This section says the Primary Care Services Act does not change the operation of certain local public health services contracted by the department with other 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 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 5. Rural Health Services Development [124600 - 124785] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Coordination of Rural Health Programs [124750 - 124785] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 124785. Nothing in the Primary Care Services Act (Section 27) shall affect the operation of local public health services contracted for by the department with other agencies pursuant to former Section 1157. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  5. 1248.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Outpatient Settings [1248 - 1248.85] ( Chapter 1.3 added by Stats. 1994, Ch. 1276, Sec. 2. )

    Verify source ↗

    This section defines key terms used in this chapter, including “Division,” “outpatient setting,” and “accreditation agency.”

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Outpatient Settings [1248 - 1248.85] ( Chapter 1.3 added by Stats. 1994, Ch. 1276, Sec. 2. ) ## 1248. For purposes of this chapter, the following definitions shall apply: (a) “Division” means the Medical Board of California. All references in this chapter to the division, the Division of Licensing of the Medical Board of California, or the Division of Medical Quality shall be deemed to refer to the Medical Board of California pursuant to Section 2002 of the Business and Professions Code. (b) (1) “Outpatient setting” means any facility, clinic, unlicensed clinic, center, office, or other setting that is not part of a general acute care facility, as defined in Section 1250, and where anesthesia, except local anesthesia or peripheral nerve blocks, or both, is used in compliance with the community standard of practice, in doses that, when administered have the probability of placing a patient at risk for loss of the patient’s life-preserving protective reflexes. (2) “Outpatient setting” also means facilities that offer in vitro fertilization, as defined in subdivision (b) of Section 1374.55. (3) “Outpatient setting” does not include, among other settings, any setting where anxiolytics and analgesics are administered, when done so in compliance with the community standard of practice, in doses that do not have the probability of placing the patient at risk for loss of the patient’s life-preserving protective reflexes. (c) “Accreditation agency” means a public or private organization that is approved to issue certificates of accreditation to outpatient settings by the board pursuant to Sections 1248.15 and 1248.4. (Amended by Stats. 2011, Ch. 645, Sec. 2. (SB 100) Effective January 1, 2012.)
  6. 1248.1.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Outpatient Settings [1248 - 1248.85] ( Chapter 1.3 added by Stats. 1994, Ch. 1276, Sec. 2. )

    Verify source ↗

    Most people and entities may not operate, manage, conduct, or maintain an outpatient setting in this state unless the setting fits one of the listed exceptions.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Outpatient Settings [1248 - 1248.85] ( Chapter 1.3 added by Stats. 1994, Ch. 1276, Sec. 2. ) ## 1248.1. No association, corporation, firm, partnership, or person shall operate, manage, conduct, or maintain an outpatient setting in this state, unless the setting is one of the following: (a) An ambulatory surgical center that is certified to participate in the Medicare program under Title XVIII (42 U.S.C. Sec. 1395 et seq.) of the federal Social Security Act. (b) Any clinic conducted, maintained, or operated by a federally recognized Indian tribe or tribal organization, as defined in Section 450 or 1601 of Title 25 of the United States Code, and located on land recognized as tribal land by the federal government. (c) Any clinic directly conducted, maintained, or operated by the United States or by any of its departments, officers, or agencies. (d) Any primary care clinic licensed under subdivision (a) and any surgical clinic licensed under subdivision (b) of Section 1204. (e) Any health facility licensed as a general acute care hospital under Chapter 2 (commencing with Section 1250). (f) Any outpatient setting to the extent that it is used by a dentist or physician and surgeon in compliance with Article 2.7 (commencing with Section 1646) or Article 2.8 (commencing with Section 1647) of Chapter 4 of Division 2 of the Business and Professions Code. (g) An outpatient setting accredited by an accreditation agency approved by the division pursuant to this chapter. (h) A setting, including, but not limited to, a mobile van, in which equipment is used to treat patients admitted to a facility described in subdivision (a), (d), or (e), and in which the procedures performed are staffed by the medical staff of, or other healthcare practitioners with clinical privileges at, the facility and are subject to the peer review process of the facility but which setting is not a part of a facility described in subdivision (a), (d), or (e). Nothing in this section shall relieve an association, corporation, firm, partnership, or person from complying with all other provisions of law that are otherwise applicable. (Added by Stats. 1994, Ch. 1276, Sec. 2. Effective January 1, 1995.)
  7. 1248.15.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Outpatient Settings [1248 - 1248.85] ( Chapter 1.3 added by Stats. 1994, Ch. 1276, Sec. 2. )

    Verify source ↗

    Outpatient settings must meet accreditation standards, maintain staffing, safety, records, and transfer procedures, and the board and accrediting agency have specific accreditation-related duties.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Outpatient Settings [1248 - 1248.85] ( Chapter 1.3 added by Stats. 1994, Ch. 1276, Sec. 2. ) ## 1248.15. (a) The board shall adopt standards for accreditation and, in approving accreditation agencies to perform accreditation of outpatient settings, shall ensure that the certification program shall, at a minimum, include standards for the following aspects of the settings’ operations: (1) Outpatient setting allied health staff shall be licensed or certified to the extent required by state or federal law. (2) (A) Outpatient settings shall have a system for facility safety and emergency training requirements. (B) There shall be onsite equipment, medication, and trained personnel to facilitate handling of services sought or provided and to facilitate handling of any medical emergency that may arise in connection with services sought or provided. (C) In order for procedures to be performed in an outpatient setting as defined in Section 1248, the outpatient setting shall do one of the following: (i) Have a written transfer agreement with a local accredited or licensed acute care hospital, approved by the facility’s medical staff. (ii) Permit surgery only by a licensee who has admitting privileges at a local accredited or licensed acute care hospital, with the exception that licensees who may be precluded from having admitting privileges by their professional classification or other administrative limitations, shall have a written transfer agreement with licensees who have admitting privileges at local accredited or licensed acute care hospitals. (iii) Submit for approval by an accrediting agency a detailed procedural plan for handling medical emergencies that shall be reviewed at the time of accreditation. No reasonable plan shall be disapproved by the accrediting agency. (D) The outpatient setting shall submit for approval by an accreditation agency at the time of accreditation a detailed plan, standardized procedures, and protocols to be followed in the event of serious complications or side effects from surgery that would place a patient at high risk for injury or harm or to govern emergency and urgent care situations. The plan shall include, at a minimum, that if a patient is being transferred to a local accredited or licensed acute care hospital, the outpatient setting shall do all of the following: (i) Notify the individual designated by the patient to be notified in case of an emergency. (ii) Ensure that the mode of transfer is consistent with the patient’s medical condition. (iii) Ensure that all relevant clinical information is documented and accompanies the patient at the time of transfer. (iv) Continue to provide appropriate care to the patient until the transfer is effectuated. (E) All physicians and surgeons transferring patients from an outpatient setting shall agree to cooperate with the medical staff peer review process on the transferred case, the results of which shall be referred back to the outpatient setting, if deemed appropriate by the medical staff peer review committee. If the medical staff of the acute care facility determines that inappropriate care was delivered at the outpatient setting, the acute care facility’s peer review outcome shall be reported, as appropriate, to the accrediting body or in accordance with existing law. (3) The outpatient setting shall permit surgery by a dentist acting within his or her scope of practice under Chapter 4 (commencing with Section 1600) of Division 2 of the Business and Professions Code or physician and surgeon, osteopathic physician and surgeon, or podiatrist acting within his or her scope of practice under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code or the Osteopathic Initiative Act. The outpatient setting may, in its discretion, permit anesthesia service by a certified registered nurse anesthetist acting within his or her scope of practice under Article 7 (commencing with Section 2825) of Chapter 6 of Division 2 of the Business and Professions Code. (4) Outpatient settings shall have a system for maintaining clinical records. (5) Outpatient settings shall have a system for patient care and monitoring procedures. (6) (A) Outpatient settings shall have a system for quality assessment and improvement. (B) (i) Members of the medical staff and other practitioners who are granted clinical privileges shall be professionally qualified and appropriately credentialed for the performance of privileges granted. The outpatient setting shall grant privileges in accordance with recommendations from qualified health professionals, and credentialing standards established by the outpatient setting. (ii) Each licensee who performs procedures in an outpatient setting that requires the outpatient setting to be accredited shall be, at least every two years, peer reviewed, which shall be a process in which the basic qualifications, staff privileges, employment, medical outcomes, or professional conduct of a licensee is reviewed to make recommendations for quality improvement and education, if necessary, including when the outpatient setting has only one licensee. The peer review shall be performed by licensees who are qualified by education and experience to perform the same types of, or similar, procedures. The findings of the peer review shall be reported to the governing body, which shall determine if the licensee continues to meet the requirements described in clause (i). The process that resulted in the findings of the peer review shall be reviewed by the accrediting agency at the next survey to determine if the outpatient setting meets applicable accreditation standards pursuant to this section. (C) Clinical privileges shall be periodically reappraised by the outpatient setting. The scope of procedures performed in the outpatient setting shall be periodically reviewed and amended as appropriate. (7) Outpatient settings regulated by this chapter that have multiple service locations shall have all of the sites inspected. (8) Outpatient settings shall post the certificate of accreditation in a location readily visible to patients and staff. (9) Outpatient settings shall post the name and telephone number of the accrediting agency with instructions on the submission of complaints in a location readily visible to patients and staff. (10) Outpatient settings shall have a written discharge criteria. (b) Outpatient settings shall have a minimum of two staff persons on the premises, one of whom shall either be a licensed physician and surgeon or a licensed health care professional with current certification in advanced cardiac life support (ACLS), as long as a patient is present who has not been discharged from supervised care. Transfer to an unlicensed setting of a patient who does not meet the discharge criteria adopted pursuant to paragraph (10) of subdivision (a) shall constitute unprofessional conduct. (c) An accreditation agency may include additional standards in its determination to accredit outpatient settings if these are approved by the board to protect the public health and safety. (d) No accreditation standard adopted or approved by the board, and no standard included in any certification program of any accreditation agency approved by the board, shall serve to limit the ability of any allied health care practitioner to provide services within his or her full scope of practice. Notwithstanding this or any other provision of law, each outpatient setting may limit the privileges, or determine the privileges, within the appropriate scope of practice, that will be afforded to physicians and allied health care practitioners who practice at the facility, in accordance with credentialing standards established by the outpatient setting in compliance with this chapter. Privileges may not be arbitrarily restricted based on category of licensure. (e) The board shall adopt standards that it deems necessary for outpatient settings that offer in vitro fertilization. (f) The board may adopt regulations it deems necessary to specify procedures that should be performed in an accredited outpatient setting for facilities or clinics that are outside the definition of outpatient setting as specified in Section 1248. (g) As part of the accreditation process, the accrediting agency shall conduct a reasonable investigation of the prior history of the outpatient setting, including all licensed physicians and surgeons who have an ownership interest therein, to determine whether there have been any adverse accreditation decisions rendered against them. For the purposes of this section, “conducting a reasonable investigation” means querying the Medical Board of California and the Osteopathic Medical Board of California to ascertain if either the outpatient setting has, or, if its owners are licensed physicians and surgeons, if those physicians and surgeons have, been subject to an adverse accreditation decision. (Amended by Stats. 2015, Ch. 287, Sec. 3. (SB 396) Effective January 1, 2016.)
  8. 1248.2.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Outpatient Settings [1248 - 1248.85] ( Chapter 1.3 added by Stats. 1994, Ch. 1276, Sec. 2. )

    Verify source ↗

    Outpatient settings may apply for accreditation, while the board must keep a public list and approved accrediting agencies must report accredited settings to the board.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Outpatient Settings [1248 - 1248.85] ( Chapter 1.3 added by Stats. 1994, Ch. 1276, Sec. 2. ) ## 1248.2. (a) Any outpatient setting may apply to an accreditation agency for a certificate of accreditation. Accreditation shall be issued by the accreditation agency solely on the basis of compliance with its standards as approved by the board under this chapter. (b) The board shall obtain and maintain a list of accredited outpatient settings from the information provided by the accreditation agencies approved by the board, and shall notify the public, by placing the information on its Internet Web site, whether an outpatient setting is accredited or the setting’s accreditation has been revoked, suspended, or placed on probation, or the setting has received a reprimand by the accreditation agency. (c) The list of outpatient settings shall include all of the following: (1) Name, address, and telephone number of any owners, and their medical license numbers. (2) Name and address of the facility. (3) The name and telephone number of the accreditation agency. (4) The effective and expiration dates of the accreditation. (d) Accrediting agencies approved by the board shall notify the board and update the board on all outpatient settings that are accredited. (Amended by Stats. 2011, Ch. 645, Sec. 4. (SB 100) Effective January 1, 2012.)
  9. 1248.25.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Outpatient Settings [1248 - 1248.85] ( Chapter 1.3 added by Stats. 1994, Ch. 1276, Sec. 2. )

    Verify source ↗

    If an outpatient setting fails board-approved standards, the accreditation agency must deny accreditation, explain the denial, and report the denial to the board within three business days.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Outpatient Settings [1248 - 1248.85] ( Chapter 1.3 added by Stats. 1994, Ch. 1276, Sec. 2. ) ## 1248.25. If an outpatient setting does not meet the standards approved by the board, accreditation shall be denied by the accreditation agency, which shall provide the outpatient setting notification of the reasons for the denial. An outpatient setting may reapply for accreditation at any time after receiving notification of the denial. The accreditation agency shall report within three business days to the board if the outpatient setting’s certificate for accreditation has been denied. (Amended by Stats. 2011, Ch. 645, Sec. 5. (SB 100) Effective January 1, 2012.)
  10. 1248.3.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Outpatient Settings [1248 - 1248.85] ( Chapter 1.3 added by Stats. 1994, Ch. 1276, Sec. 2. )

    Verify source ↗

    Accreditation certificates for outpatient settings cannot last more than three years, and outpatient settings must report significant ownership changes to the accreditation agency within 30 days.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Outpatient Settings [1248 - 1248.85] ( Chapter 1.3 added by Stats. 1994, Ch. 1276, Sec. 2. ) ## 1248.3. (a) Certificates of accreditation issued to outpatient settings by an accreditation agency shall be valid for not more than three years. (b) The outpatient setting shall notify the accreditation agency within 30 days of any significant change in ownership, including, but not limited to, a merger, change in majority interest, consolidation, name change, change in scope of services, additional services, or change in locations. (c) Except for disclosures to the division or to the Division of Medical Quality under this chapter, an accreditation agency shall not disclose information obtained in the performance of accreditation activities under this chapter that individually identifies patients, individual medical practitioners, or outpatient settings. Neither the proceedings nor the records of an accreditation agency or the proceedings and records of an outpatient setting related to performance of quality assurance or accreditation activities under this chapter shall be subject to discovery, nor shall the records or proceedings be admissible in a court of law. The prohibition relating to discovery and admissibility of records and proceedings does not apply to any outpatient setting requesting accreditation in the event that denial or revocation of that outpatient setting’s accreditation is being contested. Nothing in this section shall prohibit the accreditation agency from making discretionary disclosures of information to an outpatient setting pertaining to the accreditation of that outpatient setting. (Added by Stats. 1994, Ch. 1276, Sec. 2. Effective January 1, 1995.)
  11. 1248.35.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Outpatient Settings [1248 - 1248.85] ( Chapter 1.3 added by Stats. 1994, Ch. 1276, Sec. 2. )

    Verify source ↗

    Accredited outpatient settings must be inspected, and the Medical Board and accreditation agency have inspection and enforcement powers.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Outpatient Settings [1248 - 1248.85] ( Chapter 1.3 added by Stats. 1994, Ch. 1276, Sec. 2. ) ## 1248.35. (a) Every outpatient setting that is accredited shall be inspected by the accreditation agency and may also be inspected by the Medical Board of California. The Medical Board of California shall ensure that accreditation agencies inspect outpatient settings. (b) Unless otherwise specified, the following requirements apply to inspections described in subdivision (a). (1) The frequency of inspection shall depend upon the type and complexity of the outpatient setting to be inspected. (2) Inspections shall be conducted no less often than once every three years by the accreditation agency and as often as necessary by the Medical Board of California to ensure the quality of care provided. After the initial inspection for accreditation, subsequent inspections may be unannounced. For unannounced routine inspections, the accreditation agency shall notify the outpatient setting that the inspection will occur within 60 days. (3) The Medical Board of California or the accreditation agency may enter and inspect any outpatient setting that is accredited by an accreditation agency at any reasonable time to ensure compliance with, or investigate an alleged violation of, any standard of the accreditation agency or any provision of this chapter. (c) If an accreditation agency determines, as a result of its inspection, that an outpatient setting is not in compliance with the standards under which it was approved, the accreditation agency may do any of the following: (1) Require correction of any identified deficiencies within a set timeframe. Failure to comply shall result in the accrediting agency issuing a reprimand or suspending or revoking the outpatient setting’s accreditation. (2) Issue a reprimand. (3) Place the outpatient setting on probation, during which time the setting shall successfully institute and complete a plan of correction, approved by the board or the accreditation agency, to correct the deficiencies. (4) Suspend or revoke the outpatient setting’s certification of accreditation. (d) (1) Except as is otherwise provided in this subdivision, before suspending or revoking a certificate of accreditation under this chapter, the accreditation agency shall provide the outpatient setting with notice of any deficiencies and the outpatient setting shall agree with the accreditation agency on a plan of correction that shall give the outpatient setting reasonable time to supply information demonstrating compliance with the standards of the accreditation agency in compliance with this chapter, as well as the opportunity for a hearing on the matter upon the request of the outpatient setting. During the allotted time to correct the deficiencies, the plan of correction, which includes the deficiencies, shall be conspicuously posted by the outpatient setting in a location accessible to public view. Within 10 days after the adoption of the plan of correction, the accrediting agency shall send a list of deficiencies and the corrective action to be taken to the board and to the California State Board of Pharmacy if an outpatient setting is licensed pursuant to Article 14 (commencing with Section 4190) of Chapter 9 of Division 2 of the Business and Professions Code. The accreditation agency may immediately suspend the certificate of accreditation before providing notice and an opportunity to be heard, but only when failure to take the action may result in imminent danger to the health of an individual. In such cases, the accreditation agency shall provide subsequent notice and an opportunity to be heard. (2) If an outpatient setting does not comply with a corrective action within a timeframe specified by the accrediting agency, the accrediting agency shall issue a reprimand, and may either place the outpatient setting on probation or suspend or revoke the accreditation of the outpatient setting, and shall notify the board of its action. This section shall not be deemed to prohibit an outpatient setting that is unable to correct the deficiencies, as specified in the plan of correction, for reasons beyond its control, from voluntarily surrendering its accreditation prior to initiation of any suspension or revocation proceeding. (e) The accreditation agency shall, within 24 hours, report to the board if the outpatient setting has been issued a reprimand or if the outpatient setting’s certification of accreditation has been suspended or revoked or if the outpatient setting has been placed on probation. If an outpatient setting has been issued a license by the California State Board of Pharmacy pursuant to Article 14 (commencing with Section 4190) of Chapter 9 of Division 2 of the Business and Professions Code, the accreditation agency shall also send this report to the California State Board of Pharmacy within 24 hours. (f) The accreditation agency, upon receipt of a complaint from the board that an outpatient setting poses an immediate risk to public safety, shall inspect the outpatient setting and report its findings of inspection to the board within five business days. If an accreditation agency receives any other complaint from the board, it shall investigate the outpatient setting and report its findings of investigation to the board within 30 days. (g) Reports on the results of any inspection shall be kept on file with the board and the accreditation agency along with the plan of correction and the comments of the outpatient setting. The inspection report may include a recommendation for reinspection. All final inspection reports, which include the lists of deficiencies, plans of correction or requirements for improvements and correction, and corrective action completed, shall be public records open to public inspection. (h) If one accrediting agency denies accreditation, or revokes or suspends the accreditation of an outpatient setting, this action shall apply to all other accrediting agencies. An outpatient setting that is denied accreditation is permitted to reapply for accreditation with the same accrediting agency. The outpatient setting also may apply for accreditation from another accrediting agency, but only if it discloses the full accreditation report of the accrediting agency that denied accreditation. Any outpatient setting that has been denied accreditation shall disclose the accreditation report to any other accrediting agency to which it submits an application. The new accrediting agency shall ensure that all deficiencies have been corrected and conduct a new onsite inspection consistent with the standards specified in this chapter. (i) If an outpatient setting’s certification of accreditation has been suspended or revoked, or if the accreditation has been denied, the accreditation agency shall do all of the following: (1) Notify the board of the action. (2) Send a notification letter to the outpatient setting of the action. The notification letter shall state that the setting is no longer allowed to perform procedures that require outpatient setting accreditation. (3) Require the outpatient setting to remove its accreditation certification and to post the notification letter in a conspicuous location, accessible to public view. (j) The board may take any appropriate action it deems necessary pursuant to Section 1248.7 if an outpatient setting’s certification of accreditation has been suspended or revoked, or if accreditation has been denied. (Amended by Stats. 2015, Ch. 287, Sec. 4. (SB 396) Effective January 1, 2016.)
  12. 1248.4.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Outpatient Settings [1248 - 1248.85] ( Chapter 1.3 added by Stats. 1994, Ch. 1276, Sec. 2. )

    Verify source ↗

    This section lets the division give temporary approval to certain accreditation agencies, requires approved agencies to report accreditation lists and related changes, and sets renewal and expiration rules.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Outpatient Settings [1248 - 1248.85] ( Chapter 1.3 added by Stats. 1994, Ch. 1276, Sec. 2. ) ## 1248.4. (a) It is the intent of the Legislature that an accreditation agency operating on or before January 1, 1995, or a successor thereof, or an accreditation agency thereafter operating as part of a joint program granted temporary certification as an accreditation agency by the division, whether operating as part of a joint program or independently, and meeting the standards set forth in this chapter, as determined by the division, not be required to go through the entire application process with the division. Therefore, the division may grant a temporary certificate of approval to such an accreditation agency. The temporary approval issued to an accreditation agency under this subdivision shall expire on January 1, 1998. In order to continue its status as an accreditation agency, an accreditation agency approved by the division under this subdivision shall apply for renewal of approval by the division on or before January 1, 1998, and shall establish that it is in compliance with the standards set forth in this chapter and any regulations adopted pursuant thereto. (b) Each accreditation agency approved by the division shall, on and after January 1, 1995, promptly forward to the division a list of each outpatient setting to which it has granted a certificate of accreditation, as well as settings that have lost accreditation or were denied accreditation. (c) The division shall approve an accreditation agency that applies for approval on a form prescribed by the division, accompanied by payment of the fee prescribed by this chapter and evidence that the accreditation agency meets the following criteria: (1) Includes within its accreditation program, at a minimum, the standards for accreditation of outpatient settings approved by the division as well as standards for patient care and safety at the setting. (2) Submits its current accreditation standards to the division every three years, or upon request for continuing approval by the division. (3) Maintains internal quality management programs to ensure quality of the accreditation process. (4) Has a process by which accreditation standards can be reviewed and revised no less than every three years. (5) Maintains an available pool of allied health care practitioners to serve on accreditation review teams as appropriate. (6) Has accreditation review teams that shall do all of the following: (A) Consist of at least one physician and surgeon who practices in an outpatient setting; any other members shall be practicing actively in these settings. (B) Participate in formal educational training programs provided by the accreditation agency in evaluation of the certification standards at least every three years. (7) The accreditation agency shall demonstrate that professional members of its review team have experience in conducting review activities of freestanding outpatient settings. (8) Standards for accreditation shall be developed with the input of the medical community and the ambulatory surgery industry. (9) Accreditation reviewers shall be credentialed and screened by the accreditation agency. (10) The accreditation agency shall not have an ownership interest in nor be involved in the operation of a freestanding outpatient setting, nor in the delivery of health care services to patients. (d) Accreditation agencies approved by the division shall forward to the division copies of all certificates of accreditation and shall notify the division promptly whenever the agency denies or revokes a certificate of accreditation. (e) A certification of an accreditation agency by the division shall expire at midnight on the last day of a three-year term if not renewed. The division shall establish by regulation the procedure for renewal. To renew an unexpired approval, the accreditation agency shall, on or before the date upon which the certification would otherwise expire, apply for renewal on a form, and pay the renewal fee, as prescribed by the division. (Amended by Stats. 1997, Ch. 769, Sec. 1. Effective October 8, 1997.)
  13. 1248.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Outpatient Settings [1248 - 1248.85] ( Chapter 1.3 added by Stats. 1994, Ch. 1276, Sec. 2. )

    Verify source ↗

    The board must evaluate an approved accreditation agency at least every three years, and also when complaints suggest possible noncompliance.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Outpatient Settings [1248 - 1248.85] ( Chapter 1.3 added by Stats. 1994, Ch. 1276, Sec. 2. ) ## 1248.5. The board shall evaluate the performance of an approved accreditation agency no less than every three years, or in response to complaints against an agency, or complaints against one or more outpatient settings accreditation by an agency that indicates noncompliance by the agency with the standards approved by the board. (Amended by Stats. 2011, Ch. 645, Sec. 7. (SB 100) Effective January 1, 2012.)
  14. 1248.55.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Outpatient Settings [1248 - 1248.85] ( Chapter 1.3 added by Stats. 1994, Ch. 1276, Sec. 2. )

    Verify source ↗

    The division may terminate an accreditation agency’s approval if it does not meet the division’s criteria, but it must give notice, time to respond, and a hearing first.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Outpatient Settings [1248 - 1248.85] ( Chapter 1.3 added by Stats. 1994, Ch. 1276, Sec. 2. ) ## 1248.55. (a) If the accreditation agency is not meeting the criteria set by the division, the division may terminate approval of the agency. (b) Before terminating approval of an accreditation agency, the division shall provide the accreditation agency with notice of any deficiencies and reasonable time to supply information demonstrating compliance with the requirements of this chapter, as well as the opportunity for a hearing on the matter in compliance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (c) (1) If approval of the accreditation agency is terminated by the division, outpatient settings accredited by that agency shall be notified by the division and, except as provided in paragraph (2), shall be authorized to continue to operate for a period of 12 months in order to seek accreditation through an approved accreditation agency, unless the time is extended by the division for good cause. (2) The division may require that an outpatient setting, that has been accredited by an accreditation agency whose approval has been terminated by the division, cease operations immediately in the event that the division is in possession of information indicating that continued operation poses an imminent risk of harm to the health of an individual. In such cases, the division shall provide the outpatient setting with notice of its action, the reason underlying it, and a subsequent opportunity for a hearing on the matter. An outpatient setting that is ordered to cease operations under this paragraph may reapply for a certificate of accreditation after six months and shall notify the division promptly of its reapplication. (Added by Stats. 1994, Ch. 1276, Sec. 2. Effective January 1, 1995.)
  15. 1248.6.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Outpatient Settings [1248 - 1248.85] ( Chapter 1.3 added by Stats. 1994, Ch. 1276, Sec. 2. )

    Verify source ↗

    The Division of Licensing must set regulation-based fees for accreditation-agency approval, temporary certificates, and renewal, subject to stated caps. Fee money goes into a special fund for this chapter and cannot be moved to the General Fund.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Outpatient Settings [1248 - 1248.85] ( Chapter 1.3 added by Stats. 1994, Ch. 1276, Sec. 2. ) ## 1248.6. (a) The Division of Licensing shall establish by regulation a reasonable fee for an application for approval as an accreditation agency in an amount that is reasonably necessary to recover the cost of implementing and administering this chapter, and not to exceed five thousand dollars ($5,000). The division shall establish by regulation a reasonable fee for a temporary certificate of approval, as outlined in subdivision (a) of Section 1248.4, not to exceed two thousand dollars ($2,000). The division shall also establish a reasonable fee for renewal. The renewal fee shall be proportionate to the number of outpatient settings accredited by the approved accrediting body seeking renewal, and shall not exceed one hundred dollars ($100) per outpatient setting accreditation reviewed. (b) All fees paid to and received by the division or the Medical Board of California under this chapter shall be paid into the State Treasury and shall be credited to a special fund that is hereby created as the Outpatient Setting Fund of the Medical Board of California. Funds in the Outpatient Setting Fund of the Medical Board of California shall be expended by the board for the purpose of implementing and administering this chapter upon appropriation by the Legislature. No surplus in the fund shall be deposited in or transferred to the General Fund or any other fund. (Added by Stats. 1994, Ch. 1276, Sec. 2. Effective January 1, 1995.)
  16. 1248.65.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Outpatient Settings [1248 - 1248.85] ( Chapter 1.3 added by Stats. 1994, Ch. 1276, Sec. 2. )

    Verify source ↗

    A physician and surgeon must not willfully and knowingly violate this chapter.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Outpatient Settings [1248 - 1248.85] ( Chapter 1.3 added by Stats. 1994, Ch. 1276, Sec. 2. ) ## 1248.65. It shall constitute unprofessional conduct for a physician and surgeon to willfully and knowingly violate this chapter. (Added by Stats. 1994, Ch. 1276, Sec. 2. Effective January 1, 1995.)
  17. 1248.7.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Outpatient Settings [1248 - 1248.85] ( Chapter 1.3 added by Stats. 1994, Ch. 1276, Sec. 2. )

    Verify source ↗

    The board must investigate complaints about violations of this chapter, and may seek court orders to stop violations or threatened violations; the court must issue an injunction if the allegations are true.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Outpatient Settings [1248 - 1248.85] ( Chapter 1.3 added by Stats. 1994, Ch. 1276, Sec. 2. ) ## 1248.7. (a) The board shall investigate all complaints concerning a violation of this chapter. With respect to any complaints relating to a violation of Section 1248.1, or upon discovery that an outpatient setting is not in compliance with Section 1248.1, the board shall investigate and, where appropriate, the board, through or in conjunction with the local district attorney, shall bring an action to enjoin the outpatient setting’s operation. The board or the local district attorney may bring an action to enjoin a violation or threatened violation of any other provision of this chapter in the superior court in and for the county in which the violation occurred or is about to occur. Any proceeding under 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 Division of Medical Quality 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. (b) With respect to any and all actions brought pursuant to this section alleging an actual or threatened violation of any requirement of this chapter, the court shall, if it finds the allegations to be true, issue an order enjoining the person or facility from continuing the violation. For purposes of Section 1248.1, if an outpatient setting is operating without a certificate of accreditation, this shall be prima facie evidence that a violation of Section 1248.1 has occurred and additional proof shall not be necessary to enjoin the outpatient setting’s operation. (Amended by Stats. 2011, Ch. 645, Sec. 8. (SB 100) Effective January 1, 2012.)
  18. 1248.75.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Outpatient Settings [1248 - 1248.85] ( Chapter 1.3 added by Stats. 1994, Ch. 1276, Sec. 2. )

    Verify source ↗

    Before seeking an injunction, the Division of Medical Quality must notify an outpatient setting of compliance deficiencies and try to agree on a correction plan.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Outpatient Settings [1248 - 1248.85] ( Chapter 1.3 added by Stats. 1994, Ch. 1276, Sec. 2. ) ## 1248.75. (a) Except as may otherwise be provided in this section, before the Division of Medical Quality may seek an injunction as provided under Section 1248.7, the Division of Medical Quality shall notify the outpatient setting of all deficiencies in its compliance with this chapter, and any rules and regulations adopted pursuant to this chapter, and the Division of Medical Quality and the outpatient setting shall reach an agreement upon a plan of correction that shall give the outpatient setting reasonable time to correct the deficiencies. The Division of Medical Quality shall also inform the outpatient setting that failure to reach an agreement or to correct deficiencies may lead to corrective action by the Division of Medical Quality, which may include imposition of fines under Section 1248.8. If at the end of the allotted time the division and the outpatient setting have failed to reach an agreement or the outpatient setting has failed to correct the deficiencies, as revealed by inspection, the Division of Medical Quality may take corrective action to include, as appropriate, seeking an injunction under Section 1248.7, revoking or requesting that the accreditation agency revoke accreditation, or communicating with any agency that has oversight authority over the outpatient setting, such as the Department of Health Services or other appropriate licensing authority, to request that the agency take corrective action against the outpatient setting. (b) For purposes of this section, and at the sole discretion of the Division of Medical Quality, any notifications, inspections, and corrective action plans of the Division of Medical Quality relating to outpatient settings that have been accredited by an accreditation agency may be performed or coordinated by the accreditation agency rather than by the Division of Medical Quality. (c) If the Division of Medical Quality determines that an outpatient setting poses an immediate and substantial hazard to the health or safety of the patient, that may not reasonably be corrected through a plan of correction, the Division of Medical Quality may immediately institute injunction proceedings pursuant to Section 1248.7. (Added by Stats. 1994, Ch. 1276, Sec. 2. Effective January 1, 1995.)
  19. 1248.8.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Outpatient Settings [1248 - 1248.85] ( Chapter 1.3 added by Stats. 1994, Ch. 1276, Sec. 2. )

    Verify source ↗

    Willful violations of this chapter or its rules are a misdemeanor and can trigger a fine of up to $1,000 per day. County district attorneys must prosecute these violations when the Division of Medical Quality or its authorized representative applies.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Outpatient Settings [1248 - 1248.85] ( Chapter 1.3 added by Stats. 1994, Ch. 1276, Sec. 2. ) ## 1248.8. (a) Any person or entity that willfully violates this chapter or any rule or regulation adopted under this chapter shall be guilty of a misdemeanor and subject to a fine not to exceed one thousand dollars ($1,000) per day of violation. (b) In determining the punishment to be imposed under this section, the court shall consider all relevant facts, including, but not limited to, the following: (1) Whether the violation exposed a patient or other individual to the risk of death or serious physical harm. (2) Whether the violation had a direct or immediate relationship to health, safety, or security of a patient or other individual. (3) Evidence, if any, of willfulness in the violation. (4) The presence or absence of good faith efforts by the outpatient setting to prevent the violation. (c) For purposes of this section, “willfully” or “willful” means that the person doing an act or omitting to do an act intends the act or omission, and knows the relevant circumstances connected with the act or omission. (d) The district attorney of every county shall, upon application by the Division of Medical Quality or its authorized representative, institute and conduct the prosecution of any action or violation within the county of any provisions of this chapter. (Added by Stats. 1994, Ch. 1276, Sec. 2. Effective January 1, 1995.)
  20. 1248.85.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Outpatient Settings [1248 - 1248.85] ( Chapter 1.3 added by Stats. 1994, Ch. 1276, Sec. 2. )

    Verify source ↗

    An approved accreditation agency is not blocked by this chapter from setting extra standards, creating onsite inspection procedures, choosing onsite inspectors, and charging reasonable onsite inspection fees.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1.3. Outpatient Settings [1248 - 1248.85] ( Chapter 1.3 added by Stats. 1994, Ch. 1276, Sec. 2. ) ## 1248.85. This chapter shall not preclude an approved accreditation agency from adopting additional standards consistent with Section 1248.15, establishing procedures for the conduct of onsite inspections, selecting onsite inspectors to perform accreditation onsite inspections, or establishing and collecting reasonable fees for the conduct of accreditation onsite inspections. (Amended by Stats. 2011, Ch. 645, Sec. 9. (SB 100) Effective January 1, 2012.)
  21. 124800.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 6. Small and Rural Hospitals [124800 - 124870] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The Legislature states findings about rural hospitals, including their role in communities, financial strain, and importance to Medi-Cal.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 6. Small and Rural Hospitals [124800 - 124870] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 124800. The Legislature finds and declares all of the following: (a) Rural hospitals serve as the “hub of health,” and through that role attract and retain in their communities physicians, nurses, and other primary care providers. Because of economies of scale compounded by reimbursement reforms, many rural hospitals will close before the end of this decade. This will result in the departure of primary care providers and the loss of emergency medical services both to residents and persons traveling through the area. The smallest and most remote facilities are at highest risk. (b) The rural hospital is often one of the largest employers in the community. The closure of such a hospital means the loss of a source of employment. This has an economic impact beyond the health sector. Further, economic development of a rural area is, in part, tied to the existence of a hospital. People, for example, tend not to retire to areas where there is not reasonable access to physician and hospital-based services. (c) Rural hospitals, especially the smaller facilities, lack access to the sophisticated expertise necessary to deal with current reimbursement regulations and the associated bureaucracy. (d) Most rural hospitals are unable to participate in programs that provide access to short- and long-term financing due to lender requirements for credit enhancement. (e) Because of economies of scale compounded by regulations under Title 22 of the California Code of Regulations and other regulations, rural hospitals have high, fixed costs that, in the present reimbursement environment, cannot be offset by revenues generated from serving a relatively small population base. Further, in an economically depressed rural area, community contributions are not sufficient to offset deficits. (f) Rural hospitals are an important link in the Medi-Cal program, and without special consideration that takes into account their unique circumstances, rural hospitals will be unable to continue providing services to Medi-Cal patients. This is especially true for outpatient services that are reimbursed at less than 60 percent of costs. (g) While only a very small percentage of the Medi-Cal budget for inpatient and outpatient services is spent for services rendered by rural hospitals, their participation is essential to preserve the integrity of the entire Medi-Cal program. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  22. 124805.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 6. Small and Rural Hospitals [124800 - 124870] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The provision says rural hospitals need support and flexibility, and it calls for study and development of a rural alternative hospital model.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 6. Small and Rural Hospitals [124800 - 124870] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 124805. (a) The Legislature recognizes the need to strengthen, and in some cases salvage, rural hospitals to ensure that adequate access to services is provided to residents of rural areas as well as tourists and travelers who, at certain times, may outnumber the residents. Further, the Legislature recognizes that this will require a comprehensive approach. Therefore, the Legislature intends that: (1) Expertise be provided to endangered rural hospitals to both of the following: (A) Carry out a strategic assessment of potential business and diversification of service opportunities. (B) Develop a specific plan of action when feasible. (2) Access, when appropriate, be provided to special eligibility programs within the California Health Facilities Financing Authority. (3) Short-term technical assistance be available on fiscal and program matters. (4) The department continue to provide regulatory relief through program flexibility. (5) Inpatient reimbursement limitations be modified so as not to single out rural hospitals for application. (6) Reimbursement rates for outpatient services be set at a level that will provide incentives for rural hospitals to focus on the provision of outpatient services and that will reduce the financial losses incurred by the facilities in providing those services. (b) The Legislature recognizes that for certain rural settings, an acute care hospital as defined in subdivision (a) of Section 1250 may no longer be cost-effective. Therefore, a rural alternative model that preserves the primary and emergency care systems must be identified, studied through demonstration projects, and developed as a new category of health facility. (c) The Legislature recognizes that a rural alternative facility may not conform to what is now depicted in state or federal regulation. Therefore, to identify a model, implement demonstration projects, and establish the rural alternative hospital as a license category of health facility, a cooperative effort will be required between the department, the federal Health Care Financing Administration, and the health care industry. To this end, the Legislature intends that the department inform the federal Health Care Financing Administration of its interest in establishing the rural alternative hospital program and subsequently seek any necessary waivers. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  23. 124810.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 6. Small and Rural Hospitals [124800 - 124870] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The definitions in this article control how this chapter is read, unless the context requires otherwise.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 6. Small and Rural Hospitals [124800 - 124870] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 124810. Unless the context otherwise requires, the definitions contained in this article govern the construction of this chapter. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  24. 124815.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 6. Small and Rural Hospitals [124800 - 124870] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    This section defines “Department” as the State Department of Health 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 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 6. Small and Rural Hospitals [124800 - 124870] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 124815. “Department” means the State Department of Health Services. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  25. 124820.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 6. Small and Rural Hospitals [124800 - 124870] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    This section defines “high-risk rural 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 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 6. Small and Rural Hospitals [124800 - 124870] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 124820. “High-risk rural hospital,” means a hospital as defined in subdivision (a) of Section 124840 that can demonstrate through audited and interim financial reports and projections that it is probable that it will need to cease operations within one year. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  26. 124825.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 6. Small and Rural Hospitals [124800 - 124870] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department must consult an organization of interest and develop recommendations about the type and scope of technical assistance for small and rural 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 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 6. Small and Rural Hospitals [124800 - 124870] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 124825. The department shall, in consultation with an organization of interest, develop recommendations on the type and scope of technical assistance that needs to be available to small and rural hospitals from within the department. The recommendations of an organization of interest shall be given consideration by the department in development of subsequent budgets. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  27. 124830.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 6. Small and Rural Hospitals [124800 - 124870] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    This section defines “Director” as the State Director of Health 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 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 6. Small and Rural Hospitals [124800 - 124870] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 124830. “Director” means the State Director of Health Services. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  28. 124835.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 6. Small and Rural Hospitals [124800 - 124870] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    “Organizations of interest” means nonprofit organizations that typically represent the interests of hospitals and 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 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 6. Small and Rural Hospitals [124800 - 124870] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 124835. “Organizations of interest” means nonprofit organizations that typically represent the interests of hospitals and health systems. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  29. 124840.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 6. Small and Rural Hospitals [124800 - 124870] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    This section defines “small and rural hospital” as an acute care hospital that meets either of two 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 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 6. Small and Rural Hospitals [124800 - 124870] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 124840. “Small and rural hospital” means an acute care hospital that meets either of the following criteria: (a) Meets the criteria for designation within peer group six or eight, as defined in the report entitled Hospital Peer Grouping for Efficiency Comparison, dated December 20, 1982. (b) Meets the criteria for designation within peer group five or seven and has no more than 76 acute care beds and is located in an incorporated place or census designated place of 15,000 or less population according to the 1980 federal census. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  30. 124845.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 6. Small and Rural Hospitals [124800 - 124870] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    This section defines “strategically located” for a 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 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 6. Small and Rural Hospitals [124800 - 124870] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 124845. “Strategically located” means a hospital as defined in subdivision (a) of Section 124840 that, by virtue of its location, or the location of a major portion of the hospital’s service area, can demonstrate that its existence is essential to provide health services including emergency services and stabilization to the service area and transient populations. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  31. 124850.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 6. Small and Rural Hospitals [124800 - 124870] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department must help certain high-risk rural hospitals assess business and service-diversification opportunities, consult other agencies, and set up assessment and action-plan tools.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 6. Small and Rural Hospitals [124800 - 124870] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 124850. The department shall provide expert technical assistance to strategically located, high-risk rural hospitals to assist the hospitals in carrying out an assessment of potential business and diversification of service opportunities. In providing the technical assistance on business opportunities, the department shall consult with other appropriate agencies. The high-risk rural hospital, in cooperation with the department, may develop a short-term plan of action if, in its opinion, the results of the assessment so indicate. The department, in consultation with an organization of interest, shall do all of the following: (a) Establish a process for identifying strategically located, high-risk rural hospitals and reviewing requests from the hospitals for assistance. (b) Develop a standard format for the strategic assessment. (c) Develop a model action plan. (d) Establish criteria for review of action plans. (e) Request input and assistance from organizations of interest. (f) Make the strategic assessment format and model action plan available to all small and rural hospitals. (Amended by Stats. 2004, Ch. 225, Sec. 56. Effective August 16, 2004.)
  32. 124855.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 6. Small and Rural Hospitals [124800 - 124870] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    Small and rural hospitals may apply to the California Health Facilities Financing Authority for special eligibility program consideration if they have completed the assessment and developed an action plan.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 6. Small and Rural Hospitals [124800 - 124870] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 124855. Any small and rural hospital may apply to the California Health Facilities Financing Authority for consideration under special eligibility programs if the hospital has successfully completed the assessment and developed an action plan. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  33. 124860.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 6. Small and Rural Hospitals [124800 - 124870] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department must set up and run a rural hospital demonstration project, choose two sites, and later either adopt regulations for a licensed rural alternative hospital or explain why that category should not be created.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 6. Small and Rural Hospitals [124800 - 124870] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 124860. (a) The department, after consultation with an organization of interest, shall select two strategically located, high-risk rural hospitals to plan and implement rural alternative hospital demonstration projects. To the extent possible, the department shall choose two demonstration sites, with one site serving an isolated mountainous area where access may be impeded by adverse weather conditions, and one site located in a rural agricultural community. Hospitals shall be selected on the basis of their interest in becoming a demonstration site and on their suitability as model rural alternative hospitals. The demonstration projects shall include, but not be limited to, identification of the following: (1) Appropriate mix and type of services to be provided locally and obtained on referral. (2) Types and numbers of personnel required. (3) Probability of, and the amount of, reimbursement under current regulations. (4) Statutory and regulatory changes necessary to license the facility and maximize reimbursement. (b) In administering the rural alternative hospital demonstration project, the department shall do all of the following: (1) Establish two demonstration sites on or before January 1, 1990, and operate the projects for a period of up to 18 months. (2) Grant exceptions to the licensure requirements for general acute care hospitals that are necessary to serve the purposes of this section when the granting of the exceptions do not jeopardize the health and welfare of patients. (3) Convey to the Federal Health Care Financing Administration its intent to establish the rural alternative hospital demonstration project and seek any necessary appropriate waivers. (4) Consider requests for grant funds made by demonstration site hospitals pursuant to subdivision (a) of Section 1188.86 as meeting criteria for priority funding. (5) Monitor and evaluate demonstration site projects as to the applicability of these models for statewide application. (c) The department, based on interim findings from the demonstration projects, shall do either of the following: (1) Prepare and adopt regulations establishing the rural alternative hospital as a licensed health facility by January 1, 1992. (2) Submit to the Legislature by that date a report detailing why a category of health facility should not be established. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  34. 124865.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 6. Small and Rural Hospitals [124800 - 124870] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department must continue to provide regulatory relief, when appropriate, through program flexibility for staffing, space, and physical plant 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 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 6. Small and Rural Hospitals [124800 - 124870] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 124865. The department shall continue to provide regulatory relief when appropriate through program flexibility for such items as staffing, space, and physical plant requirements. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  35. 124870.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 6. Small and Rural Hospitals [124800 - 124870] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department must set up regulations that increase Medi-Cal outpatient reimbursement rates for small and rural hospitals, and the Director of Health Services must adopt emergency regulations to implement the adjustments.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 6. Small and Rural Hospitals [124800 - 124870] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 124870. (a) The department shall adopt regulations that will provide for an increase in reimbursement rates for outpatient services rendered to Medi-Cal patients by small and rural hospitals, as defined in Section 124840, over and above those reimbursement rates specified in Section 51509 of the California Code of Regulations. The amount of this increase shall be governed by the funding allocated for this specific purpose in the Budget Act, or in another specific appropriation measure. (b) The rate adjustment authorized by subdivision (a) shall be allocated to eligible hospitals as follows: (1) A separate percentage increase shall be calculated for minimum floor and nonminimum floor hospitals based on the ratio of each small and rural hospitals’ Medi-Cal outpatient payments to the total of all small and rural hospitals’ Medi-Cal outpatient payments during the preceding calendar year, as determined by the department. The percentage rate increase for minimum floor hospitals shall be 125 percent of the rate increase percentage calculated for nonminimum floor hospitals. The combined rate increases for minimum floor and nonminimum floor hospitals shall not exceed the funds appropriated for this purpose. (2) For purposes of this section, “minimum floor hospital” means a hospital (A) where Medi-Cal payments for outpatient services during the preceding calendar year were less than 1/2 percent of the total of Medi-Cal payments for outpatient services rendered by all small and rural hospitals during that period and (B) where the total gross patient revenue from all sources during that period was less than ten million dollars ($10,000,000). (3) For purposes of this section, “nonminimum floor hospital” means a hospital (A) where Medi-Cal payments for outpatient services during the preceding calendar year equaled or exceeded 1/2 percent or of the total of Medi-Cal payments for outpatient services rendered by all small and rural hospitals during that period or (B) where the total gross patient revenue from all sources during that period was ten million dollars ($10,000,000) or more. (c) For the purpose of calculating the percentage increase, if any eligible hospital had less than a full year of operation upon which to determine the ratio of Medi-Cal expenditures as defined in paragraph (1) of subdivision (b), the department shall extrapolate the Medi-Cal paid claims expenditures for that hospital to estimate a full year’s Medi-Cal claims expenditure. (d) Payment under this section shall be contingent upon submission of approved claims for Medi-Cal outpatient services rendered after January 1, 1989. (e) The Director of Health Services shall adopt emergency regulations pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code to implement the rate adjustments required under this section. The adoption of these regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, or safety. Notwithstanding any provision of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, emergency regulations adopted by the department to implement the rate adjustments required under this section shall not be subject to any review, approval, or disapproval by the Office of Administrative Law at any stage of the rulemaking process. These regulations shall become effective immediately upon their filing with the Secretary of State. (f) Notwithstanding any other provision of law, reimbursement rates adopted pursuant to this section shall not exceed the hospital’s usual and customary charges for services rendered. (g) The department shall maximize federal financial participation in implementing this section. (h) This section shall become operative July 1, 1989. (Amended by Stats. 2000, Ch. 158, Sec. 1. Effective January 1, 2001.)
  36. 124875.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 7. Grants in Aid for Clinics [124875 - 124945] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Clinics [124875 - 124890] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The Legislature states that community and free clinics provide low-cost primary care to many medically underserved people, and that state funding is needed to help keep clinic programs operating.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 7. Grants in Aid for Clinics [124875 - 124945] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Clinics [124875 - 124890] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 124875. The Legislature finds and declares that: (a) In California there are approximately 300 community clinics and free clinics that provide primary health care at low cost for a significant portion of the medically underserved population. (b) These clinics account for more than 3,000,000 patient visits annually. (c) Increasingly large caseloads, the debilitating effects of inflation on purchased goods and services, and a lack of financial resources are forcing many community and free clinics to curtail services needed in their communities. (d) Recognizing the contribution of community and free clinics to the health care of Californians and the contribution of the clinics to lowering the costs of health care, it is in the interest of the people of this state to ensure continuation of clinic programs by providing necessary funding. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  37. 124880.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 7. Grants in Aid for Clinics [124875 - 124945] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Clinics [124875 - 124890] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department must run a grants-in-aid program for qualifying clinics, and the director must set a required matching contribution; grant funds cannot be used for equipment, renovations, land, or buildings.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 7. Grants in Aid for Clinics [124875 - 124945] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Clinics [124875 - 124890] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 124880. The department shall conduct a program of grants-in-aid for the following purposes: (a) To assist in stabilizing the health care operations of community clinics and free clinics that provide a wide range of primary health care services. (b) To fund innovative and creative programs of such clinics designed to provide a high quality of health services at minimum cost. Eligibility for grants shall be limited to community clinics, free clinics, clinics exempt from licensure under subdivision (c) of Section 1206, and any nonprofit corporation that is comprised of not less than three such clinics having a combined service area covering an entire county or more. Grants authorized pursuant to this article shall be limited in purpose to defraying operating expenses of the recipient clinic, including personnel costs, and for technical assistance provided to the recipient. Grants shall not be made or used for purchase of equipment, facility renovations, or purchase of land or buildings. As a condition to making a grant pursuant to this chapter, the director shall require the applicant to match not less than 20 or more than 40 percent of the amount granted. The required matching funds shall be determined by the director, based upon the ability of the applicant to provide matching funds. The required match may be in cash or in-kind contributions, or a combination of both. In-kind contributions may include, but shall not be limited to, staff and volunteer services. The director may waive all or a portion of the grantee match in individual cases of demonstrated hardship if the director determines that making the grant would effectively serve the purposes of this chapter. The director shall adopt criteria to be applied in determining whether to grant requests for waivers. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  38. 124885.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 7. Grants in Aid for Clinics [124875 - 124945] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Clinics [124875 - 124890] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department must review grant applications each year and allocate clinic grant money under the article’s priorities. Individual grants are capped at $60,000, no applicant may get more than one grant in a year, and grants are governed by a contract that may allow advance payments up to 25% of the grant.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 7. Grants in Aid for Clinics [124875 - 124945] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Clinics [124875 - 124890] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 124885. The department shall annually receive and process grant applications submitted by eligible applicants, and shall allocate grant moneys in accordance with the policies and priorities adopted pursuant to this article. Individual grants shall be limited to a maximum of sixty thousand dollars ($60,000), including grants to nonprofit corporations comprised of more than one clinic. However, grants may be renewed on an annual basis, subject to the submission and review of an annual renewal application, that shall be considered with, and subject to the same priorities as, new applications. No applicant shall receive more than one grant in any year. Each grant shall be subject to a contract between the department and the grantee prescribing the services to be provided by the grantee thereunder and other conditions of the grant. A contract may provide for periodic advance payments for services to be performed, but in no event shall advance payments exceed 25 percent of the grant. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  39. 124890.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 7. Grants in Aid for Clinics [124875 - 124945] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Clinics [124875 - 124890] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department must consider specified factors when setting grant policies and priorities, and must adopt guidelines for grant-supported activities. Clinics mainly serving medically underserved populations get first consideration if all listed factors are present.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 7. Grants in Aid for Clinics [124875 - 124945] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Clinics [124875 - 124890] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 124890. In developing policies and priorities pertaining to the allocation of grant funds, the department shall give primary consideration to the following factors: (a) The applicant’s need for funds to continue its current level of operation. (b) The applicant’s long-term prospects for financial stability. (c) The quality of services provided. (d) The high-risk or underserved population groups currently being served by the applicant. All of the above factors being present, clinics primarily serving population groups determined by the director to be medically underserved shall be entitled to first consideration in the allocation of grant funds. The department shall adopt guidelines for establishment of grant-supported activities, including criteria for evaluation of each activity and monitoring to assure compliance with grant conditions and applicable regulations of the department. The guidelines shall be developed in consultation with the Primary Care Clinics Advisory Committee and other advisory committees and persons as the department determines are appropriate. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  40. 124900.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 7. Grants in Aid for Clinics [124875 - 124945] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Primary Care [124900 - 124945] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    This section sets rules for clinic grant funding and reimbursement: the department selects eligible primary care clinics, clinics must meet minimum eligibility conditions, and funding is allocated using specified formulas and 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 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 7. Grants in Aid for Clinics [124875 - 124945] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Primary Care [124900 - 124945] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 124900. (a) (1) The State Department of Health Care Services shall select primary care clinics that are licensed under subparagraph (A) or (B) of paragraph (1) of subdivision (a) of Section 1204, or are exempt from licensure under subdivision (c) of Section 1206, to be reimbursed for delivering medical services, including preventive health care, and smoking prevention and cessation health education, to program beneficiaries. (2) In order to be eligible to receive funds under this article a clinic shall meet all of the following conditions, at a minimum: (A) Provide medical diagnosis and treatment. (B) Provide medical support services of patients in all stages of illness. (C) Provide communication of information about diagnosis, treatment, prevention, and prognosis. (D) Provide maintenance of patients with chronic illness. (E) Provide prevention of disability and disease through detection, education, persuasion, and preventive treatment. (F) Meet one or both of the following conditions: (i) Be located in an area or a facility federally designated as a health professional shortage area, medically underserved area, or medically underserved population. (ii) Be a clinic that is able to demonstrate that at least 50 percent of the patients served are persons with incomes at or below 200 percent of the federal poverty level. (3) Notwithstanding the requirements of paragraph (2), all clinics that received funds under this article in the 1997–98 fiscal year shall continue to be eligible to receive funds under this article. (b) As a part of the award process for funding pursuant to this article, the department shall take into account the availability of primary care services in the various geographic areas of the state. The department shall determine which areas within the state have populations that have clear and compelling difficulty in obtaining access to primary care. The department shall consider proposals from new and existing eligible providers to extend clinic services to these populations. (c) A primary care clinic applying for funds pursuant to this article shall demonstrate that the funds shall be used to expand medical services, including preventive health care, and smoking prevention and cessation health education, for program beneficiaries above the level of services provided in the 1988 calendar year, or in the year prior to the first year a clinic receives funds under this article if the clinic did not receive funds in the 1989 calendar year. (d) (1) The department, in consultation with clinics funded under this article, shall develop a formula for allocation of funds available. It is the intent of the Legislature that the funds allocated pursuant to this article promote stability for those clinics participating in programs under this article as part of the state’s health care safety net and at the same time be distributed in a manner that best promotes access to health care to uninsured populations. (2) The formula shall be based on both of the following: (A) A hold harmless for clinics funded in the 1997–98 fiscal year to continue to reimburse them for some portion of their uncompensated care. (B) Demonstrated unmet need by both new and existing clinics, as reflected in their levels of uncompensated care reported to the department. For purposes of this article, “uncompensated care” means clinic patient visits for persons with incomes at or below 200 percent of the federal poverty level for which there is no encounter-based third-party reimbursement which includes, but is not limited to, unpaid expanded access to primary care claims. (3) The department shall allocate available funds, for a three-year period, as follows: (A) Clinics that received funding in the prior fiscal year shall receive 90 percent of their prior fiscal year allocation, subject to available funds, provided that the funding award is substantiated by the clinics’ reported levels of uncompensated care. (B) The remaining funds beyond 90 percent shall be awarded to new and existing applicants based on the clinics’ reported levels of uncompensated care as verified by the department according to subparagraph (A) of paragraph (4). The department shall seek input from stakeholders to discuss adjustments to award levels that the department deems reasonable, such as including base amounts for new applicant clinics. (C) New applicants shall be awarded funds pursuant to this subdivision if they meet the minimum requirements for funding under this article based on the clinics’ reported levels of uncompensated care as verified by the department according to subparagraph (A) of paragraph (4). New applicants include applicants for new site expansions by existing applicants. (4) In assessing reported levels of uncompensated care, the department shall utilize the data available from the Office of Statewide Health Planning and Development’s (OSHPD’s) completed analysis of the “Annual Report of Primary Care Clinics” for the prior fiscal year, or if more recent data is available, then the most recent data. If this data is unavailable for an existing applicant to assess reported levels of uncompensated care, the existing applicant shall receive an allocation pursuant to subparagraph (A) of paragraph (3). (A) The department shall utilize the most recent data available from OSHPD’s completed analysis of the “Annual Report of Primary Care Clinics” for the prior fiscal year, or if more recent data is available, then the most recent data. (B) If the funds allocated to the program are less than the prior year, the department shall allocate available funds to existing program providers only. (5) The department shall establish a base funding level, subject to available funds, of no less than thirty-five thousand dollars ($35,000) for frontier clinics and Native American reservation-based clinics. For purposes of this article, “frontier clinics” means clinics located in a medical services study area with a population of fewer than 11 persons per square mile. (6) The department shall develop, in consultation with clinics funded pursuant to this article, a formula for reallocation of unused funds to other participating clinics to reimburse for uncompensated care. The department shall allocate the unused funds remaining on October 30, for the prior fiscal year to other participating clinics to reimburse for uncompensated care. (e) In applying for funds, eligible clinics shall submit a single application per clinic corporation. Applicants with multiple sites shall apply for all eligible clinics, and shall report to the department the allocation of funds among their corporate sites in the prior year. A corporation may claim reimbursement only for services provided at a program-eligible clinic site identified in the corporate entity’s application for funds, and approved for funding by the department. A corporation may increase or decrease the number of its program-eligible clinic sites on an annual basis, at the time of the annual application update for the subsequent fiscal years of any multiple-year application period. (f) Grant allocations pursuant to this article shall be based on the formula developed by the department, notwithstanding a merger of one of more licensed primary care clinics participating in the program. (g) A clinic that is eligible for the program in every other respect, but that provides dental services only, rather than the full range of primary care medical services, shall only be eligible to receive funds under this article on an exception basis. A dental-only provider’s application shall include a memorandum of understanding (MOU) with a primary care clinic funded under this article. The MOU shall include medical protocols for making referrals by the primary care clinic to the dental clinic and from the dental clinic to the primary care clinic, and ensure that case management services are provided and that the patient is being provided comprehensive primary care as described in subdivision (a). (h) (1) For purposes of this article, an outpatient visit shall include diagnosis and medical treatment services, including the associated pharmacy, X-ray, and laboratory services, and prevention health and case management services that are needed as a result of the outpatient visit. For a new patient, an outpatient visit shall also include a health assessment encompassing an assessment of smoking behavior and the patient’s need for appropriate health education specific to related tobacco use and exposure. (2) “Case management” includes, for this purpose, the management of all physician services, both primary and specialty, and arrangements for hospitalization, postdischarge care, and followup care. (i) (1) Payment shall be on a per-visit basis at a rate that is determined by the department to be appropriate for an outpatient visit as defined in this section, and shall be not less than seventy-one dollars and fifty cents ($71.50). (2) In developing a statewide uniform rate for an outpatient visit as defined in this article, the department shall consider existing rates of payments for comparable outpatient visits. The department shall review the outpatient visit rate on an annual basis. (j) Not later than June 1 of each year, the department shall adopt and provide each licensed primary care clinic with a schedule for programs under this article, including the date for notification of availability of funds, the deadline for the submission of a completed application, and an anticipated contract award date for successful applicants. (k) In administering the program created pursuant to this article, the department shall utilize the Medi-Cal program statutes and regulations pertaining to program participation standards, medical and administrative recordkeeping, the ability of the department to monitor and audit clinic records pertaining to program services rendered to program beneficiaries and take recoupments or recovery actions consistent with monitoring and audit findings, and the provider’s appeal rights. A primary care clinic applying for program participation shall certify that it will abide by these statutes and regulations and other program requirements set forth in this article. (Amended by Stats. 2008, Ch. 179, Sec. 159. Effective January 1, 2009.)
  41. 124905.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 7. Grants in Aid for Clinics [124875 - 124945] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Primary Care [124900 - 124945] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    This section defines who counts as a program beneficiary and bars copays for funded services, while allowing clinics to use a sliding fee scale and requiring the department to update the income standard yearly.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 7. Grants in Aid for Clinics [124875 - 124945] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Primary Care [124900 - 124945] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 124905. For purposes of this article, a “program beneficiary” is any person whose income level is at or below 200 percent of the federal poverty level as adjusted annually. Program beneficiaries shall not be required to provide any copayment for services that are funded pursuant to this article, except that clinics may charge beneficiaries on a sliding fee scale for services, but no beneficiary shall be denied services because of an inability to pay. The department shall annually adjust this income standard to reflect any changes in the federal poverty level. Payment pursuant to this article shall be made only for services for which payment will not be made through any private or public third-party reimbursement. (Amended by Stats. 1998, Ch. 883, Sec. 2. Effective January 1, 1999.)
  42. 124910.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 7. Grants in Aid for Clinics [124875 - 124945] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Primary Care [124900 - 124945] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    Primary care clinics seeking funds under this article must show they meet specified service, location or income, and application 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 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 7. Grants in Aid for Clinics [124875 - 124945] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Primary Care [124900 - 124945] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 124910. (a) (1) Each licensed primary care clinic, as specified in subdivision (a) of Section 124900, applying for funds under this article, shall demonstrate in its application that it meets all of the following conditions, at a minimum: (A) Provides medical diagnosis and treatment. (B) Provides medical support services of patients in all stages of illness. (C) Provides communication of information about diagnosis, treatment, prevention, and prognosis. (D) Provides maintenance of patients with chronic illness. (E) Provides prevention of disability and disease through detection, education, persuasion, and preventive treatment. (F) Meets one or both of the following conditions: (i) Is located in an area or a facility federally designated as a health professional shortage area, medically underserved area, or medically underserved population. (ii) Is a clinic in which at least 50 percent of the patients served are persons with incomes at or below 200 percent of the federal poverty level. (2) Any applicant who has applied for and received a federal or state designation for serving a health professional shortage area, medically underserved area, or population shall be deemed to meet the requirements of subdivision (a) of Section 124900. (b) Each applicant shall also demonstrate to the satisfaction of the department that the proposed services supplement, and do not supplant, those primary care services to program beneficiaries that are funded by any county, state, or federal program. (c) Each applicant shall demonstrate that it is an active Medi-Cal provider by being enrolled in Medi-Cal and diligently billing the Medi-Cal program for services rendered to Medi-Cal eligible patients during the past three months prior to the application due date. This subdivision shall not apply to clinics that are not currently Medi-Cal providers, and were funded participants pursuant to this article during the 1993–94 fiscal year. (d) Each application shall be evaluated by the state department prior to funding to determine all of the following: (1) The applicant shall provide its most recently audited financial statement to verify budget information. (2) The applicant’s ability to deliver basic primary care to program beneficiaries. (3) A description of the applicant’s operational quality assurance program. (4) The applicant’s use of protocols for the most common diseases in the population served under this article. (Amended by Stats. 2007, Ch. 188, Sec. 17. Effective August 24, 2007.)
  43. 124911.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 7. Grants in Aid for Clinics [124875 - 124945] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Primary Care [124900 - 124945] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department must issue a request for allocation of funds starting in the 1998–99 fiscal year, and the request must tell clinics to submit uniform data on uncompensated patient visits.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 7. Grants in Aid for Clinics [124875 - 124945] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Primary Care [124900 - 124945] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 124911. (a) Commencing in the 1998–99 fiscal year, the department shall release a request for allocation of funds for a period of three succeeding fiscal years. The request for allocation shall include specifications for the clinics to submit uniform data on uncompensated patient visits. (b) Annual funding awards for a clinic provider in the second and third fiscal years of a three-year funding period shall be contingent upon the clinic’s satisfactory performance under the program, and upon the availability of sufficient funds appropriated by the annual Budget Act. (Added by Stats. 1998, Ch. 883, Sec. 5. Effective January 1, 1999.)
  44. 124915.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 7. Grants in Aid for Clinics [124875 - 124945] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Primary Care [124900 - 124945] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    Services funded under this article may be provided only to the extent appropriated funds are available for that purpose.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 7. Grants in Aid for Clinics [124875 - 124945] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Primary Care [124900 - 124945] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 124915. Services funded pursuant to this article shall be limited to the extent that funds are appropriated for this purpose. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  45. 124920.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 7. Grants in Aid for Clinics [124875 - 124945] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Primary Care [124900 - 124945] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department must use existing claims processing services, choose participating clinics and allocations each fiscal year, pay claims only up to each clinic’s allocation, and notify affected clinics before allocation changes.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 7. Grants in Aid for Clinics [124875 - 124945] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Primary Care [124900 - 124945] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 124920. (a) The department shall utilize existing contractual claims processing services in order to promote efficiency and to maximize use of funds. (b) The department shall certify which primary care clinics are selected to participate in the program for each specific fiscal year, and how much in program funds each selected primary care clinic will be allocated each fiscal year. (c) The department shall pay claims from selected primary care clinics up to each clinic’s annual allocation. Once a clinic has exhausted its annual allocation, the state shall stop paying its program claims. (d) The department may adjust any selected primary care clinic’s allocation to take into account: (1) An increase in program funds appropriated for the fiscal year. (2) A decrease in program funds appropriated for the fiscal year. (3) A clinic’s projected inability to fully spend its allocation within the fiscal year. (4) Surplus funds reallocated from other selected primary care clinics. (e) The department shall notify all affected primary care clinics in writing prior to adjusting selected primary care clinics’ allocations. (f) Cessation of program payments under subdivision (e) or adjustment of selected primary care clinic’s allocations under subdivision (d) shall not be subject to the Medi-Cal appeals process referenced in subdivision (g) of Section 124900. (g) A clinic’s allocation under this article shall not be reduced solely because the clinic has engaged in supplemental fundraising drives and activities, the proceeds of which have been used to defray the costs of services to the uninsured. (Amended by Stats. 2006, Ch. 176, Sec. 4. Effective January 1, 2007.)
  46. 124930.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 7. Grants in Aid for Clinics [124875 - 124945] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Primary Care [124900 - 124945] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    Clinics receiving funds under this article must provide or arrange needed followup treatment for certain children, keep record entries, and send notices if treatment status cannot be confirmed.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 7. Grants in Aid for Clinics [124875 - 124945] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Primary Care [124900 - 124945] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 124930. (a) For any condition detected as part of a child health and disability prevention screen for any child eligible for services under Section 104395, if the child was screened by the clinic or upon referral by a child health and disability prevention program provider, unless the child is eligible to receive care with no share of cost under the Medi-Cal program, is covered under another publicly funded program, or the services are payable under private coverage, a clinic shall, as a condition of receiving funds under this article, do all of the following: (1) Insofar as the clinic directly provides these services for other patients, provide medically necessary followup treatment, including prescription drugs. (2) Insofar as the clinic does not provide treatment for the condition, arrange for the treatment to be provided. (b) (1) If any child requires treatment the clinic does not provide, the clinic shall arrange for the treatment to be provided, and the name of that provider shall be noted in the patient’s medical record. (2) The clinic shall contact the provider or the patient or his or her guardian, or both, within 30 days after the arrangement for the provision of treatment is made, and shall determine if the provider has provided appropriate care, and shall note the results in the patient’s medical record. (3) If the clinic is not able to determine, within 30 days after the arrangement for the provision of treatment is made, whether the needed treatment was provided, the clinic shall provide written notice to the county child health and disability prevention program director, and shall also provide a copy to the state director of the program. (Amended by Stats. 2006, Ch. 176, Sec. 6. Effective January 1, 2007.)
  47. 124940.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 7. Grants in Aid for Clinics [124875 - 124945] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Primary Care [124900 - 124945] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    Funds granted under this article for school-based clinics may be used only for clinics that were licensed and operating before January 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 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 7. Grants in Aid for Clinics [124875 - 124945] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Primary Care [124900 - 124945] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 124940. The use of funds granted pursuant to this article for use by school-based clinics shall be limited to those school-based clinics that were licensed and in operation before January 1, 1990. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  48. 124945.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 7. Grants in Aid for Clinics [124875 - 124945] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Primary Care [124900 - 124945] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    Entities or providers that receive funds under this article must spend the funds according to Article 2 of the Revenue and Taxation Code.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4. PRIMARY HEALTH CARE [124400 - 124945] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 7. Grants in Aid for Clinics [124875 - 124945] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Primary Care [124900 - 124945] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 124945. Any entity or provider that receives funds pursuant to this article shall expend those funds in accordance with the requirements of Article 2 (commencing with Section 30121) of Chapter 2 of Part 13 of Division 2 of the Revenue and Taxation Code. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  49. 124960.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4.5. PAIN PATIENT'S BILL OF RIGHTS [124960 - 124962] ( Part 4.5 added by Stats. 1997, Ch. 839, Sec. 1. )

    Verify source ↗

    This section states policy findings about pain treatment and opiate use, and gives patients with severe chronic intractable pain options to request, reject, or choose certain pain treatments.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4.5. PAIN PATIENT'S BILL OF RIGHTS [124960 - 124962] ( Part 4.5 added by Stats. 1997, Ch. 839, Sec. 1. ) ## 124960. The Legislature finds and declares all of the following: (a) The state has a right and duty to control the illegal use of opiate drugs. (b) Inadequate treatment of acute and chronic pain originating from cancer or noncancerous conditions is a significant health problem. (c) For some patients, pain management is the single most important treatment a physician can provide. (d) A patient suffering from severe chronic intractable pain should have access to proper treatment of his or her pain. (e) Due to the complexity of their problems, many patients suffering from severe chronic intractable pain may require referral to a physician with expertise in the treatment of severe chronic intractable pain. In some cases, severe chronic intractable pain is best treated by a team of clinicians in order to address the associated physical, psychological, social, and vocational issues. (f) In the hands of knowledgeable, ethical, and experienced pain management practitioners, opiates administered for severe acute pain and severe chronic intractable pain can be safe. (g) Opiates can be an accepted treatment for patients in severe chronic intractable pain who have not obtained relief from any other means of treatment. (h) A patient suffering from severe chronic intractable pain has the option to request or reject the use of any or all modalities to relieve his or her pain. (i) A physician treating a patient who suffers from severe chronic intractable pain may prescribe a dosage deemed medically necessary to relieve pain as long as the prescribing is in conformance with Section 2241.5 of the Business and Professions Code. (j) A patient who suffers from severe chronic intractable pain has the option to choose opiate medication for the treatment of the severe chronic intractable pain as long as the prescribing is in conformance with Section 2241.5 of the Business and Professions Code. (k) The patient’s physician may refuse to prescribe opiate medication for a patient who requests the treatment for severe chronic intractable pain. However, that physician shall inform the patient that there are physicians who treat severe chronic intractable pain with methods that include the use of opiates. (Amended by Stats. 2011, Ch. 396, Sec. 2. (AB 507) Effective January 1, 2012.)
  50. 124961.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4.5. PAIN PATIENT'S BILL OF RIGHTS [124960 - 124962] ( Part 4.5 added by Stats. 1997, Ch. 839, Sec. 1. )

    Verify source ↗

    Patients with severe chronic intractable pain may choose or refuse pain-relief modalities, including opiate medication, subject to the stated conditions; physicians may refuse to prescribe opiates but must tell the patient about other pain-treating physicians.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4.5. PAIN PATIENT'S BILL OF RIGHTS [124960 - 124962] ( Part 4.5 added by Stats. 1997, Ch. 839, Sec. 1. ) ## 124961. Nothing in this section shall be construed to alter any of the provisions set forth in Section 2241.5 of the Business and Professions Code. This section shall be known as the Pain Patient’s Bill of Rights. (a) A patient who suffers from severe chronic intractable pain has the option to request or reject the use of any or all modalities in order to relieve his or her pain. (b) A patient who suffers from severe chronic intractable pain has the option to choose opiate medications to relieve that pain without first having to submit to an invasive medical procedure, which is defined as surgery, destruction of a nerve or other body tissue by manipulation, or the implantation of a drug delivery system or device, as long as the prescribing physician acts in conformance with the California Intractable Pain Treatment Act, Section 2241.5 of the Business and Professions Code. (c) The patient’s physician may refuse to prescribe opiate medication for the patient who requests a treatment for severe chronic intractable pain. However, that physician shall inform the patient that there are physicians who treat pain and whose methods include the use of opiates. (d) A physician who uses opiate therapy to relieve severe chronic intractable pain may prescribe a dosage deemed medically necessary to relieve the patient’s pain, as long as that prescribing is in conformance with Section 2241.5 of the Business and Professions Code. (e) A patient may voluntarily request that his or her physician provide an identifying notice of the prescription for purposes of emergency treatment or law enforcement identification. (f) Nothing in this section shall do either of the following: (1) Limit any reporting or disciplinary provisions applicable to licensed physicians and surgeons who violate prescribing practices or other provisions set forth in the Medical Practice Act, Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, or the regulations adopted thereunder. (2) Limit the applicability of any federal statute or federal regulation or any of the other statutes or regulations of this state that regulate dangerous drugs or controlled substances. (Amended by Stats. 2011, Ch. 396, Sec. 3. (AB 507) Effective January 1, 2012.)
  51. 124962.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4.5. PAIN PATIENT'S BILL OF RIGHTS [124960 - 124962] ( Part 4.5 added by Stats. 1997, Ch. 839, Sec. 1. )

    Verify source ↗

    This section says nonpharmacological pain treatments should be promoted and encouraged, and it defines “nonpharmacological pain management treatment” as pain treatment without medication.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4.5. PAIN PATIENT'S BILL OF RIGHTS [124960 - 124962] ( Part 4.5 added by Stats. 1997, Ch. 839, Sec. 1. ) ## 124962. The Legislature finds and declares all of the following: (a) Nonpharmacological therapies for pain management have been proven effective for treatment of chronic pain and their use should be promoted just as are pharmacological analgesic therapies. (b) The United States Department of Health and Human Services’ Pain Management Best Practices Inter-Agency Task Force identified barriers to accessing nonpharmacological therapies for pain management related to health care providers that include underestimation of patients’ reported level of pain, including unconscious biases, workforce shortages, especially among behavioral and pain management specialists, lack of research on or lack of awareness of novel and effective approaches to pain care, and cost and reimbursement issues specific to the health care system. For patients, cost, time, and transportation barriers, as well as lack of coverage or lack of knowledge and awareness of nonpharmacological options have been identified. (c) A multimodal and patient-centered approach to treating and managing acute or chronic pain has been recommended by the task force. (d) Restorative, interventional, behavioral, complementary, and integrative health approaches have been identified as nonpharmacological therapies for pain management. (e) The federal Food and Drug Administration has approved behavioral or instrument-based and nonpharmacological immersive therapeutics indicated to manage or treat pain. (f) “Nonpharmacological pain management treatment” is pain management treatment without the use of medication, including behavioral therapy, instrument-based therapy, or immersive therapeutics approved by the federal Food and Drug Administration indicated for the use of managing or treating pain. (g) Medical devices are an important option for the treatment and management of pain and prevention of opioid use disorders. With a shift in how pain is treated, there is a greater need for ensuring appropriate coverage and payment policies for effective emerging technologies. (h) The health care system, including health care providers, health care service plans, and health insurers, should encourage the use of evidence-based nonpharmacological therapies for pain management. (Added by Stats. 2022, Ch. 160, Sec. 1. (AB 2585) Effective January 1, 2023.)
  52. 124965.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4.6. Jacqueline Marie Zbur Rare Disease Advisory Council [124965 - 124965.14] ( Part 4.6 added by Stats. 2024, Ch. 726, Sec. 2. )

    Verify source ↗

    This section creates the Jacqueline Marie Zbur Rare Disease Advisory Council if the Legislature appropriates funds, and says the council is advisory only with no regulatory authority.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4.6. Jacqueline Marie Zbur Rare Disease Advisory Council [124965 - 124965.14] ( Part 4.6 added by Stats. 2024, Ch. 726, Sec. 2. ) ## 124965. (a) Upon appropriation by the Legislature, there is established, within the California Health and Human Services Agency, the Jacqueline Marie Zbur Rare Disease Advisory Council. The council is advisory in nature and shall have no regulatory authority. (b) Unless the context requires otherwise, for purposes of this part, the following definitions shall apply: (1) “Advisory council” or “council” means the Jacqueline Marie Zbur Rare Disease Advisory Council. (2) “Rare disease” has the same meaning as provided in Section 360bb of Title 21 of the United States Code, or its successor. (Added by Stats. 2024, Ch. 726, Sec. 2. (AB 2613) Effective January 1, 2025. Repealed as of January 1, 2029, pursuant to Section 124965.14.)
  53. 124965.10.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4.6. Jacqueline Marie Zbur Rare Disease Advisory Council [124965 - 124965.14] ( Part 4.6 added by Stats. 2024, Ch. 726, Sec. 2. )

    Verify source ↗

    The advisory council must apply for and accept available grant funds for rare disease programs, but must not accept funds from the employer of a currently seated council member.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4.6. Jacqueline Marie Zbur Rare Disease Advisory Council [124965 - 124965.14] ( Part 4.6 added by Stats. 2024, Ch. 726, Sec. 2. ) ## 124965.10. The advisory council shall apply for, and accept, any grant of funds from the federal government, private foundations, or other sources that may be available for programs related to rare diseases. The advisory council shall not accept any funds from the employer of a currently seated council member. (Added by Stats. 2024, Ch. 726, Sec. 2. (AB 2613) Effective January 1, 2025. Repealed as of January 1, 2029, pursuant to Section 124965.14.)
  54. 124965.12.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4.6. Jacqueline Marie Zbur Rare Disease Advisory Council [124965 - 124965.14] ( Part 4.6 added by Stats. 2024, Ch. 726, Sec. 2. )

    Verify source ↗

    The advisory council must post a report on its activities, findings, and recommendations about rare-disease treatment and service quality, cost-effectiveness, and access on its web page.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4.6. Jacqueline Marie Zbur Rare Disease Advisory Council [124965 - 124965.14] ( Part 4.6 added by Stats. 2024, Ch. 726, Sec. 2. ) ## 124965.12. The advisory council shall report on the activities of the advisory council and its findings and recommendations on issues relating to the quality and cost-effectiveness of, and access to, treatment and services provided to persons with rare diseases in this state on the advisory council’s web page. (Added by Stats. 2024, Ch. 726, Sec. 2. (AB 2613) Effective January 1, 2025. Repealed as of January 1, 2029, pursuant to Section 124965.14.)
  55. 124965.14.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4.6. Jacqueline Marie Zbur Rare Disease Advisory Council [124965 - 124965.14] ( Part 4.6 added by Stats. 2024, Ch. 726, Sec. 2. )

    Verify source ↗

    This part expires on January 1, 2029 and is repealed on that date.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4.6. Jacqueline Marie Zbur Rare Disease Advisory Council [124965 - 124965.14] ( Part 4.6 added by Stats. 2024, Ch. 726, Sec. 2. ) ## 124965.14. This part shall remain in effect only until January 1, 2029, and as of that date is repealed. (Added by Stats. 2024, Ch. 726, Sec. 2. (AB 2613) Effective January 1, 2025. Repealed as of January 1, 2029, by its own provisions. Note: Repeal affects Part 4.6, commencing with Sec. 124965.)
  56. 124965.2.

    ## 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 4.6. Jacqueline Marie Zbur Rare Disease Advisory Council [124965 - 124965.14] ( Part 4.6 added by Stats. 2024, Ch. 726, Sec. 2. )

    Verify source ↗

    This section sets who appoints the rare disease advisory council chair and members, limits the chair from holding other state government positions, and requires annual conflict-of-interest disclosure by members.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4.6. Jacqueline Marie Zbur Rare Disease Advisory Council [124965 - 124965.14] ( Part 4.6 added by Stats. 2024, Ch. 726, Sec. 2. ) ## 124965.2. (a) The Secretary of Health and Human Services shall appoint the chair of the advisory council. The chair shall not hold any other position, employment, or appointment within state government. (b) Members of the advisory council shall be appointed by the State Public Health Officer, shall either reside in California or be employed by a California-based company or organization, and include all of the following: (1) Two physicians and surgeons licensed to practice in this state who have experience in treating patients with rare diseases, at least one of whom shall also treat children. (2) One registered professional nurse licensed to practice in this state who has experience in providing care to patients with rare diseases. (3) One hospital administrator employed by a hospital that treats rare disease patients. (4) One representative of the California health care coverage industry. (5) One representative of the biopharmaceutical industry. (6) One representative of the scientific community who is engaged in rare disease research. (7) One rare disease geneticist or genetic counselor. (8) Up to five individuals who are either a rare disease patient or a caregiver to a rare disease patient. The advisory council shall not include more than three individuals from each category. (9) One medical social worker or mental health provider who works with rare disease patients. (10) Up to two representatives of patient advocacy organizations that operate within this state. (c) The advisory council may advise the California Health and Human Services Agency on additional at-large appointments to the advisory council that may be necessary to carry out its duties. At-large appointments to the advisory council may serve on an ad hoc basis. (d) All members of the advisory council shall serve without compensation, but the members appointed pursuant to subdivision (b) may be reimbursed for travel and other miscellaneous expenses necessary to perform their duties if funds are made available to the advisory council for its purposes. (e) Members of the advisory council appointed pursuant to subdivision (b) shall serve for the duration of this part. Any vacancy in the membership of the advisory council shall be filled in the same manner as provided for in the original appointment. (f) Each member of the advisory council shall annually sign a conflict of interest statement disclosing any economic or other relationship with an entity that could influence the member’s decisions. At least 20 percent of the advisory council’s members shall not have a conflict of interest with respect to an insurer, pharmaceutical benefits manager, or pharmaceutical manufacturer. (Added by Stats. 2024, Ch. 726, Sec. 2. (AB 2613) Effective January 1, 2025. Repealed as of January 1, 2029, pursuant to Section 124965.14.)
  57. 124965.6.

    ## 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 4.6. Jacqueline Marie Zbur Rare Disease Advisory Council [124965 - 124965.14] ( Part 4.6 added by Stats. 2024, Ch. 726, Sec. 2. )

    Verify source ↗

    The advisory council must meet at least twice a year and may use available employees from state, county, or municipal agencies if those employees choose to մասնակցate.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4.6. Jacqueline Marie Zbur Rare Disease Advisory Council [124965 - 124965.14] ( Part 4.6 added by Stats. 2024, Ch. 726, Sec. 2. ) ## 124965.6. (a) The advisory council shall meet periodically, but at least twice annually. (b) The advisory council may call to its assistance, and avail itself of the services of, the employees of any state, county, or municipal department, board, bureau, commission, or agency as it may require and as may be available to it for its purposes, if those employees elect to participate. (Added by Stats. 2024, Ch. 726, Sec. 2. (AB 2613) Effective January 1, 2025. Repealed as of January 1, 2029, pursuant to Section 124965.14.)
  58. 124965.8.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4.6. Jacqueline Marie Zbur Rare Disease Advisory Council [124965 - 124965.14] ( Part 4.6 added by Stats. 2024, Ch. 726, Sec. 2. )

    Verify source ↗

    The advisory council must carry out several duties on rare diseases, including advising public and private bodies, consulting experts, maintaining a website, publishing resources, and identifying research and collaboration needs.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 4.6. Jacqueline Marie Zbur Rare Disease Advisory Council [124965 - 124965.14] ( Part 4.6 added by Stats. 2024, Ch. 726, Sec. 2. ) ## 124965.8. The advisory council shall perform all of the following duties: (a) Act as the advisory body on rare diseases to the Legislature, and state departments, agencies, commissions, and authorities, and private agencies, that provide services to, or that are charged with the care of, persons with rare diseases. (b) Consult with experts on rare diseases to develop recommendations to improve patient access to, and quality of, rare disease specialists, affordable and comprehensive health care coverage, relevant diagnostics, timely treatment, and other needed services. (c) Create and maintain an internet web page for the advisory council. (d) Identify, consolidate, and publish on the advisory council’s web page publicly accessible resources on research, diagnosis, treatment, and education relating to rare diseases in California to foster recognition and access to treatment. (e) Identify areas of unmet need for research and opportunities for collaboration with stakeholders and rare disease advisory councils in other states that can inform future studies and work done by the advisory council. (Added by Stats. 2024, Ch. 726, Sec. 2. (AB 2613) Effective January 1, 2025. Repealed as of January 1, 2029, pursuant to Section 124965.14.)
  59. 124975.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Hereditary Disorders Act [124975 - 124996] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The provision says hereditary-disorders screening programs must follow the Act’s principles, participation is generally voluntary, and California residents are entitled to health care suited to their needs.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Hereditary Disorders Act [124975 - 124996] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 124975. The Legislature hereby finds and declares that: (a) Each person in the State of California is entitled to health care commensurate with his or her health care needs, and to protection from inadequate health services not in the person’s best interests. (b) Hereditary disorders, such as sickle cell anemia, cystic fibrosis, and hemophilia, are often costly, tragic, and sometimes deadly burdens to the health and well-being of the citizens of this state. (c) Detection through screening of hereditary disorders can lead to the alleviation of the disability of some hereditary disorders and contribute to the further understanding and accumulation of medical knowledge about hereditary disorders that may lead to their eventual alleviation or cure. (d) There are different severities of hereditary disorders, that some hereditary disorders have little effect on the normal functioning of individuals, and that some hereditary disorders may be wholly or partially alleviated through medical intervention and treatment. (e) All or most persons are carriers of some deleterious recessive genes that may be transmitted through the hereditary process, and that the health of carriers of hereditary disorders is substantially unaffected by that fact. (f) Carriers of most deleterious genes should not be stigmatized and should not be discriminated against by any person within the State of California. (g) Specific legislation designed to alleviate the problems associated with specific hereditary disorders may tend to be inflexible in the face of rapidly expanding medical knowledge, underscoring the need for flexible approaches to coping with genetic problems. (h) State policy regarding hereditary disorders should be made with full public knowledge, in light of expert opinion and should be constantly reviewed to consider changing medical knowledge and ensure full public protection. (i) The extremely personal decision to bear children should remain the free choice and responsibility of the individual, and should not be restricted by the state. (j) Participation of persons in hereditary disorders programs in the State of California should be wholly voluntary, except for initial screening for phenylketonuria (PKU) and other genetic disorders treatable through the California newborn screening program. All information obtained from persons involved in hereditary disorders programs in the state should be held strictly confidential. (k) In order to minimize the possibility for the reoccurrence of abuse of genetic intervention in hereditary disorders programs, all programs offering screening programs for heredity disorders shall comply with the principles established in the Hereditary Disorders Act (Section 27). The Legislature finds it necessary to establish a uniform statewide policy for the screening for heredity disorder in the State of California. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  60. 124977.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Hereditary Disorders Act [124975 - 124996] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    This section requires the department to charge and collect fees for genetic disease testing and related services, sets a $10 prenatal screening fee, and allows emergency regulations to implement the 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 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Hereditary Disorders Act [124975 - 124996] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 124977. (a) It is the intent of the Legislature that, unless otherwise specified, the genetic disease testing program carried out pursuant to this chapter be fully supported from fees collected for services provided by the program. (b) (1) The department shall charge a fee to all payers for any test or activity performed pursuant to this chapter. The amount of the fee shall be established by regulation and periodically adjusted by the director in order to meet the costs of this chapter. Notwithstanding any other law, any fee charged for prenatal screening and followup services provided to a person enrolled in the Medi-Cal program, health care service plan enrollee, or person covered by a health insurance policy shall be paid in full and deposited in the Genetic Disease Testing Fund or the Birth Defects Monitoring Program Fund consistent with this section. (2) The department shall expeditiously undertake all steps necessary to implement the fee collection process, including personnel, contracts, and data processing, to initiate the fee collection process at the earliest opportunity. (3) Effective for services provided on and after July 1, 2002, the department shall charge a fee to the hospital of birth or, for births not occurring in a hospital, to families of the newborn for newborn screening and followup services. The hospital of birth and families of newborns born outside the hospital shall make payment in full to the Genetic Disease Testing Fund. The department shall not charge or bill Medi-Cal beneficiaries for services provided pursuant to this chapter. (4) (A) The department shall charge a fee for prenatal screening to support the pregnancy blood sample storage, testing, and research activities of the Birth Defects Monitoring Program. (B) The prenatal screening fee for activities of the Birth Defects Monitoring Program shall be ten dollars ($10). (5) The department shall set guidelines for invoicing, charging, and collecting from approved researchers the amount necessary to cover all expenses associated with research application requests made pursuant to this section, data linkage, retrieval, data processing, data entry, reinventory, reporting, and shipping of blood samples or their components, and related data management. (6) The only funds from the Genetic Disease Testing Fund that may be used for the purpose of supporting the pregnancy blood sample storage, testing, and research activities of the Birth Defects Monitoring Program are those prenatal screening fees assessed and collected prior to the creation of the Birth Defects Monitoring Program Fund specifically to support those Birth Defects Monitoring Program activities. (7) (A) The Birth Defects Monitoring Program Fund is hereby created as a special fund in the State Treasury. Fee revenues that are collected pursuant to paragraph (4) shall be deposited into the fund and shall be available upon appropriation by the Legislature to support the pregnancy blood sample storage, testing, and research activities, including reporting, of the Birth Defects Monitoring Program. (B) Notwithstanding Section 16305.7 of the Government Code, interest earned on funds in the Birth Defects Monitoring Program Fund shall be deposited as revenue into the fund to support the Birth Defects Monitoring Program. (c) (1) The Legislature finds that timely implementation of changes in genetic screening programs and continuous maintenance of quality statewide services requires expeditious regulatory and administrative procedures to obtain the most cost-effective electronic data processing, hardware, software services, testing equipment, and testing and followup services. (2) The expenditure of funds from the Genetic Disease Testing Fund for these purposes is not subject to Section 12102 of, and Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of, the Public Contract Code or to Division 25.2 (commencing with Section 38070) of this code. The department shall provide the Department of Finance with documentation that equipment and services have been obtained at the lowest cost consistent with technical requirements for a comprehensive high-quality program. (3) The expenditure of funds from the Genetic Disease Testing Fund for implementation of the Tandem Mass Spectrometry screening for fatty acid oxidation, amino acid, and organic acid disorders, and screening for congenital adrenal hyperplasia, may be implemented through the amendment of the Genetic Disease Branch Screening Information System contracts and is not subject to Chapter 3 (commencing with Section 12100) of Part 2 of Division 2 of the Public Contract Code, Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, and any policy, procedure, regulation, or manual authorized by those laws. (4) (A) The expenditure of funds from the Genetic Disease Testing Fund for the expansion of the Genetic Disease Branch Screening Information System to include cystic fibrosis, biotinidase, severe combined immunodeficiency (SCID), adrenoleukodystrophy (ALD), and any other disease that is detectable in blood samples, as specified in subdivision (d) of Section 125001, may be implemented through the amendment of the Genetic Disease Branch Screening Information System contracts and shall not be subject to Chapter 2 (commencing with Section 10290) or Chapter 3 (commencing with Section 12100) of Part 2 of Division 2 of the Public Contract Code, Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, or Sections 4800 to 5180, inclusive, of the State Administrative Manual as they relate to approval of information technology projects or approval of increases in the duration or costs of information technology projects. (B) This paragraph shall apply to the design, development, and implementation of the expansion and to the maintenance and operation of the Genetic Disease Branch Screening Information System, including change requests, once the expansion is implemented. (d) (1) (A) The department may adopt emergency regulations to implement and make specific this chapter in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (B) For the purposes of the Administrative Procedure Act, the adoption of regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. (C) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, these emergency regulations shall not be subject to the review and approval of the Office of Administrative Law. (D) Notwithstanding Sections 11346.1 and 11349.6 of the Government Code, the department shall submit these regulations directly to the Secretary of State for filing. (E) The regulations shall become effective immediately upon filing by the Secretary of State. (F) Regulations shall be subject to public hearing within 120 days of filing with the Secretary of State and shall comply with Sections 11346.8 and 11346.9 of the Government Code or shall be repealed. (2) (A) The Office of Administrative Law shall provide for the printing and publication of these regulations in the California Code of Regulations. (B) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the regulations adopted pursuant to this chapter shall not be repealed by the Office of Administrative Law and shall remain in effect until revised or repealed by the department. (3) The Legislature finds and declares that the health and safety of California newborns is in part dependent on an effective and adequately staffed genetic disease program, the cost of which shall be supported by the fees generated by the program. (Amended by Stats. 2024, Ch. 598, Sec. 1. (SB 1099) Effective January 1, 2025.)
  61. 124980.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Hereditary Disorders Act [124975 - 124996] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The director must set regulations and standards for hereditary disorders programs, and several privacy, counseling, disclosure, and participation rules apply to those programs.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Hereditary Disorders Act [124975 - 124996] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 124980. The director shall establish any regulations and standards for hereditary disorders programs as the director deems necessary to promote and protect the public health and safety. Standards shall include licensure of master level genetic counselors and doctoral level geneticists. Regulations adopted shall implement the principles established in this section. These principles shall include, but not be limited to, the following: (a) The public, especially communities and groups particularly affected by programs on hereditary disorders, should be consulted before any regulations and standards are adopted by the department. (b) The incidence, severity, and treatment costs of each hereditary disorder and its perceived burden by the affected community should be considered and, where appropriate, state and national experts in the medical, psychological, ethical, social, and economic effects or programs for the detection and management of hereditary disorders shall be consulted by the department. (c) Information on the operation of all programs on hereditary disorders within the state, except for confidential information obtained from participants in the programs, shall be open and freely available to the public. (d) Clinical testing procedures established for use in programs, facilities, and projects shall be accurate, provide maximum information, and the testing procedures selected shall produce results that are subject to minimum misinterpretation. (e) No test or tests may be performed on any minor over the objection of the minor’s parents or guardian, nor may any tests be performed unless the parent or guardian is fully informed of the purposes of testing for hereditary disorders and is given reasonable opportunity to object to the testing. (f) No testing, except initial screening for phenylketonuria (PKU) and other diseases that may be added to the newborn screening program, shall require mandatory participation, and no testing programs shall require restriction of childbearing, and participation in a testing program shall not be a prerequisite to eligibility for, or receipt of, any other service or assistance from, or to participate in, any other program, except where necessary to determine eligibility for further programs of diagnoses of or therapy for hereditary conditions. (g) Pretest and posttest counseling services for hereditary disorders shall be available through the program or a referral source for all persons determined to be or who believe themselves to be at risk for a hereditary disorder. Genetic counseling shall be provided by a physician, a certified advanced practice nurse with a genetics specialty, or other appropriately trained licensed health care professional and shall be nondirective, shall emphasize informing the client, and shall not require restriction of childbearing. (h) All participants in programs on hereditary disorders shall be protected from undue physical and mental harm, and except for initial screening for phenylketonuria (PKU) and other diseases that may be added to newborn screening programs, shall be informed of the nature of risks involved in participation in the programs, and those determined to be affected with genetic disease shall be informed of the nature, and where possible the cost, of available therapies or maintenance programs, and shall be informed of the possible benefits and risks associated with these therapies and programs. (i) All testing results and personal information generated from hereditary disorders programs shall be made available to an individual over 18 years of age, or to the individual’s parent or guardian. If the individual is a minor or incompetent, all testing results that have positively determined the individual to either have, or be a carrier of, a hereditary disorder shall be given through a physician or other source of health care. (j) All testing results and personal information from hereditary disorders programs obtained from any individual, or from specimens from any individual, shall be held confidential and be considered a confidential medical record except for information that the individual, parent, or guardian consents to be released, provided that the individual is first fully informed of the scope of the information requested to be released, of all of the risks, benefits, and purposes for the release, and of the identity of those to whom the information will be released or made available, except for data compiled without reference to the identity of any individual, and except for research purposes, provided that pursuant to Subpart A (commencing with Section 46.101) of Part 46 of Title 45 of the Code of Federal Regulations entitled “Basic HHS Policy for Protection of Human Subjects,” the research has first been reviewed and approved by an institutional review board that certifies the approval to the custodian of the information and further certifies that in its judgment the information is of such potentially substantial public health value that modification of the requirement for legally effective prior informed consent of the individual is ethically justifiable. (k) A physician providing information to patients on expanded newborn screening shall disclose to the parent the physician’s financial interest, if any, in the laboratory to which the patient is being referred. ( l) An individual whose confidentiality has been breached as a result of any violation of the provisions of the Hereditary Disorders Act, as defined in subdivision (b) of Section 27, may recover compensatory and civil damages. Any person who negligently breaches the confidentiality of an individual tested under this article shall be subject to civil damages of not more than ten thousand dollars ($10,000), reasonable attorney’s fees, and the costs of litigation. Any person who knowingly breaches the confidentiality of an individual tested under this article shall be subject to payment of compensatory damages, and in addition, may be subject to civil damages of fifty thousand dollars ($50,000), reasonable attorney’s fees, and the costs of litigation, or imprisonment in the county jail of not more than one year. If the offense is committed under false pretenses, the person may be subject to a fine of not more than one hundred thousand dollars ($100,000), imprisonment in the county jail of not more than one year, or both. If the offense is committed with the intent to sell, transfer, or use individually identifiable health information for commercial advantage, personal gain, or malicious harm, the person may be subject to a fine of not more than two hundred fifty thousand dollars ($250,000), imprisonment in the county jail of not more than one year, or both. (m) “Genetic counseling” as used in this section shall not include communications that occur between patients and appropriately trained and competent licensed health care professionals, such as physicians, registered nurses, and physicians assistants who are operating within the scope of their license and qualifications as defined by their licensing authority. (Amended by Stats. 2004, Ch. 228, Sec. 6.3. Effective August 16, 2004.)
  62. 124981.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Hereditary Disorders Act [124975 - 124996] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    A person may not use the title of genetic counselor unless licensed by the department, and applicants and licenseholders must meet qualification and continuing-education 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 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Hereditary Disorders Act [124975 - 124996] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 124981. (a) A person shall not use the title of genetic counselor unless the person has applied for and obtained a license from the department. (b) The applicant for a genetic counselor license shall meet minimum qualifications that include, but are not limited to, both of the following: (1) Has earned a master’s degree or above from a program specializing in or having substantial course content in genetics. (2) Has demonstrated competence by an examination administered or approved by the department. (c) The license shall be valid for three years unless at any time during that period it is revoked or suspended. The license may be renewed prior to the expiration of the three-year period. (d) To qualify to renew the license, a licenseholder shall have completed 45 hours of continuing education units during the three-year license renewal period. At least 30 hours of the continuing education units shall be in genetics. (e) (1) The fee for an original license and license renewal shall be three hundred dollars ($300). (2) (A) The department may adjust these fees to an amount not to exceed five hundred dollars ($500). (B) The department shall solicit input from affected stakeholders before raising fees under this subdivision. (Amended by Stats. 2025, Ch. 105, Sec. 40. (AB 144) Effective September 17, 2025.)
  63. 124982.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Hereditary Disorders Act [124975 - 124996] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department must issue temporary genetic counselor licenses to people who meet the listed requirements, charge a $300 fee unless adjusted up to $500, and may revoke the license for certain felony convictions.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Hereditary Disorders Act [124975 - 124996] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 124982. (a) The department shall issue a temporary genetic counselor license to a person to practice as a licensed genetic counselor who meets all of the following: (1) The requirements for licensure set forth in subdivision (b) of Section 124981, except passing the certification examination as required by paragraph (2) of subdivision (b) of Section 124981. (2) Either of the following requirements: (A) The person meets the requirements to apply for and has applied for the first available certification examination offered. The department may require an applicant for a temporary genetic counselor license to provide documentation of acceptance for the examination. (B) The person meets the requirements to apply for the certification examination and plans to apply to sit for the examination in the year following the year of the first available examination. The department shall require the applicant to provide documentation showing registration for the examination, when the documentation is received by the applicant. After the applicant takes the examination, the department shall require the applicant to provide documentation showing that the applicant took the examination. (3) (A) The fee for a temporary license shall be three hundred dollars ($300). (B) (i) The department may adjust this fee to an amount not to exceed five hundred dollars ($500). (ii) The department shall solicit input from affected stakeholders before raising fees under this paragraph. (b) A temporary genetic counselor license shall be valid for 24 months and shall not be extended or renewed. (c) Notwithstanding subdivision (a), a temporary license issued pursuant to this section shall expire upon any of the following events, whichever occurs earlier: (1) The issuance of a license pursuant to Section 124981. (2) Thirty days after notification of the department that an applicant has failed the certification examination. (3) The expiration date on the temporary license. (d) A person holding a temporary genetic counselor license issued pursuant to this section, shall be required to work under the supervision of a licensed genetic counselor or a licensed physician and surgeon. (e) The department may revoke the temporary license of a genetic counselor licensed pursuant to this section if the person has been convicted of a felony charge that is substantially related to the qualifications, functions, or duties of a genetic counselor. A plea of guilty or nolo contendere to a felony charge shall be deemed a conviction for the purposes of this subdivision. (Amended by Stats. 2025, Ch. 105, Sec. 41. (AB 144) Effective September 17, 2025.)
  64. 124985.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Hereditary Disorders Act [124975 - 124996] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    A violation of the Hereditary Disorders Act or regulations made under it is punishable as a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Hereditary Disorders Act [124975 - 124996] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 124985. A violation of any of the provisions of the Hereditary Disorders Act (Section 27) or any of the regulations adopted pursuant to that act shall be punishable as a misdemeanor. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  65. 124990.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Hereditary Disorders Act [124975 - 124996] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    For the Hereditary Disorders Act, “hereditary disorders programs” includes antenatal, neonatal, childhood, and adult screening programs, as well as adjunct genetic counseling 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 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Hereditary Disorders Act [124975 - 124996] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 124990. For the purposes of the Hereditary Disorders Act (Section 27), hereditary disorders programs shall include, but not be limited to, all antenatal, neonatal, childhood, and adult screening programs, and all adjunct genetic counseling services. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  66. 124991.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Hereditary Disorders Act [124975 - 124996] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The Birth Defects Monitoring Program must collect and store umbilical cord blood samples it receives, and the department must keep related information confidential and use fees only for authorized 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 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Hereditary Disorders Act [124975 - 124996] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 124991. (a) (1) The Birth Defects Monitoring Program, within the State Department of Public Health, shall collect and store any umbilical cord blood samples it receives from hospitals for storage and research. For purposes of ensuring financial stability, the Birth Defects Monitoring Program shall ensure that the following conditions, alone or in combination, are met: (A) The fees paid by researchers pursuant to subdivision (c) shall be used for, and be sufficient to cover the cost of, collecting and storing blood samples, including umbilical cord blood samples. (B) The department receives confirmation that a researcher has requested umbilical cord blood samples from the Birth Defects Monitoring Program for research or has requested umbilical cord blood samples to be included within a request for pregnancy or newborn blood samples through the program and has provided satisfactory evidence that adequate funding will be provided to the department from the fees paid by the researcher for the request. (C) The department receives federal grant moneys to pay for initial startup costs for the collection and storage of umbilical cord blood samples. (2) The department may limit the number of umbilical cord blood samples the program collects each year. (b) (1) All information relating to umbilical cord blood samples collected and utilized by the department shall be confidential, and shall be used solely for the purposes of the program, or, if approved by the department, research. Access to confidential information shall be limited to authorized persons who agree, in writing, to maintain the confidentiality of that information. Notwithstanding any other provision of law, when the blood samples specified in subdivision (c), including those samples with any information identifying the person from whom the samples were obtained, are stored, processed, analyzed, or otherwise shared for research purposes with nondepartment staff, those samples may be shared by the program with department-authorized researchers for research purposes, and department representatives approved by the department, subject to the confidentiality and security requirements for confidential information established in this section and in Section 103850. (2) The department shall maintain an accurate record of all persons who are given confidential information pursuant to this section, and any disclosure of confidential information shall be made only upon written agreement that the information will be kept confidential, used for its approved purpose, and not be further disclosed. (3) A person who, in violation of a written agreement to maintain confidentiality, discloses information provided pursuant to this section, or who uses information provided pursuant to this section in a manner other than as approved pursuant to this section may be denied further access to confidential information maintained by the department, and shall be subject to a civil penalty not exceeding one thousand dollars ($1,000). The penalty provided in this section does not limit or otherwise restrict a remedy, provisional or otherwise, provided by law for the benefit of the department or a person covered by this section. (c) In order to implement this section, the department shall establish fees in an amount that shall not exceed the costs of administering the program and the collection and storage of these samples, which the department shall collect from researchers who have been approved by the department and who seek to use the following types of blood samples for research: (1) Umbilical cord blood. (2) Pregnancy blood collected by the Genetic Disease Screening Program, and stored by the Birth Defects Monitoring Program. (3) Newborn blood collected by the Genetic Disease Screening Program. (d) Fees collected pursuant to subdivision (c) shall be collected by the department and deposited into the Birth Defects Monitoring Program Fund, the Genetic Disease Testing Fund, created pursuant to Section 124996, or the Cord Blood Banking Fund, which is hereby created as a special fund in the State Treasury. The amount of fees deposited into each of these funds shall be based on the program that is providing those pregnancy blood samples, and the purpose for which the blood sample was obtained. Notwithstanding any other provision of law, the moneys in the Birth Defects Monitoring Program Fund, the Genetic Disease Testing Fund, and the Cord Blood Banking Fund that are collected pursuant to subdivision (c), may be used by the department, upon appropriation by the Legislature, for the purposes specified in subdivision (e). (e) Moneys in those funds shall be used for the costs related to reporting, data management, including data linkage and entry, and blood collection, storage, retrieval, processing, inventory, and shipping. (f) The department shall comply with the existing requirements in the Birth Defects Monitoring Program, as set forth in Chapter 1 (commencing with Section 103825) of Part 2 of Division 102. (g) The department, any entities approved by the department, and researchers shall maintain the confidentiality of patient information and blood samples in accordance with existing law and in the same manner as other medical record information with patient identification that they possess, and shall use the information only for the following purposes: (1) Research to identify risk factors for children’s and women’s diseases. (2) Research to develop and evaluate screening tests. (3) Research to develop and evaluate prevention strategies. (4) Research to develop and evaluate treatments. (h) (1) For purposes of ensuring the security of a donor’s personal information, before any blood samples are released pursuant to this section for research purposes, the State Committee for the Protection of Human Subjects (CPHS) shall determine if all of the following criteria have been met: (A) The department, contractors, researchers, or other entities approved by the department have provided a plan sufficient to protect personal information from improper use and disclosures, including sufficient administrative, physical, and technical safeguards to protect personal information from reasonable anticipated threats to the security or confidentiality of the information. (B) The department, contractors, researchers, or other entities approved by the department have provided a sufficient plan to destroy or return all personal information as soon as it is no longer needed for the research activity, unless the program contractors, researchers, or other entities approved by the department have demonstrated an ongoing need for the personal information for the research activity and have provided a long-term plan sufficient to protect the confidentiality of that information. (C) The department, contractors, researchers, or other entities approved by the department have provided sufficient written assurances that the personal information will not be reused or disclosed to a person or entity, or used in a manner not approved in the research protocol, except as required by law or for authorized oversight of the research activity. (2) As part of its review and approval of the research activity for the purpose of protecting personal information held in agency databases, CPHS shall accomplish at least all of the following: (A) Determine whether the requested personal information is needed to conduct the research. (B) Permit access to personal information only if it is needed for the research activity. (C) Permit access only to the minimum personal information necessary for the research activity. (D) Require the assignment of unique subject codes that are not derived from personal information in lieu of social security numbers if the research can be conducted without social security numbers. (E) If feasible, and if cost, time, and technical expertise permit, require the agency to conduct a portion of the data processing for the researcher to minimize the release of personal information. (i) In addition to the fees described in subdivision (c), the department may bill a researcher for the costs associated with the department’s process of protecting personal information, including, but not limited to, the department’s costs for conducting a portion of the data processing for the researcher, removing personal information, encrypting or otherwise securing personal information, or assigning subject codes. (j) This section does not prohibit the department from using its existing authority to enter into written agreements to enable other institutional review boards to approve research activities, projects or classes of projects for the department, provided that the data security requirements set forth in this section are satisfied. (Amended by Stats. 2024, Ch. 598, Sec. 2. (SB 1099) Effective January 1, 2025.)
  67. 124995.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Hereditary Disorders Act [124975 - 124996] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    Several named health programs must comply with regulations established under the Hereditary Disorders 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 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Hereditary Disorders Act [124975 - 124996] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 124995. The following programs shall comply with the regulations established pursuant to the Hereditary Disorders Act, as defined in Section 27: (a) The California Children’s Services Program under Article 5 (commencing with Section 123800) of Chapter 3 of Part 2. (b) Prenatal testing programs for newborns under Sections 125050 to 125065, inclusive. (c) Medical testing programs for newborns under the Maternal and Child Health Program Act, as defined in Section 27. (d) Programs of the genetic disease unit under Section 125000. (e) Child health and disability prevention programs under Article 6 (commencing with Section 124025) of Chapter 3 of Part 2 and Section 120475. (f) Genetically Handicapped Persons Program under Article 1 (commencing with Section 125125) of Chapter 2. (g) Medi-Cal Benefits Program under Article 4 (commencing with Section 14131) of Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code. (Amended by Stats. 2015, Ch. 303, Sec. 352. (AB 731) Effective January 1, 2016.)
  68. 124996.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Hereditary Disorders Act [124975 - 124996] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department may charge fees for activities under the Hereditary Disorders Act, collected money must go into the Genetic Disease Testing Fund, and the director must adopt regulations setting fee amounts.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Hereditary Disorders Act [124975 - 124996] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 124996. (a) The Genetic Disease Testing Fund is continued in existence as a special fund in the State Treasury. The department may charge a fee for any activities carried out pursuant to the Hereditary Disorders Act, including licensing activities conducted pursuant to Section 124980. All moneys collected by the department under the act shall be deposited in the Genetic Disease Testing Fund, that is continuously appropriated to the department to carry out the purposes of the act. (b) It is the intent of the Legislature that the program carried out pursuant to the act be fully supported from fees collected under the act. (c) The director shall adopt regulations establishing the amount of fees for activities carried out pursuant to the act. (d) The “Hereditary Disorders Act” or “act” referred to in this section is the act described in subdivision (b) of Section 27. (Added by renumbering Section 125005 by Stats. 2000, Ch. 941, Sec. 4. Effective January 1, 2001.)
  69. 1250.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 1. General [1250 - 1264.1] ( Article 1 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    This section defines several kinds of health facilities and sets some size, staffing, service, and licensing-related conditions for them.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 1. General [1250 - 1264.1] ( Article 1 added by Stats. 1973, Ch. 1202. ) ## 1250. As used in this chapter, “health facility” means a facility, place, or building that is organized, maintained, and operated for the diagnosis, care, prevention, and treatment of human illness, physical or mental, including convalescence and rehabilitation and including care during and after pregnancy, or for any one or more of these purposes, for one or more persons, to which the persons are admitted for a 24-hour stay or longer, and includes the following types: (a) “General acute care hospital” means a health facility having a duly constituted governing body with overall administrative and professional responsibility and an organized medical staff that provides 24-hour inpatient care, including the following basic services: medical, nursing, surgical, anesthesia, laboratory, radiology, pharmacy, and dietary services. A general acute care hospital may include more than one physical plant maintained and operated on separate premises as provided in Section 1250.8. A general acute care hospital that exclusively provides acute medical rehabilitation center services, including at least physical therapy, occupational therapy, and speech therapy, may provide for the required surgical and anesthesia services through a contract with another acute care hospital. In addition, a general acute care hospital that, on July 1, 1983, provided required surgical and anesthesia services through a contract or agreement with another acute care hospital may continue to provide these surgical and anesthesia services through a contract or agreement with an acute care hospital. The general acute care hospital operated by the State Department of Developmental Services at Agnews Developmental Center may, until June 30, 2007, provide surgery and anesthesia services through a contract or agreement with another acute care hospital. Notwithstanding the requirements of this subdivision, a general acute care hospital operated by the Department of Corrections and Rehabilitation or the Department of Veterans Affairs may provide surgery and anesthesia services during normal weekday working hours, and not provide these services during other hours of the weekday or on weekends or holidays, if the general acute care hospital otherwise meets the requirements of this section. A “general acute care hospital” includes a “rural general acute care hospital.” However, a “rural general acute care hospital” shall not be required by the department to provide surgery and anesthesia services. A “rural general acute care hospital” shall meet either of the following conditions: (1) The hospital meets criteria for designation within peer group six or eight, as defined in the report entitled Hospital Peer Grouping for Efficiency Comparison, dated December 20, 1982. (2) The hospital meets the criteria for designation within peer group five or seven, as defined in the report entitled Hospital Peer Grouping for Efficiency Comparison, dated December 20, 1982, and has no more than 76 acute care beds and is located in a census dwelling place of 15,000 or less population according to the 1980 federal census. (b) “Acute psychiatric hospital” means a health facility having a duly constituted governing body with overall administrative and professional responsibility and an organized medical staff that provides 24-hour inpatient care for persons with mental health disorders or other patients referred to in Division 5 (commencing with Section 5000) or Division 6 (commencing with Section 6000) of the Welfare and Institutions Code, including the following basic services: medical, nursing, rehabilitative, pharmacy, and dietary services. (c) (1) “Skilled nursing facility” means a health facility that provides skilled nursing care and supportive care to patients whose primary need is for availability of skilled nursing care on an extended basis. (2) “Skilled nursing facility” includes a “small house skilled nursing facility (SHSNF),” as defined in Section 1323.5. (d) “Intermediate care facility” means a health facility that provides inpatient care to ambulatory or nonambulatory patients who have recurring need for skilled nursing supervision and need supportive care, but who do not require availability of continuous skilled nursing care. (e) “Intermediate care facility/developmentally disabled habilitative” means a facility with a capacity of 4 to 15 beds that provides 24-hour personal care, habilitation, developmental, and supportive health services to 15 or fewer persons with developmental disabilities who have intermittent recurring needs for nursing services, but have been certified by a physician and surgeon as not requiring availability of continuous skilled nursing care. (f) “Special hospital” means a health facility having a duly constituted governing body with overall administrative and professional responsibility and an organized medical or dental staff that provides inpatient or outpatient care in dentistry or maternity. (g) “Intermediate care facility/developmentally disabled” means a facility that provides 24-hour personal care, habilitation, developmental, and supportive health services to persons with developmental disabilities whose primary need is for developmental services and who have a recurring but intermittent need for skilled nursing services. (h) “Intermediate care facility/developmentally disabled-nursing” means a facility with a capacity of 4 to 15 beds that provides 24-hour personal care, developmental services, and nursing supervision for persons with developmental disabilities who have intermittent recurring needs for skilled nursing care but have been certified by a physician and surgeon as not requiring continuous skilled nursing care. The facility shall serve medically fragile persons with developmental disabilities or who demonstrate significant developmental delay that may lead to a developmental disability if not treated. (i) (1) “Congregate living health facility” means a residential home with a capacity, except as provided in paragraph (4), of no more than 18 beds, that provides inpatient care, including the following basic services: medical supervision, 24-hour skilled nursing and supportive care, pharmacy, dietary, social, recreational, and at least one type of service specified in paragraph (2). The primary need of congregate living health facility residents shall be for availability of skilled nursing care on a recurring, intermittent, extended, or continuous basis. This care is generally less intense than that provided in general acute care hospitals but more intense than that provided in skilled nursing facilities. (2) Congregate living health facilities shall provide one or more of the following services: (A) Services for persons who are mentally alert, persons with physical disabilities, who may be ventilator dependent. (B) Services for persons who have a diagnosis of terminal illness, a diagnosis of a life-threatening illness, or both. Terminal illness means the individual has a life expectancy of six months or less as stated in writing by his or her attending physician and surgeon. A “life-threatening illness” means the individual has an illness that can lead to a possibility of a termination of life within five years or less as stated in writing by his or her attending physician and surgeon. (C) Services for persons who are catastrophically and severely disabled. A person who is catastrophically and severely disabled means a person whose origin of disability was acquired through trauma or nondegenerative neurologic illness, for whom it has been determined that active rehabilitation would be beneficial and to whom these services are being provided. Services offered by a congregate living health facility to a person who is catastrophically disabled shall include, but not be limited to, speech, physical, and occupational therapy. (3) A congregate living health facility license shall specify which of the types of persons described in paragraph (2) to whom a facility is licensed to provide services. (4) (A) A facility operated by a city and county for the purposes of delivering services under this section may have a capacity of 59 beds. (B) A congregate living health facility not operated by a city and county servicing persons who are terminally ill, persons who have been diagnosed with a life-threatening illness, or both, that is located in a county with a population of 500,000 or more persons, or located in a county of the 16th class pursuant to Section 28020 of the Government Code, may have not more than 25 beds for the purpose of serving persons who are terminally ill. (5) A congregate living health facility shall have a noninstitutional, homelike environment. (j) (1) “Correctional treatment center” means a health facility operated by the Department of Corrections and Rehabilitation, the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, or a county, city, or city and county law enforcement agency that, as determined by the department, provides inpatient health services to that portion of the inmate population who do not require a general acute care level of basic services. This definition shall not apply to those areas of a law enforcement facility that houses inmates or wards who may be receiving outpatient services and are housed separately for reasons of improved access to health care, security, and protection. The health services provided by a correctional treatment center shall include, but are not limited to, all of the following basic services: physician and surgeon, psychiatrist, psychologist, nursing, pharmacy, and dietary. A correctional treatment center may provide the following services: laboratory, radiology, perinatal, and any other services approved by the department. (2) Outpatient surgical care with anesthesia may be provided, if the correctional treatment center meets the same requirements as a surgical clinic licensed pursuant to Section 1204, with the exception of the requirement that patients remain less than 24 hours. (3) Correctional treatment centers shall maintain written service agreements with general acute care hospitals to provide for those inmate physical health needs that cannot be met by the correctional treatment center. (4) Physician and surgeon services shall be readily available in a correctional treatment center on a 24-hour basis. (5) It is not the intent of the Legislature to have a correctional treatment center supplant the general acute care hospitals at the California Medical Facility, the California Men’s Colony, and the California Institution for Men. This subdivision shall not be construed to prohibit the Department of Corrections and Rehabilitation from obtaining a correctional treatment center license at these sites. (k) “Nursing facility” means a health facility licensed pursuant to this chapter that is certified to participate as a provider of care either as a skilled nursing facility in the federal Medicare Program under Title XVIII of the federal Social Security Act (42 U.S.C. Sec. 1395 et seq.) or as a nursing facility in the federal Medicaid Program under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.), or as both. (l) Regulations defining a correctional treatment center described in subdivision (j) that is operated by a county, city, or city and county, the Department of Corrections and Rehabilitation, or the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, shall not become effective prior to, or, if effective, shall be inoperative until January 1, 1996, and until that time these correctional facilities are exempt from any licensing requirements. (m) “Intermediate care facility/developmentally disabled-continuous nursing (ICF/DD-CN)” means a homelike facility with a capacity of four to eight, inclusive, beds that provides 24-hour personal care, developmental services, and nursing supervision for persons with developmental disabilities who have continuous needs for skilled nursing care and have been certified by a physician and surgeon as warranting continuous skilled nursing care. The facility shall serve medically fragile persons who have developmental disabilities or demonstrate significant developmental delay that may lead to a developmental disability if not treated. ICF/DD-CN facilities shall be subject to licensure under this chapter upon adoption of licensing regulations in accordance with Section 1275.3. A facility providing continuous skilled nursing services to persons with developmental disabilities pursuant to Section 14132.20 or 14495.10 of the Welfare and Institutions Code shall apply for licensure under this subdivision within 90 days after the regulations become effective, and may continue to operate pursuant to those sections until its licensure application is either approved or denied. (n) “Hospice facility” means a health facility licensed pursuant to this chapter with a capacity of no more than 24 beds that provides hospice services. Hospice services include, but are not limited to, routine care, continuous care, inpatient respite care, and inpatient hospice care as defined in subdivision (d) of Section 1339.40, and is operated by a provider of hospice services that is licensed pursuant to Section 1751 and certified as a hospice pursuant to Part 418 of Title 42 of the Code of Federal Regulations. (Amended by Stats. 2015, Ch. 483, Sec. 1. (AB 1211) Effective October 4, 2015.)
  70. 1250.02.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 1. General [1250 - 1264.1] ( Article 1 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    This section makes a specified state regulation apply to rural general acute care hospitals, and lets the department adopt regulations to carry it out.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 1. General [1250 - 1264.1] ( Article 1 added by Stats. 1973, Ch. 1202. ) ## 1250.02. Article 9 (commencing with Section 70901) of Chapter 1 of Division 5 of Title 22 of the California Code of Regulations, as adopted to implement the requirements of Section 2 of Chapter 67 of the Statutes of 1988, shall apply to a rural general acute care hospital as defined in Section 1250. Any reference in those provisions to the Office of Statewide Health Planning and Development shall instead refer to the department. Any reference in those provisions to a small and rural hospital shall instead refer to a rural general acute care hospital. The department may adopt regulations to implement or administer this action. (Added by Stats. 1993, Ch. 931, Sec. 3. Effective January 1, 1994.)
  71. 1250.03.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 1. General [1250 - 1264.1] ( Article 1 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    A rural general acute care hospital without surgical and anesthesia services must keep written transfer agreements with one or more general acute care hospitals that do provide those services.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 1. General [1250 - 1264.1] ( Article 1 added by Stats. 1973, Ch. 1202. ) ## 1250.03. A rural general acute care hospital that does not provide surgical and anesthesia services shall maintain written transfer agreements with one or more general acute care hospitals that provide surgical and anesthesia services. (Added by renumbering Section 1250.1 (as added by Stats. 1993, Ch. 931) by Stats. 1994, Ch. 146, Sec. 94. Effective January 1, 1995.)
  72. 1250.05.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 1. General [1250 - 1264.1] ( Article 1 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    General acute care hospitals must maintain a medical records system, be able to locate all parts of a patient’s record, and adopt procedures for making relevant records available within a reasonable time.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 1. General [1250 - 1264.1] ( Article 1 added by Stats. 1973, Ch. 1202. ) ## 1250.05. (a) All general acute care hospitals licensed under this chapter shall maintain a medical records system, based upon current standards for medical record retrieval and storage, that organizes all medical records for each patient under a unique identifier. (b) This section shall not require electronic records or require that all portions of patients’ records be stored in a single location. (c) In addition, all general acute care hospitals shall have the ability to identify the location of all portions of a patient’s medical record that are maintained under the general acute care hospital’s license. (d) All general acute care hospitals, including those holding a consolidated general acute care license pursuant to Section 1250.8, shall develop and implement policies and procedures to ensure that relevant portions of patients’ medical records can be made available within a reasonable period of time to respond to the request of a treating physician, other authorized medical professionals, authorized representatives of the department, or any other person authorized by law to make such a request, taking into consideration the physical location of the records and hours of operation of the facility where those records are located, as well as the best interests of the patients. (Added by Stats. 1998, Ch. 310, Sec. 12. Effective August 19, 1998.)
  73. 1250.06.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 1. General [1250 - 1264.1] ( Article 1 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    Certain hospitals must adopt policies and procedures for safe repackaging and labeling of specified hazardous substances used throughout the hospital.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 1. General [1250 - 1264.1] ( Article 1 added by Stats. 1973, Ch. 1202. ) ## 1250.06. A licensed general acute care hospital, as defined pursuant to subdivision (a) of Section 1250, or an acute psychiatric hospital, as defined pursuant to subdivision (b) of Section 1250, shall adopt policies and procedures regarding the responsibility for ensuring proper methods of repackaging and labeling of bulk cleaning agents, solvents, chemicals, and nondrug hazardous substances used throughout the hospital. The hospital is not required to consult a pharmacist regarding the repackaging and labeling of these substances, except for areas where sterile compounding is performed. (Added by Stats. 2014, Ch. 319, Sec. 4. (SB 1039) Effective January 1, 2015.)
  74. 1250.1.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 1. General [1250 - 1264.1] ( Article 1 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    The department must adopt regulations defining bed classifications for health facilities, and the State Department of State Hospitals must set acute and nonacute 24-hour care levels for certain correctional treatment centers. Licensed inpatient beds in a correctional treatment center may be used only to provide health services.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 1. General [1250 - 1264.1] ( Article 1 added by Stats. 1973, Ch. 1202. ) ## 1250.1. (a) The department shall adopt regulations that define all of the following bed classifications for health facilities: (1) General acute care. (2) Skilled nursing. (3) Intermediate care-developmental disabilities. (4) Intermediate care—other. (5) Acute psychiatric. (6) Specialized care, with respect to special hospitals only. (7) Chemical dependency recovery. (8) Intermediate care facility/developmentally disabled habilitative. (9) Intermediate care facility/developmentally disabled nursing. (10) Congregate living health facility. (11) Pediatric day health and respite care facility, as defined in Section 1760.2. (12) Correctional treatment center. For correctional treatment centers that provide psychiatric and psychological services provided by county mental health agencies in local detention facilities, the State Department of State Hospitals shall adopt regulations specifying acute and nonacute levels of 24-hour care. Licensed inpatient beds in a correctional treatment center shall be used only for the purpose of providing health services. (13) Hospice facility. (b) Except as provided in Section 1253.1, beds classified as intermediate care beds, on September 27, 1978, shall be reclassified by the department as intermediate care—other. This reclassification shall not constitute a “project” within the meaning of Section 127170 and shall not be subject to any requirement for a certificate of need under Chapter 1 (commencing with Section 127125) of Part 2 of Division 107, and regulations of the department governing intermediate care prior to the effective date shall continue to be applicable to the intermediate care—other classification unless and until amended or repealed by the department. (Amended by Stats. 2012, Ch. 673, Sec. 3. (SB 135) Effective January 1, 2013.)
  75. 1250.10.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 1. General [1250 - 1264.1] ( Article 1 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    Psychiatric residential treatment facilities must get and keep required certification, follow utilization rules, report data yearly, and meet care-planning and privacy rules.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 1. General [1250 - 1264.1] ( Article 1 added by Stats. 1973, Ch. 1202. ) ## 1250.10. (a) (1) “Psychiatric residential treatment facility” means a health facility licensed by the State Department of Health Care Services, that is operated by a public agency or private nonprofit organization that provides inpatient psychiatric services, as described in Subpart D (commencing with Section 441.150) of Title 42 of the Code of Federal Regulations, to individuals under 21 years of age, in a nonhospital setting. (2) Psychiatric residential treatment facilities shall obtain and maintain certification to provide Medi-Cal inpatient psychiatric services for individuals under 21 years of age in compliance with the Centers for Medicare and Medicaid Services requirements. (3) Psychiatric residential treatment facilities shall comply with applicable utilization control requirements in Part 456 of Title 42 of the Code of Federal Regulations, including, but not limited to, Subpart D for Mental Hospitals. Psychiatric residential treatment facilities shall comply with utilization reviews, including, but not limited to, provisions specific to certification and recertification of need for inpatient care at least every 60 days, length of stay, continued stay, and length of stay modifications in order to ensure that patients are transitioned back to the community. (4) The department shall set a statewide bed limit based on an analysis to ensure that inpatient psychiatric services for individuals under 21 years of age are available and sufficient in amount, duration, and scope to reasonably achieve the purpose for which services are provided. The statewide bed limit shall comply with state and federal Medicaid requirements. The department shall notify the Legislature when the total number of beds in licensed psychiatric residential treatment facilities in the state reaches 250 beds, 500 beds, and 750 beds. (b) Notwithstanding any other law, and to the extent consistent with federal law, a psychiatric residential treatment facility shall be eligible to participate in the Medicare program under Title XVIII of the federal Social Security Act (42 U.S.C. Sec. 1395 et seq.), and the Medicaid program under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.), if all of the following conditions are met: (1) The facility is licensed as a psychiatric residential treatment facility by the State Department of Health Care Services to provide inpatient psychiatric services to Medicaid-eligible individuals under 21 years of age. (2) The facility is in compliance with all applicable state and federal Medicaid statutes, regulations, and guidance, including, but not limited to, inpatient initial and continued stay authorization criteria, individual plan of care requirements, documentation, and treatment plan review. (3) The facility meets the definition of a psychiatric residential treatment facility pursuant to Section 483.352 of Title 42 of the Code of Federal Regulations. (4) The facility provides inpatient psychiatric services to Medicaid-eligible individuals under 21 years of age in accordance with the requirements and standards developed by the State Department of Health Care Services pursuant to the authority in Section 1905(a)(16) and (h) (42 U.S.C. Sec. 1396d(a)(16) and (h)), Section 1902(a)(9)(A) (42 U.S.C. Sec. 1396a(a)(9)(A)), which authorizes the State Department of Health Care Services to establish and maintain health standards for institutions in which Medicaid beneficiaries may receive services, and Section 1902(a)(33)(B) (42 U.S.C. Sec. 1396a (a)(33)(B)) of the federal Social Security Act and the Medicaid State Plan. (5) The facility has a provider agreement with the State Department of Health Care Services or a mental health plan to provide the inpatient psychiatric services benefit to Medicaid-eligible individuals 21 years of age. (6) The facility obtains a certification for participation in the federal Medicaid program and maintains compliance with the conditions of participation for psychiatric residential treatment facilities pursuant to Subpart D of Part 441 and Subpart G of Part 483 of Title 42 of the Code of Federal Regulations. (7) For purposes of the requirements specified in Subpart G of Part 483 of Title 42 of the Code of Federal Regulations, facility staff shall have training on engaging in trauma-informed prevention and de-escalation interventions with the goal of reducing seclusion and restraint. (8) The facility maintains accreditation from one of the following organizations identified in Section 441.151 of Title 42 of the Code of Federal Regulations: (A) Joint Commission on Accreditation of Healthcare Organizations. (B) The Commission on Accreditation of Rehabilitation Facilities. (C) The Council on Accreditation of Services for Families and Children. (D) Any other accrediting organization with comparable standards recognized by the State Department of Health Care Services. (9) The facility has guidelines for operation that include, at a minimum, each of the following: (A) Requirements that all services and programs align to the trauma-informed care standards. (B) Length of stay to be determined by medical necessity for the duration of time needed to stabilize, treat, and transition the patient to a less restrictive setting consistent with the patient individual plan of care. (C) Requirements that patients are connected to a continuum of care and services to promote healing and step down to community-based care in facility plans of operation, along with the identification of strategies, treatment, services, and supports that the facility will employ to connect the youth and their families to community-based services and to step down the youth to family-based care. (D) The implementation of an individual plan of care that is all of the following: (i) Developed and implemented no later than 72 hours after admission. (ii) Designed to achieve the patient’s discharge from inpatient status, step-down service, at the earliest possible time or as a diversion to admittance to a psychiatric hospital. (iii) The individual plan of care shall be based on a diagnostic evaluation that is developed by a treatment team in consultation with the patient and their parents, legal guardians, or others into whose care they will be released after discharge, and include discharge plans and after-care resources such as community services to ensure continuity of care with the patient’s family, school, and community upon discharge. (c) The facility shall annually, by July 1 of each year, provide the State Department of Health Care Services with all of the following data: (1) Total number of patients admitted, including the number of Medi-Cal beneficiaries and the number of patients under the jurisdiction of the juvenile court. (2) Age, race or ethnicity, and gender of patients served, and, if available, sexual orientation and gender identity or expression of patients. (3) Duration of stay of each patient and the average and median lengths of stay for patients under the jurisdiction of the juvenile court and separately for those not subject to juvenile court jurisdiction. (4) For each patient, the type of placement the patient was in prior to admission, if any, the services and interventions provided to the patient prior to address the patient’s crisis needs, if any, and the number of prior hospitalizations, if any. (5) Professional classification of staff and contracted staff. (6) For each patient, the type of placement the client was discharged to. (7) The types of community-based services provided to patients during their stay to facilitate their transition back into the community, if any, including a breakdown of services provided to patients under the jurisdiction of the juvenile court and separately for those not subject to juvenile court jurisdiction. (8) Postdischarge plans and after care resources, including the type and intensity of mental health services, provided upon discharge. (9) The number of patients subjected to restraint, the number of times each patient was subjected to restraint, and the types and duration of restraint. (10) The facility’s policies regarding patient rules of conduct, behavioral incentives and discipline, and procedures for notifying patients of their rights. (11) A copy of the patient’s rights and facility complaint procedures provided to each patient upon admission. (d) The State Department of Health Care Services and the State Department of Social Services shall, by January 1 of each year, provide to the Senate and Assembly Committees on Health, Human Services, and Judiciary with a report summarizing the information provided under subdivision (c) including, at a minimum: (1) For each facility, all of the following: (A) The total number of patients admitted, including the number of Medi-Cal beneficiaries and the number of patients under the jurisdiction of the juvenile court. (B) The age, race or ethnicity, and gender of patients served, and, if available, sexual orientation and gender identity or expression of patients served. (C) The average and median lengths of stay at the facility. (D) Professional classifications of staff and contracted staff. (E) The types of placements patients were discharged to. (F) The types of community-based services provided to patients during their stay to facilitate their transition back into the community, if any, including a breakdown of services provided to patients under the jurisdiction of the juvenile court and separately for those not subject to juvenile court jurisdiction. (G) The number of patients subjected to restraint, the number of times each patient was subjected to restraint, and the types and duration of restraint. (H) The number of patients who had previously been admitted to the same or a different psychiatric residential facility. (2) On a statewide basis, all of the following: (A) (i) The total number of patients admitted to psychiatric residential facilities, including the number of Medi-Cal beneficiaries and the number of patients under the jurisdiction of the juvenile court. (ii) The total number of patients admitted to psychiatric residential facilities, including the number of Medi-Cal beneficiaries and the number of patients under the jurisdiction of the juvenile court, from each county. For purposes of this clause, “from each county” refers to the county where the patient resided prior to admission to the facility. (B) (i) The age, race or ethnicity, and gender of patients served, and, if available, the gender expression of patients served. (ii) The age, race or ethnicity, and gender of patients served, and, if available, sexual orientation and gender identity or expression of patients served from each county. For purposes of this clause, “from each county” refers to the county where the patient resided prior to admission to the facility. (C) The average and median lengths of stay. (D) The types of placements patients were discharged to. (E) The number of patients subjected to restraint, the number of times each patient was subjected to restraint, and the types and duration of restraint. (F) The number of patients who had previously been admitted to the same or a different psychiatric residential treatment facility. (G) (i) The number of intensive services foster care homes, enhanced intensive services foster care homes, other family-based treatment settings, and other less-restrictive placement settings available by county. (ii) For the purposes of this data collection, “family-based treatment setting” means a licensed home-like setting to serve a child’s, minor’s, or youth’s behavioral health needs. These family-based treatment settings may utilize a range of applicable license types, so long as they provide enhanced care and supervision in a home-like setting, meet all requirements pursuant to their respective license type, and provide an integrated behavioral health treatment as an alternative to, or stepdown from, psychiatric residential facilities and short-term residential therapeutic programs. (e) (1) The State Department of Health Care Services shall, in consultation with the State Department of Social Services, the County Behavioral Health Directors Association of California, provider representatives, children’s rights advocates, disability rights advocates, and other relevant stakeholders, establish regulations for psychiatric residential treatment facilities. At a minimum, the regulations shall include all of the following: (A) Therapeutic programming shall be provided seven days per week, including weekends and holidays, with sufficient mental health professional and paraprofessional staff to maintain an appropriate treatment setting and services, based on individual client’s needs. (B) The established number of beds in the facility shall be consistent with the individual treatment needs of the clients served at the facility and shall meet the requirements developed pursuant to subdivision (u) of Section 4081 of the Welfare and Institutions Code. At least 50 percent of the beds shall be in single-occupancy rooms. (C) (i) The length of stay shall be consistent with the individual plan of care developed by the interdisciplinary team. (ii) In the case of non-Medi-Cal beneficiaries, reauthorizations for admission shall be obtained using the process established by the entity providing coverage. (D) The length of stay shall be consistent with the individual plan of care developed by the interdisciplinary team. If a determination is made by a health care professional that a psychiatric residential treatment facility is medically necessary and is the appropriate level of care, reauthorization for admission shall be obtained using the process established by the entity providing coverage. (E) For voluntary admission of any minor patient subject to the jurisdiction of the juvenile court, the facility shall obtain court authorization for the admission pursuant to Section 361.23 or 727.13, as applicable, and Section 6552 of the Welfare and Institutions Code. Whenever consent for admission of a patient who is subject to the jurisdiction of the juvenile court is revoked, the facility shall immediately contact the county child welfare agency or probation department, as applicable, to arrange for the patient’s discharge. (F) Facilities shall include ample physical space for accommodating individuals who provide daily emotional and physical support to each client and for integrating family members into the day-to-day care of the youth. The facility shall provide patients with at least one hour per day of outdoor exercise or other time spent outside, weather permitting. (G) The facility shall collaborate with each client’s existing mental health team, if applicable, child and family team, as defined by paragraph (4) of subdivision (a) of Section 16501 of the Welfare and Institutions Code, if the patient is an Indian child, as defined in subdivisions (a) and (b) of Section 224.1 of the Welfare and Institutions Code, who is under the jurisdiction of the juvenile court, the child’s tribe, if applicable, and other support persons or providers identified by the child or parents within three business days of intake and throughout the course of care and treatment, as appropriate. (H) The facility shall provide information, upon request, to the county child welfare agency or county probation department to assist the county with its implementation of the patient’s aftercare plan for transitioning each admitted child from the program. (I) The patient’s rights provisions contained in Sections 5325, 5325.1, 5325.2, and 5326 of the Welfare and Institutions Code shall be available to any patient admitted to, or eligible for admission to, the facility. Every patient shall have a right to a hearing by writ of habeas corpus, within two judicial days of the filing of a petition for the writ of habeas corpus with the superior court of the county in which the facility is located, for their release. Regulations adopted pursuant to this section shall specify the procedures by which this right shall be ensured. These regulations shall generally be consistent with the procedures contained in Article 5 (commencing with Section 5275) of Chapter 2 of Part 1 of Division 5 of the Welfare and Institutions Code concerning habeas corpus for individuals, including children, subject to various involuntary holds. (J) The facility shall establish and implement an individual plan of care within 72 hours of the patient’s admission that is designed to achieve the patient’s discharge from inpatient status, step-down service, at the earliest possible time. The individual plan of care shall be based on a diagnostic evaluation that is developed by a treatment team in consultation with the patient and their parents, legal guardians, or others in whose care they will be released after discharge and include discharge plans and after-care resources such as community services to ensure continuity of care with the patient’s family, school, and community upon discharge. The plan of care shall be updated at least every 10 days, or more frequently if warranted by the patient’s change in acuity. For patients who are under the jurisdiction of the juvenile court, the patient’s social worker or probation officer and, for Indian children, as defined by subdivisions (a) and (b) of Section 224.1 of the Welfare and Institutions Code, the child’s tribe shall be included in the consultation by the treatment team. (K) Guidelines for the use of physical restraints and seclusion providing protections and safeguards in addition to the requirements in Subpart G (commencing with Section 483.350) of Title 42 of the Code of Federal Regulations. If a patient under the jurisdiction of the juvenile court under Section 300 or 602 of the Welfare and Institutions Code has been restrained or secluded, the facility shall notify the patient’s counsel, social worker, or probation officer, as applicable, the patient’s tribe if the patient is an Indian child, as defined in subdivisions (a) and (b) of Section 224.1 of the Welfare and Institutions Code, and, except in cases in which parental rights or a legal guardianship has been terminated, the patient’s parent, legal guardian, or Indian custodian. (2) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the State Department of Health Care Services may implement, interpret, or make specific the provisions applicable to psychiatric residential treatment facilities in this chapter, Division 1.5 (commencing with Section 1180) of this code, and Chapter 1 (commencing with Section 11000) of Part 3 of Division 9 of the Welfare and Institutions Code, in whole or in part, by means of plan or county letters, information notices, plan or provider bulletins, or other similar instructions, until regulations are adopted no later than December 31, 2027. (f) On or before June 1, 2027, the secretary or their designee, in consultation with the State Department of Social Services, shall report to the Legislature on the use of psychiatric residential treatment facilities in the state. The report shall include evaluation metrics assessing the efficacy of facilities in treating the mental health of individuals under 21 years of age, including analyses of individuals under 21 years of age within and without the jurisdiction of the juvenile court and by age, race or ethnicity, and sexual orientation and gender identity, and shall be submitted in compliance with Section 9795 of the Government Code. (g) Information released or published pursuant to this section shall not contain data that may lead to the identification of patients receiving services in a psychiatric residential treatment facility or information that would otherwise allow an individual to link the published information to a specific person. Data published by the department shall be deidentified in compliance with Section 164.514(a) and (b) of Title 45 of the Code of Federal Regulations. (Amended by Stats. 2025, Ch. 241, Sec. 17. (SB 857) Effective January 1, 2026.)
  76. 1250.11.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 1. General [1250 - 1264.1] ( Article 1 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    The State Department of Public Health must create written guidelines and regulations to reduce the spread of blood-borne infectious diseases, consult specified boards and organizations, and finish its review by January 1, 1993.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 1. General [1250 - 1264.1] ( Article 1 added by Stats. 1973, Ch. 1202. ) ## 1250.11. The State Department of Public Health shall develop written guidelines and regulations as necessary to minimize the risk of transmission of blood-borne infectious diseases from health care worker to patient, from patient to patient, and from patient to health care worker. In so doing, the department shall consider the recommendations made by the federal Centers for Disease Control and Prevention for preventing transmission of HIV and Hepatitis B. The department shall also take into account existing regulations of the department as well as standards, guidelines, and regulations pursuant to the California Occupational Safety and Health Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of the Labor Code) regarding infection control to prevent infection or disease as a result of the transmission of blood-borne pathogens. In so doing, the department shall consult with the Medical Board of California, the Dental Board of California, and the Board of Registered Nursing as well as associations representing health care professions, associations of licensed health facilities, organizations that advocate on behalf of those infected with HIV, and organizations representing consumers of health care. The department shall complete its review of the need for guidelines and regulations by January 1, 1993. (Amended by Stats. 2017, Ch. 561, Sec. 100. (AB 1516) Effective January 1, 2018.)
  77. 1250.2.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 1. General [1250 - 1264.1] ( Article 1 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    This section defines psychiatric health facilities, limits who they may admit, lets the health department issue special permits for structured outpatient services, and sets conditions for Medicare and Medicaid participation.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 1. General [1250 - 1264.1] ( Article 1 added by Stats. 1973, Ch. 1202. ) ## 1250.2. (a) (1) As defined in Section 1250, “health facility” includes a “psychiatric health facility,” defined to mean a health facility, licensed by the State Department of Health Care Services, that provides 24-hour inpatient care for people with mental health disorders, severe substance use disorders, as defined in subdivision (o) of Section 5008 of the Welfare and Institutions Code, or cooccurring mental health and severe substance use disorders, or other persons described in Division 5 (commencing with Section 5000) or Division 6 (commencing with Section 6000) of the Welfare and Institutions Code. This care shall include, but not be limited to, the following basic services: psychiatry, clinical psychology, psychiatric nursing, social work, rehabilitation, drug administration, food services, and substance use disorder services, as medically necessary and appropriate. Psychiatric health facilities shall only admit persons whose physical health needs can be met in an affiliated hospital or in outpatient settings and shall only admit people with stand-alone severe substance use disorders involuntarily pursuant to Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code. (2) It is the intent of the Legislature that the psychiatric health facility shall provide a distinct type of service to persons with mental health disorders, severe substance use disorders, or cooccurring mental health and substance use disorders in a 24-hour acute inpatient setting. The State Department of Health Care Services shall require regular utilization reviews of admission and discharge criteria and lengths of stay in order to ensure that these patients are moved to less restrictive levels of care as soon as appropriate. (b) (1) The State Department of Health Care Services may issue a special permit to a psychiatric health facility for it to provide structured outpatient services (commonly referred to as SOPS) consisting of morning, afternoon, or full daytime organized programs, not exceeding 10 hours, for acute daytime care for patients admitted to the facility. This subdivision shall not be construed as requiring a psychiatric health facility to apply for a special permit to provide these alternative levels of care. (2) The Legislature recognizes that, with access to structured outpatient services, as an alternative to 24-hour inpatient care, certain patients would be provided with effective intervention and less restrictive levels of care. The Legislature further recognizes that, for certain patients, the less restrictive levels of care eliminate the need for inpatient care, enable earlier discharge from inpatient care by providing a continuum of care with effective aftercare services, or reduce or prevent the need for a subsequent readmission to inpatient care. (c) Any reference in any statute to Section 1250 of the Health and Safety Code shall be deemed and construed to also be a reference to this section. (d) Notwithstanding any other law, and to the extent consistent with federal law, a psychiatric health facility shall be eligible to participate in the Medicare program under Title XVIII of the federal Social Security Act (42 U.S.C. Sec. 1395 et seq.), and the Medicaid program under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.), if all of the following conditions are met: (1) The facility is a licensed facility. (2) The facility is in compliance with all related statutes and regulations enforced by the State Department of Health Care Services, including regulations contained in Chapter 9 (commencing with Section 77001) of Division 5 of Title 22 of the California Code of Regulations. (3) The facility meets the definitions and requirements contained in subdivisions (e) and (f) of Section 1861 of the federal Social Security Act (42 U.S.C. Sec. 1395x(e) and (f)), including the approval process specified in Section 1861(e)(7)(B) of the federal Social Security Act (42 U.S.C. Sec. 1395x(e)(7)(B)), which requires that the state agency responsible for licensing hospitals has ensured that the facility meets licensing requirements. (4) The facility meets the conditions of participation for hospitals pursuant to Part 482 of Title 42 of the Code of Federal Regulations. (Amended by Stats. 2024, Ch. 644, Sec. 1. (SB 1238) Effective January 1, 2025.)
  78. 1250.3.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 1. General [1250 - 1264.1] ( Article 1 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    This section defines chemical dependency recovery hospitals and services, and sets staffing, bed-use, service-location, and coordination rules for those facilities.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 1. General [1250 - 1264.1] ( Article 1 added by Stats. 1973, Ch. 1202. ) ## 1250.3. (a) (1) “Chemical dependency recovery hospital” means a health facility that provides 24-hour inpatient chemical dependency recovery services for persons who have a dependency on alcohol or other drugs, or both alcohol and other drugs. Each facility shall have a medical director who is a physician and surgeon licensed to practice in this state. (2) “Chemical dependency recovery services” shall include, but not be limited to, the following basic services: medications for addiction treatment, medically supervised voluntary inpatient detoxification, patient counseling, group therapy, physical conditioning, family therapy, outpatient services, and dietetic services, but does not include emergency department services or medical inpatient admission for treatment of severe, potentially life-threatening, intoxication and withdrawal syndromes. (b) The Legislature finds and declares that problems related to the inappropriate use of alcohol or other drugs, or both alcohol and other drugs, are widespread and adversely affect the general welfare of the people of the State of California. It is the intent of the Legislature to expand access to chemical dependency recovery services, and to support persons receiving those services, while ensuring the safety and quality of care for all patients in a health facility. It is also the intent of the Legislature that the chemical dependency recovery hospital will provide an innovative inpatient treatment with medications, as well as a program for persons who have a dependency on alcohol or drugs, or both alcohol and other drugs. The Legislature further finds and declares that significant cost reductions can be achieved by chemical dependency recovery hospitals when both of the following conditions exist: (1) Architectural requirements established by the department encourage a flexible and open construction approach that significantly reduces capital construction costs and allows for the use of nonfreestanding facilities. (2) Programs are designed to provide comprehensive inpatient treatment while permitting substantial flexibility in the use of qualified personnel to meet the specific needs of the patients of the facility. (c) A separately licensed chemical dependency recovery hospital that is not a part of a general acute care hospital shall have agreements with one or more general acute care hospitals providing for 24-hour emergency service and pharmacy, laboratory, and any other services that the department may require. (d) All beds in a separately licensed chemical dependency recovery hospital shall be designated for chemical dependency recovery services. Chemical dependency recovery beds shall be used exclusively for alcohol or other drug dependency treatment, or both alcohol and other drug dependency treatment. (e) (1) General acute care hospitals and acute psychiatric hospitals may provide chemical dependency recovery services as a supplemental service within the same building, or in a separate building on campus that meets the structural requirements of a freestanding chemical dependency recovery hospital described in the OSHPD 6 requirements of the most recent version of the California Building Code. (2) Chemical dependency recovery services may be provided in a general acute care hospital or acute psychiatric hospital without a distinct part, or outside the hospital’s distinct part, in beds that are licensed for a service other than chemical dependency recovery. A general acute care hospital or acute psychiatric hospital providing chemical dependency recovery services that are not in a distinct part shall do both of the following: (A) Require all staff treating a patient receiving chemical dependency recovery services to have the appropriate competencies for chemical dependency recovery and for other care they provide in the unit in which the patient has been placed, consistent with their role in patient care. (B) Meet the nurse-to-patient staffing ratios for the unit in which the patient has been placed. (3) Chemical dependency recovery services shall comply with the basic services requirements, and optional services requirements if the facility is approved by the department to provide them, for chemical dependency recovery hospitals in Chapter 11 (commencing with Section 79001) of Division 5 of Title 22 of the California Code of Regulations. (4) Chemical dependency recovery services provided pursuant to this subdivision shall not require a separate license. (5) When a general acute care hospital, acute psychiatric hospital, or distinct unit thereof providing chemical dependency recovery services under paragraph (1) meets the definition of a part 2 program, as defined in Section 2.11 of Title 42 of the Code of Federal Regulations, the general acute care hospital, acute psychiatric hospital, or distinct unit thereof shall provide the confidentiality protections required by Part 2 (commencing with Section 2.1) of Subchapter A of Chapter I of Title 42 of the Code of Federal Regulations to the hospital’s or unit’s patients with a substance use disorder. (f) Chemical dependency recovery services may be provided in a freestanding facility, within a hospital building. Notwithstanding any other law, chemical dependency recovery services may be provided within a hospital building that has been removed from general acute care use. (g) Chemical dependency recovery services may be colocated with other services of its parent general acute care hospital or acute psychiatric hospital. (h) A reference in any statute to Section 1250 shall be deemed and construed to also be a reference to this section. (i) Notwithstanding any other law, the department may, without taking any regulatory actions 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 an All Facilities Letter or similar instruction. (Amended by Stats. 2024, Ch. 637, Sec. 1. (AB 2376) Effective January 1, 2025.)
  79. 1250.4.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 1. General [1250 - 1264.1] ( Article 1 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    This section requires correctional health facilities to have a medical director and gives that official powers to investigate and control communicable disease, including testing or examining inmates or wards and, in some cases, treating them.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 1. General [1250 - 1264.1] ( Article 1 added by Stats. 1973, Ch. 1202. ) ## 1250.4. (a) As used in this section: (1) “Department” means the Department of Corrections or the Department of the Youth Authority. (2) “Communicable, contagious, or infectious disease” means any disease that is capable of being transmitted from person to person with or without contact and as established by the State Department of Health Services pursuant to Section 120130, and Section 2500 et seq. of Title 17 of the California Code of Regulations. (3) “Inmate or ward” means any person incarcerated within the jurisdiction of the Department of Corrections or the Department of the Youth Authority, with the exception of a person on parole. (4) “Institution” means any state prison, camp, center, office, or other facility under the jurisdiction of the Department of Corrections or the Department of the Youth Authority. (5) “Medical director,” “chief of medical services,” or “chief medical officer” means the medical officer, acting medical officer, medical director, or the physician designated by the department to act in that capacity, who is responsible for directing the medical treatment programs and medical services for all health services and services supporting the health services provided in the institution. (b) Each health care facility in the Department of Corrections and in the Department of the Youth Authority shall have a medical director in charge of the health care services of that facility who shall be a physician and surgeon licensed to practice in California and who shall be appointed by the directors of the departments. The medical director shall direct the medical treatment programs for all health services and services supporting the health services provided in the facility. (c) The medical director, chief of medical services, chief medical officer, or the physician designated by the department to act in that capacity, shall use every available means to ascertain the existence of, and to immediately investigate, all reported or suspected cases of any communicable, contagious, or infectious disease and to ascertain the source or sources of the infections and prevent the spread of the disease. In carrying out these investigations, the medical director, chief of medical services, chief medical officer, or the physician designated by the department to act in that capacity, is hereby invested with full powers of inspection, examination, and quarantine or isolation of all inmates or wards known to be, or reasonably suspected to be, infected with a communicable, contagious, or infectious disease. (d) The medical director, chief of medical services, chief medical officer, or the physician designated by the department to act in that capacity, shall order an inmate or ward to receive an examination or test, or may order an inmate or ward to receive treatment if the medical director, chief of medical services, chief medical officer, or the physician designated by the department to act in that capacity, has reasonable suspicion that the inmate or ward has, has had, or has been exposed to a communicable, contagious, or infectious disease and the medical director, chief of medical services, chief medical officer, or the physician designated by the department to act in that capacity, has reasonable grounds to believe that it is necessary for the preservation and protection of staff and inmates or wards. (e) Notwithstanding Section 2600 or 2601 of the Penal Code, or any other provision of law, any inmate or ward who refuses to submit to an examination, test, or treatment for any communicable, contagious, or infectious disease or who refuses treatment for any communicable, contagious, or infectious disease, or who, after notice, violates, or refuses or neglects to conform to any rule, order, guideline, or regulation prescribed by the department with regard to communicable disease control shall be tested involuntarily and may be treated involuntarily. This inmate or ward shall be subject to disciplinary action as described in Title 15 of the California Code of Regulations. (f) This section shall not apply to HIV or AIDS. Testing, treatment, counseling, prevention, education, or other procedures dealing with HIV and AIDS shall be conducted as prescribed in Title 8 (commencing with Section 7500) of Part 3 of the Penal Code. (g) This section shall not apply to tuberculosis. Tuberculosis shall be addressed as prescribed in Title 8.7 (commencing with Section 7570) of the Penal Code. (Amended by Stats. 1996, Ch. 1023, Sec. 152. Effective September 29, 1996.)
  80. 1250.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 1. General [1250 - 1264.1] ( Article 1 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    “Council” means the Advisory Health Council.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 1. General [1250 - 1264.1] ( Article 1 added by Stats. 1973, Ch. 1202. ) ## 1250.5. “Council” means the Advisory Health Council. (Added by Stats. 1973, Ch. 1202.)
  81. 1250.6.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 1. General [1250 - 1264.1] ( Article 1 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    In this chapter, any requirement or reference to a corporation also applies to a limited liability company.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 1. General [1250 - 1264.1] ( Article 1 added by Stats. 1973, Ch. 1202. ) ## 1250.6. Any requirement placed upon, or reference to, a corporation in this chapter, shall also apply to a limited liability company. (Added by Stats. 2001, Ch. 685, Sec. 2. Effective January 1, 2002.)
  82. 1250.7.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 1. General [1250 - 1264.1] ( Article 1 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    The department may set criteria to waive conflicting state regulatory requirements for certain critical access hospitals if the public interest is served and patient care will not be harmed.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 1. General [1250 - 1264.1] ( Article 1 added by Stats. 1973, Ch. 1202. ) ## 1250.7. (a) (1) With respect to each hospital designated by the department as a critical access hospital, and certified as such by the Secretary of the United States Department of Health and Human Services under the federal Medicare Rural Hospital Flexibility Program, the department may develop criteria to waive any requirements of Division 5 (commencing with Section 70001) of Title 22 of the California Code of Regulations that are in conflict with the federal requirements for designation in the federal program, if the department finds that it is in the public interest to do so, and the department determines that the waiver would not negatively affect the quality of patient care. (2) The criteria established pursuant to this subdivision shall not be considered regulations within the meaning of Section 11342 of the Government Code, and shall not be subject to adoption as regulations pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (b) Nothing in this section shall be construed to mean that a critical access hospital is not a general acute care hospital. Every hospital designated by the department as a critical access hospital and certified as such by the United States Department of Health and Human Services shall be deemed to be a general acute care hospital, as defined in subdivision (a) of Section 1250, even if the department waives regulatory requirements otherwise applicable to general acute care hospitals pursuant to this section. (Added by Stats. 2002, Ch. 752, Sec. 2. Effective January 1, 2003.)
  83. 1250.8.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 1. General [1250 - 1264.1] ( Article 1 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    This section requires the department to issue a single consolidated license in qualifying cases, and limits when licensed hospitals may transfer services or beds between facilities.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 1. General [1250 - 1264.1] ( Article 1 added by Stats. 1973, Ch. 1202. ) ## 1250.8. (a) Notwithstanding subdivision (a) of Section 127170, the department, upon application of a general acute care hospital that meets all the criteria of subdivision (b), and other applicable requirements of licensure, shall issue a single consolidated license to a general acute care hospital that includes more than one physical plant maintained and operated on separate premises or that has multiple licenses for a single health facility on the same premises. A single consolidated license shall not be issued where the separate freestanding physical plant is a skilled nursing facility or an intermediate care facility, whether or not the location of the skilled nursing facility or intermediate care facility is contiguous to the general acute care hospital unless the hospital is exempt from the requirements of subdivision (b) of Section 1254, or the facility is part of the physical structure licensed to provide acute care. (b) The issuance of a single consolidated license shall be based on the following criteria: (1) There is a single governing body for all the facilities maintained and operated by the licensee. (2) There is a single administration for all the facilities maintained and operated by the licensee. (3) There is a single medical staff for all the facilities maintained and operated by the licensee, with a single set of bylaws, rules, and regulations, which prescribe a single committee structure. (4) Except as provided otherwise in this paragraph, the physical plants maintained and operated by the licensee which are to be covered by the single consolidated license are located not more than 15 miles apart. If an applicant provides evidence satisfactory to the department that it can comply with all requirements of licensure and provide quality care and adequate administrative and professional supervision, the director may issue a single consolidated license to a general acute care hospital that operates two or more physical plants located more than 15 miles apart under any of the following circumstances: (A) One or more of the physical plants is located in a rural area, as defined by regulations of the director. (B) One or more of the physical plants provides only outpatient services, as defined by the department. (C) If Section 14105.986 of the Welfare and Institutions Code is implemented and the applicant meets all of the following criteria: (i) The applicant is a nonprofit corporation. (ii) The applicant is a children’s hospital listed in Section 10727 of the Welfare and Institutions Code. (iii) The applicant is affiliated with a major university medical school and located adjacent thereto. (iv) The applicant operates a regional tertiary care facility. (v) One of the physical plants is located in a county that has a consolidated and county government structure. (vi) One of the physical plants is located in a county having a population between 1,000,000 and 2,000,000. (vii) The applicant is located in a city with a population between 50,000 and 100,000. (c) In issuing the single consolidated license, the state department shall specify the location of each supplemental service and the location of the number and category of beds provided by the licensee. The single consolidated license shall be renewed annually. (d) To the extent required by Chapter 1 (commencing with Section127125) of Part 2 of Division 107, a general acute care hospital that has been issued a single consolidated license: (1) Shall not transfer from one facility to another a special service described in Section 1255 without first obtaining a certificate of need. (2) Shall not transfer, in whole or in part, from one facility to another, a supplemental service, as defined in regulations of the director pursuant to this chapter, without first obtaining a certificate of need, unless the licensee, 30 days prior to the relocation, notifies the Office of Statewide Health Planning and Development, the applicable health systems agency, and the state department of the licensee’s intent to relocate the supplemental service, and includes with this notice a cost estimate, certified by a person qualified by experience or training to render the estimates, which estimates that the cost of the transfer will not exceed the capital expenditure threshold established by the Office of Statewide Health Planning and Development pursuant to Section 127170. (3) Shall not transfer beds from one facility to another facility, without first obtaining a certificate of need unless, 30 days prior to the relocation, the licensee notifies the Office of Statewide Health Planning and Development, the applicable health systems agency, and the state department of the licensee’s intent to relocate health facility beds, and includes with this notice both of the following: (A) A cost estimate, certified by a person qualified by experience or training to render the estimates, which estimates that the cost of the relocation will not exceed the capital expenditure threshold established by the Office of Statewide Health Planning and Development pursuant to Section 127170. (B) The identification of the number, classification, and location of the health facility beds in the transferor facility and the proposed number, classification, and location of the health facility beds in the transferee facility. Except as otherwise permitted in Chapter 1 (commencing with Section 127125) of Part 2 of Division 107, or as authorized in an approved certificate of need pursuant to that chapter, health facility beds transferred pursuant to this section shall be used in the transferee facility in the same bed classification as defined in Section 1250.1, as the beds were classified in the transferor facility. Health facility beds transferred pursuant to this section shall not be transferred back to the transferor facility for two years from the date of the transfer, regardless of cost, without first obtaining a certificate of need pursuant to Chapter 1 (commencing with Section 127125) of Part 2 of Division 107. (e) Transfers pursuant to subdivision (d) shall satisfy all applicable requirements of licensure and shall be subject to the written approval, if required, of the state department. The state department may adopt regulations that are necessary to implement this section. These regulations may include a requirement that each facility of a health facility subject to a single consolidated license have an onsite full-time or part-time administrator. (f) As used in this section, “facility” means a physical plant operated or maintained by a health facility subject to a single, consolidated license issued pursuant to this section. (g) For purposes of selective provider contracts negotiated under the Medi-Cal program, the treatment of a health facility with a single consolidated license issued pursuant to this section shall be subject to negotiation between the health facility and the California Medical Assistance Commission. A general acute care hospital that is issued a single consolidated license pursuant to this section may, at its option, be enrolled in the Medi-Cal program as a single business address or as separate business addresses for one or more of the facilities subject to the single consolidated license. Irrespective of whether the general acute care hospital is enrolled at one or more business addresses, the department may require the hospital to file separate cost reports for each facility pursuant to Section 14170 of the Welfare and Institutions Code. (h) For purposes of the Annual Report of Hospitals required by regulations adopted by the state department pursuant to this part, the state department and the Office of Statewide Health Planning and Development may require reporting of bed and service utilization data separately by each facility of a general acute care hospital issued a single consolidated license pursuant to this section. (i) The amendments made to this section during the 1985–86 Regular Session of the Legislature pertaining to the issuance of a single consolidated license to a general acute care hospital in the case where the separate physical plant is a skilled nursing facility or intermediate care facility shall not apply to the following facilities: (1) A facility that obtained a certificate of need after August 1, 1984, and prior to February 14, 1985, as described in this subdivision. The certificate of need shall be for the construction of a skilled nursing facility or intermediate care facility that is the same facility for which the hospital applies for a single consolidated license, pursuant to subdivision (a). (2) A facility for which a single consolidated license has been issued pursuant to subdivision (a), as described in this subdivision, prior to the effective date of the amendments made to this section during the 1985–86 Regular Session of the Legislature. A facility that has been issued a single consolidated license pursuant to subdivision (a), as described in this subdivision, shall be granted renewal licenses based upon the same criteria used for the initial consolidated license. (j) If the state department issues a single consolidated license pursuant to this section, the state department may take any action authorized by this chapter, including, but not limited to, any action specified in Article 5 (commencing with Section 1294), with respect to a facility, or a service provided in a facility, that is included in the consolidated license. (k) The eligibility for participation in the Medi-Cal program (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code) of a facility that is included in a consolidated license issued pursuant to this section, provides outpatient services, and is located more than 15 miles from the health facility issued the consolidated license shall be subject to a determination of eligibility by the state department. This subdivision shall not apply to a facility that is located in a rural area and is included in a consolidated license issued pursuant to subparagraphs (A), (B), and (C) of paragraph (4) of subdivision (b). Regardless of whether a facility has received or not received a determination of eligibility pursuant to this subdivision, this subdivision shall not affect the ability of a licensed professional, providing services covered by the Medi-Cal program to a person eligible for Medi-Cal in a facility subject to a determination of eligibility pursuant to this subdivision, to bill the Medi-Cal program for those services provided in accordance with applicable regulations. (l) Notwithstanding any other provision of law, the director may issue a single consolidated license for a general acute care hospital to Children’s Hospital Oakland and San Ramon Regional Medical Center. (m) Notwithstanding any other provision of law, the director may issue a single consolidated license for a general acute care hospital to Children’s Hospital Oakland and the John Muir Medical Center, Concord Campus. (n) (1) To the extent permitted by federal law, payments made to Children’s Hospital Oakland pursuant to Section 14166.11 of the Welfare and Institutions Code shall be adjusted as follows: (A) The number of Medi-Cal payment days and net revenues calculated for the John Muir Medical Center, Concord Campus under the consolidated license shall not be used for eligibility purposes for the private hospital disproportionate share hospital replacement funds for Children’s Hospital Oakland. (B) The number of Medi-Cal payment days calculated for hospital beds located at John Muir Medical Center, Concord Campus that are included in the consolidated license beginning in the 2007–08 fiscal year shall only be used for purposes of calculating disproportionate share hospital payments authorized under Section 14166.11 of the Welfare and Institutions Code at Children’s Hospital Oakland to the extent that the inclusion of those days does not exceed the total Medi-Cal payment days used to calculate Children’s Hospital Oakland payments for the 2006–07 fiscal year disproportionate share replacement. (2) This subdivision shall become inoperative in the event that the two facilities covered under the consolidated license described in subdivision (a) are located within a 15-mile radius of each other. (Amended by Stats. 2008, Ch. 179, Sec. 136. Effective January 1, 2009.)
  84. 12500.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    This section says Part 2 may be cited as the State Fireworks Law.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. ) ## 12500. This part shall be known and may be cited as the State Fireworks Law. (Repealed and added by Stats. 1973, Ch. 1109.)
  85. 125000.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Newborn Screening [125000 - 125002] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    California requires a newborn genetic screening program, with the department setting up a genetic disease unit, fees, and related testing and counseling 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 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Newborn Screening [125000 - 125002] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125000. (a) It is the policy of the State of California to make every effort to detect, as early as possible, phenylketonuria and other preventable heritable or congenital disorders leading to intellectual disability or physical defects. The department shall establish a genetic disease unit, that shall coordinate all programs of the department in the area of genetic disease. The unit shall promote a statewide program of information, testing, and counseling services and shall have the responsibility of designating tests and regulations to be used in executing this program. The information, tests, and counseling for children shall be in accordance with accepted medical practices and shall be administered to each child born in California once the department has established appropriate regulations and testing methods. The information, tests, and counseling for pregnant women shall be in accordance with accepted medical practices and shall be offered to each pregnant woman in California once the department has established appropriate regulations and testing methods. These regulations shall follow the standards and principles specified in Section 124980. The department may provide laboratory testing facilities or contract with any laboratory that it deems qualified to conduct tests required under this section. However, notwithstanding former Section 125005, provision of laboratory testing facilities by the department shall be contingent upon the provision of funding therefor by specific appropriation to the Genetic Disease Testing Fund enacted by the Legislature. If moneys appropriated for purposes of this section are not authorized for expenditure to provide laboratory facilities, the department may nevertheless contract to provide laboratory testing services pursuant to this section and shall perform laboratory services, including, but not limited to, quality control, confirmatory, and emergency testing, necessary to ensure the objectives of this program. (b) The department shall charge a fee for any tests performed pursuant to this section. The amount of the fee shall be established and periodically adjusted by the director in order to meet the costs of this section. (c) The department shall inform all hospitals or physicians and surgeons, or both, of required regulations and tests and may alter or withdraw any of these requirements whenever sound medical practice so indicates. To the extent practicable, the department shall provide notice to hospitals and other payers in advance of an increase in the fees charged for the program. (d) This section shall not apply if a parent or guardian of the newborn child objects to a test on the ground that the test conflicts with his or her religious beliefs or practices. (e) The genetic disease unit is authorized to make grants or contracts or payments to vendors approved by the department for all of the following: (1) Testing and counseling services. (2) Demonstration projects to determine the desirability and feasibility of additional tests or new genetic services. (3) To initiate the development of genetic services in areas of need. (4) To purchase or provide genetic services from any sums as are appropriated for this purpose. (f) The genetic disease unit shall evaluate and prepare recommendations on the implementation of tests for the detection of hereditary and congenital diseases, including, but not limited to, biotinidase deficiency and cystic fibrosis. The genetic disease unit shall also evaluate and prepare recommendations on the availability and effectiveness of preventative followup interventions, including the use of specialized medically necessary dietary products. It is the intent of the Legislature that funds for the support of the evaluations and recommendations required pursuant to this subdivision, and for the activities authorized pursuant to subdivision (e), shall be provided in the annual Budget Act appropriation from the Genetic Disease Testing Fund. (g) Health care providers that contract with a prepaid group practice health care service plan that annually has at least 20,000 births among its membership, may provide, without contracting with the department, any or all of the testing and counseling services required to be provided under this section or the regulations adopted pursuant thereto, if the services meet the quality standards and adhere to the regulations established by the department and the plan pays that portion of a fee established under this section that is directly attributable to the department’s cost of administering the testing or counseling service and to any required testing or counseling services provided by the state for plan members. The payment by the plan, as provided in this subdivision, shall be deemed to fulfill any obligation the provider or the provider’s patient may have to the department to pay a fee in connection with the testing or counseling service. (h) The department may appoint experts in the area of genetic screening, including, but not limited to, cytogenetics, molecular biology, prenatal, specimen collection, and ultrasound to provide expert advice and opinion on the interpretation and enforcement of regulations adopted pursuant to this section. These experts shall be designated agents of the state with respect to their assignments. These experts shall receive no salary, but shall be reimbursed for expenses associated with the purposes of this section. All expenses of the experts for the purposes of this section shall be paid from the Genetic Disease Testing Fund. (Amended by Stats. 2012, Ch. 457, Sec. 33. (SB 1381) Effective January 1, 2013.)
  86. 125001.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Newborn Screening [125000 - 125002] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department must run and expand a newborn genetic screening program, provide follow-up services and information, and use temporary laboratory arrangements if 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 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Newborn Screening [125000 - 125002] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125001. (a) The department shall establish a program for the development, provision, and evaluation of genetic disease testing, and may provide laboratory testing facilities or make grants to, contract with, or make payments to, any laboratory that it deems qualified and cost effective to conduct testing or with any metabolic specialty clinic to provide necessary treatment with qualified specialists. The program shall provide genetic screening and followup services for persons who have the screening. (b) The department shall expand statewide screening of newborns to include tandem mass spectrometry screening for fatty acid oxidation, amino acid, organic acid disorders, and congenital adrenal hyperplasia as soon as possible. The department shall provide information with respect to these disorders and available testing resources to all women receiving prenatal care and to all women admitted to a hospital for delivery. If the department is unable to provide this statewide screening by August 1, 2005, the department shall temporarily obtain these testing services through a competitive bid process from one or more public or private laboratories that meet the department’s requirements for testing, quality assurance, and reporting. If the department determines that contracting for these services is more cost effective, and meets the other requirements of this chapter, than purchasing the tandem mass spectrometry equipment themselves, the department shall contract with one or more public or private laboratories. (c) The department shall expand statewide screening of newborns to include screening for severe combined immunodeficiency (SCID) as soon as possible. In implementing the SCID screening test, the department shall also screen for other T-cell lymphopenias that are detectable as a result of screening for SCID, insofar as it does not require additional costs or equipment beyond that needed to test for SCID. (d) The department shall expand statewide screening of newborns to include screening for adrenoleukodystrophy (ALD) and any other disease that is detectable in blood samples as soon as practicable, but no later than two years after the disease is adopted by the federal Recommended Uniform Screening Panel (RUSP), or enrollment of the act amending this subdivision, whichever is later. (Amended by Stats. 2016, Ch. 393, Sec. 2. (SB 1095) Effective January 1, 2017.)
  87. 125002.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Newborn Screening [125000 - 125002] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    This section lets approved researchers access stored pregnancy blood samples for specified research purposes, but only if stated consent and review requirements are met, and the department later adopts release 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 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Newborn Screening [125000 - 125002] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125002. (a) In order to align closely related programs and in order to facilitate research into the causes of, and treatment for, birth defects, the Birth Defects Monitoring Program provided for pursuant to Chapter 1 (commencing with Section 103825) of Part 2 of Division 102 shall become part of the Maternal, Child, and Adolescent Health program provided for in Article 1 (commencing with Section 123225) of Chapter 1 of Part 2 of Division 106. (b) It is the intent of the Legislature that pregnancy blood samples, taken for prenatal screening, shall be stored and made available to any researcher who is approved by the department for the following purposes: (1) Research to identify risk factors for children’s and women’s diseases. (2) Research to develop and evaluate screening tests. (3) Research to develop and evaluate prevention strategies. (4) Research to develop and evaluate treatments. (c) Before any pregnancy blood samples are released for research purposes, all of the following conditions must be met: (1) Individual consent at the time the sample is drawn to allow confidential use of the sample for research purposes by the department or the department’s approved researchers. (2) Protocol review for scientific merit by the department or another entity authorized by the department. (3) Protocol review by the State Committee for the Protection of Human Subjects. (d) Since the pregnancy blood samples described in this section will be stored by the California Birth Defects Monitoring Program or another entity authorized by the department, the storage, analysis, and sharing of pregnancy blood samples for research purposes shall be done in compliance with Section 103850, pertaining to confidentiality of information. (e) The department shall adopt regulations specifying the protocols and conditions under which blood samples will be released for research purposes, in accordance with the procedures set forth in subdivision (d) of Section 124977. (f) Until such time that regulations are adopted by the department pursuant to subdivision (e), the Genetic Disease Screening Program and the Birth Defects Monitoring Program shall release blood samples to only those researchers who meet the requirements of this section, including all of the following: (1) The research project was approved by the State Committee for the Protection of Human Subjects. (2) The research project’s protocol was approved by the State Committee for the Protection of Human Subjects, and specifically included a description of the number and type of blood samples requested from the Genetic Disease Screening Program or the Maternal, Child, and Adolescent Health Program, including the Birth Defects Monitoring Program for the project. (3) There is written documentation that the Genetic Disease Screening Program or the Maternal, Child, and Adolescent Health Program, including the Birth Defects Monitoring Program, approved a request for the blood samples for the research project approved by the State Committee for the Protection of Human Subjects. (4) The researcher has agreed to pay fees to the department to pay reasonable costs for processing the samples and information, including, but not limited to, costs of data management, including data linkage and entry, and costs of blood collection, storage, retrieval, inventory, and shipping. (g) Subdivision (f) shall become inoperative on the date that the department adopts regulations specifying the protocols and conditions for release of the blood samples for research purposes. (Amended by Stats. 2008, Ch. 680, Sec. 3. Effective January 1, 2009.)
  88. 12501.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    The chapter’s definitions control how this part is read, unless the context requires otherwise.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. ) ## 12501. Unless the context otherwise requires, the definitions in this chapter govern the construction of this part. (Repealed and added by Stats. 1973, Ch. 1109.)
  89. 125010.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.5. California Biobank Program [125010 - 125012] ( Article 2.5 added by Stats. 2024, Ch. 598, Sec. 3. )

    Verify source ↗

    The State Department of Public Health must generate an annual report starting July 1, 2026.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.5. California Biobank Program [125010 - 125012] ( Article 2.5 added by Stats. 2024, Ch. 598, Sec. 3. ) ## 125010. Commencing July 1, 2026, and each July 1 thereafter, the State Department of Public Health shall generate a report that includes each of the following: (a) The total number of any residual screening specimens stored by the California Biobank Program. (b) The number of new residual screening specimens collected during the previous calendar year. (c) The number of inheritable conditions identified by the original screening tests during the previous calendar year. (d) The number of projects utilizing specimens from the California Biobank Program. (e) The number of published research studies where biospecimens from the California Biobank Program were used or referenced and the potential public health benefits from the research. (f) The number of specimens provided by the California Biobank Program for each research project. (g) The number of screening tests waived for religious purposes during the previous calendar year. (h) The number of residual screening specimens destroyed at the request of a parent or adult during the previous calendar year. (i) The number of residual screening samples remaining to be destroyed at the request of a parent or adult during the previous calendar year. (Added by Stats. 2024, Ch. 598, Sec. 3. (SB 1099) Effective January 1, 2025.)
  90. 125011.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.5. California Biobank Program [125010 - 125012] ( Article 2.5 added by Stats. 2024, Ch. 598, Sec. 3. )

    Verify source ↗

    The department must send the article’s report to the Legislature every July 1 starting July 1, 2026, until five annual reports have been provided, and it must keep the annual report posted on its 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 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.5. California Biobank Program [125010 - 125012] ( Article 2.5 added by Stats. 2024, Ch. 598, Sec. 3. ) ## 125011. Commencing July 1, 2026, and each July 1 thereafter, a report generated pursuant to this article shall be provided to the Legislature until the department has provided five annual reports and that report shall be made available to the public on the department’s internet website. The department shall continue to post the annual report to its internet website after the fifth annual report has been provided to the Legislature. (Added by Stats. 2024, Ch. 598, Sec. 3. (SB 1099) Effective January 1, 2025.)
  91. 125012.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.5. California Biobank Program [125010 - 125012] ( Article 2.5 added by Stats. 2024, Ch. 598, Sec. 3. )

    Verify source ↗

    Reports to the Legislature under this article must comply with Government Code Section 9795.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2.5. California Biobank Program [125010 - 125012] ( Article 2.5 added by Stats. 2024, Ch. 598, Sec. 3. ) ## 125012. A report submitted to the Legislature pursuant to this article shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2024, Ch. 598, Sec. 3. (SB 1099) Effective January 1, 2025.)
  92. 12502.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    This section defines “advertise” for fireworks and pyrotechnic devices.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. ) ## 12502. “Advertise” means an announcement publicly with any sign, card, or notice, or by any other means, on which appears a person’s name or business name style offering to sell or transfer fireworks or pyrotechnic devices, or to cause a person’s name or business name style to be included in any classified advertisement or directory for the purpose of the sale or transfer of fireworks or pyrotechnic devices. (Repealed and added by Stats. 1973, Ch. 1109.)
  93. 125025.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Sickle Cell Anemia [125025 - 125035] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    California policy says the state should try to detect sickle cell anemia early, and the department must designate tests and regulations for that policy.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Sickle Cell Anemia [125025 - 125035] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125025. It is the policy of the State of California to make every effort to detect, as early as possible, sickle cell anemia, a heritable disorder that leads to physical defects. The department shall have the responsibility of designating tests and regulations to be used in executing this policy. These tests shall be in accordance with accepted medical practices. Testing for sickle cell anemia may be conducted at the following times: (a) Upon first enrollment of a child at an elementary school in this state, the child may be tested. (b) For any child not tested pursuant to subdivision (a), upon first enrollment at a junior high school or senior high school in this state, as the case may be, the child may be tested. (c) Upon application of any person for a license to marry, the parties seeking to be married may be tested. (d) At any other times that the department may designate. This section shall not apply if a parent or guardian of a minor child sought to be tested or any adult sought to be tested objects to the test on the ground that the test conflicts with his or her religious beliefs or practices. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  94. 12503.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    This section defines “agricultural and wildlife fireworks” as fireworks made by the manufacturer for preventing crop damage or unwanted occupancy by animals or birds using sound or light, or both.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. ) ## 12503. “Agricultural and wildlife fireworks” means fireworks designed and intended by the manufacturer to be used to prevent damage to crops or unwanted occupancy of areas by animals or birds through the employment of sound or light, or both. (Repealed and added by Stats. 1973, Ch. 1109.)
  95. 125030.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Sickle Cell Anemia [125025 - 125035] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department may require sickle cell anemia testing for identifiable population segments that it determines are disproportionately susceptible.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Sickle Cell Anemia [125025 - 125035] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125030. The department may require that a test be given for sickle cell anemia pursuant to Section 125025 to any identifiable segment of the population that the department determines is susceptible to sickle cell anemia at a disproportionately higher ratio than is the balance of the population. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  96. 125035.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Sickle Cell Anemia [125025 - 125035] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department may make grants or contracts for sickle cell anemia demonstration projects, counseling, training, and research.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Sickle Cell Anemia [125025 - 125035] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125035. The department is authorized to make grants or contracts for demonstration projects to determine the feasibility of alternate methods of testing for sickle cell anemia, to provide counseling services, to evaluate the social consequences of the identification of sickle cell trait carriers, to provide training in genetic counseling, and to conduct research on the prevention of sickle cell anemia. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  97. 12504.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    ‘Flammable liquid’ means a liquid with a flashpoint of 100 degrees Fahrenheit or less when tested under the stated ASTM standard.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. ) ## 12504. “Flammable liquid” means any liquid whose flashpoint is 100 degrees Fahrenheit, or less, when tested pursuant to Standard D56-70 of the American Society for Testing and Materials. (Amended by Stats. 1978, Ch. 868.)
  98. 12505.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    This section defines “dangerous fireworks” by listing specific explosive and pyrotechnic items, plus some chemical composition and size limits.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. ) ## 12505. “Dangerous fireworks” includes all of the following: (a) Any fireworks which contain any of the following: (1) Arsenic sulfide, arsenates, or arsenites. (2) Boron. (3) Chlorates, except: (A) In colored smoke mixture in which an equal or greater amount of sodium bicarbonate is included. (B) In caps and party poppers. (C) In those small items (such as ground spinners) wherein the total powder content does not exceed 4 grams of which not greater than 15 percent (or 600 milligrams) is potassium, sodium, or barium chlorate. (4) Gallates or Gallic acid. (5) Magnesium (magnesium-aluminum alloys, called magnalium, are permitted). (6) Mercury salts. (7) Phosphorous (red or white except that red phosphorus is permissible in caps and party poppers). (8) Picrates or picric acid. (9) Thiocyanates. (10) Titanium, except in particle size greater than 100-mesh. (11) Zirconium. (b) Firecrackers. (c) Skyrockets and rockets, including all devices which employ any combustible or explosive material and which rise in the air during discharge. (d) Roman candles, including all devices which discharge balls of fire into the air. (e) Chasers, including all devices which dart or travel about the surface of the ground during discharge. (f) Sparklers more than 10 inches in length or one-fourth of one inch in diameter. (g) All fireworks designed and intended by the manufacturer to create the element of surprise upon the user. These items include, but are not limited to, auto-foolers, cigarette loads, exploding golf balls, and trick matches. (h) Fireworks known as devil-on-the-walk, or any other firework which explodes through means of friction, unless otherwise classified by the State Fire Marshal pursuant to this part. (i) Torpedoes of all kinds which explode on impact. (j) Fireworks kits. (k) Such other fireworks examined and tested by the State Fire Marshal and determined by him, with the advice of the State Board of Fire Services, to possess characteristics of design or construction which make such fireworks unsafe for use by any person not specially qualified or trained in the use of fireworks. (Amended by Stats. 1977, Ch. 513.)
  99. 125050.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Prenatal Testing [125050 - 125119.5] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department must run a statewide prenatal testing program for genetic disorders and birth defects.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Prenatal Testing [125050 - 125119.5] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125050. The department shall administer a statewide program for the prenatal testing for genetic disorders and birth defects, including, but not limited to, ultrasound, amniocentesis, chorionic villus sampling, and blood testing for genetic disorders and birth defects. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  100. 125055.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Prenatal Testing [125050 - 125119.5] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department must set prenatal testing eligibility criteria, run education and counseling-related programs, designate centers, administer subsidy grants, establish rules, expand screening, and report to the Legislature. It may also modify educational language and adopt emergency 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 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Prenatal Testing [125050 - 125119.5] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125055. The department shall: (a) Establish criteria for eligibility for the prenatal testing program. Eligibility shall include definition of conditions and circumstances that result in a high risk of a detectable genetic disorder or birth defect. (b) (1) Develop an education program designed to educate physicians and surgeons and the public concerning the uses of prenatal testing and the availability of the program. (2) (A) Include information regarding environmental health in the California Prenatal Screening Program patient educational information. This environmental health information shall include the following statement: “We encounter chemicals and other substances in everyday life that may affect your developing fetus. Fortunately, there are steps you can take to reduce your exposure to these potentially harmful substances at home, in the workplace, and in the environment. Many Californians are unaware that a number of everyday consumer products may pose potential harm. Prospective parents should talk to their doctor and are encouraged to read more about this topic to learn about simple actions to promote a healthy pregnancy.” (B) The department shall include in the patient educational information links to educational materials derived from peer-reviewed materials based on the best available evidence relating to environmental health and reproductive toxins. (C) The department shall post the environmental health information described in subparagraphs (A) and (B) on its Internet Web site. (D) The department shall send a notice to all distributors of the patient educational information informing them of the change to that information. In the notice, the department shall encourage obstetrician-gynecologists and midwives to discuss environmental health with their patients and to direct their patients to the appropriate page or pages in the patient educational information to provide their patients with additional information. (E) In order to minimize costs, the environmental health information described in this paragraph shall be included when the patient educational information is otherwise revised and reprinted. (F) The department may modify the language in the patient educational information after consultation with medical and scientific experts in the field of environmental health and reproductive toxins. (c) Ensure that genetic counseling be given in conjunction with prenatal testing at the approved prenatal diagnosis centers. (d) Designate sufficient prenatal diagnosis centers to meet the need for these services. Prenatal diagnosis centers shall have equipment and staff trained and capable of providing genetic counseling and performing prenatal diagnostic procedures and tests, including the interpretation of the results of the procedures and tests. (e) Administer a program of subsidy grants for approved nonprofit prenatal diagnosis centers. The subsidy grants shall be awarded based on the reported number of low-income women referred to the center, the number of prenatal diagnoses performed in the previous year at that center, and the estimated size of unmet need for prenatal diagnostic procedures and tests in its service area. This subsidy shall be in addition to fees collected under other state programs. (f) Establish any rules, regulations, and standards for prenatal diagnostic testing and the allocation of subsidies as the director deems necessary to promote and protect the public health and safety and to implement the Hereditary Disorders Act (Section 27). (g) (1) The department shall expand prenatal screening to include all tests that meet or exceed the current standard of care as recommended by nationally recognized medical or genetic organizations, including, but not limited to, inhibin. (2) The prenatal screening fee increase for expanding prenatal screening to include those tests described in paragraph (1) is forty dollars ($40). (3) The department shall report to the Legislature regarding the progress of the program with regard to implementing prenatal screening for those tests described in paragraph (1) on or before July 1, 2007. The report shall include the costs of screening, followup, and treatment as compared to costs and morbidity averted by this testing under the program. (4) (A) The expenditure of funds from the Genetic Disease Testing Fund for the expansion of the Genetic Disease Branch Screening Information System to include the expansion of prenatal screenings, pursuant to paragraph (1), may be implemented through the amendment of the Genetic Disease Branch Screening Information System contracts, and shall not be subject to Chapter 2 (commencing with Section 10290) or Chapter 3 (commencing with Section 12100) of Part 2 of Division 2 of the Public Contract Code, Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, or Sections 4800 to 5180, inclusive, of the State Administrative Manual as they relate to approval of information technology projects or approval of increases in the duration or costs of information technology projects. This paragraph shall apply to the design, development, and implementation of the expansion, and to the maintenance and operation of the Genetic Disease Branch Screening Information System, including change requests, once the expansion is implemented. (B) (i) The department may adopt emergency regulations to implement and make specific the amendments to this section made during the 2006 portion of the 2005–06 Regular Session in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. For the purposes of the Administrative Procedure Act, the adoption of regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, these emergency regulations shall not be subject to the review and approval of the Office of Administrative Law. Notwithstanding Sections 11346.1 and 11349.6 of the Government Code, the department shall submit these regulations directly to the Secretary of State for filing. The regulations shall become effective immediately upon filing by the Secretary of State. Regulations shall be subject to public hearing within 120 days of filing with the Secretary of State and shall comply with Sections 11346.8 and 11346.9 of the Government Code or shall be repealed. (ii) The Office of Administrative Law shall provide for the printing and publication of these regulations in the California Code of Regulations. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the regulations adopted pursuant to this chapter shall not be repealed by the Office of Administrative Law and shall remain in effect until revised or repealed by the department. (Amended by Stats. 2013, Ch. 667, Sec. 1. (SB 460) Effective January 1, 2014.)
  101. 12506.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    This section defines “emergency signaling device” as a pyrotechnic device meeting specified safety and fire-hazard conditions.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. ) ## 12506. “Emergency signaling device” means a pyrotechnic device designed and intended by the manufacturer to be used as such and which provides a reasonable degree of safety to the user and does not create a fire hazard when used according to the label of instructions. (Repealed and added by Stats. 1973, Ch. 1109.)
  102. 125060.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Prenatal Testing [125050 - 125119.5] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    Participation in the prenatal testing program is voluntary.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Prenatal Testing [125050 - 125119.5] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125060. The participation by any individual in the prenatal testing program shall be wholly voluntary and shall not be a prerequisite to eligibility for, or receipt of, any other service or assistance from, or to participation in, any other program. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  103. 125065.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Prenatal Testing [125050 - 125119.5] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    Prenatal diagnosis centers must meet department standards and accept patients from state-funded or state-administered programs to qualify for reimbursement.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Prenatal Testing [125050 - 125119.5] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125065. All prenatal diagnosis centers shall meet standards developed by the department and shall agree to accept patients from state funded or administered programs, including, but not limited to, Medi-Cal, Regional Centers, Maternal and Child Health, California Children’s Services, Genetically Handicapped Persons Program, and Family Planning. Only prenatal diagnosis centers meeting standards developed by the department shall be eligible for reimbursement under these state programs. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  104. 12507.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    This section defines “end fuse” as a fuse inserted into fireworks or a pyrotechnic device at the end, rather than from the side.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. ) ## 12507. “End fuse” means a fuse inserted into any fireworks or pyrotechnic device at the end as distinguished from the side of such item. (Repealed and added by Stats. 1973, Ch. 1109.)
  105. 125070.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Prenatal Testing [125050 - 125119.5] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    Licensed laboratories may not offer the maternal serum-alpha fetoprotein screening test for prenatal detection of neural tube defects until the department has developed regulations, but labs already providing the test as of July 21, 1983 may continue until the regulations take 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 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Prenatal Testing [125050 - 125119.5] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125070. Laboratories licensed by the department shall not offer the maternal serum-alpha fetoprotein screening test for prenatal detection of neural tube defects of the fetus until the department has developed regulations, under the authorization granted by Section 124980. However, laboratories providing this testing, as of July 21, 1983, may continue to provide this testing until these regulations become operative. The department shall adopt regulations pursuant to this section. (Amended by Stats. 1998, Ch. 310, Sec. 26. Effective August 19, 1998.)
  106. 12508.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    This section defines “exempt fireworks” as certain pyrotechnic items limited to industrial, commercial, agricultural, or religious use when authorized by permit.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. ) ## 12508. “Exempt fireworks” means any special item containing pyrotechnic compositions which the State Fire Marshal, with the advice of the State Fire Advisory Board, has investigated and determined to be limited to industrial, commercial, agricultural use, or religious ceremonies when authorized by a permit granted by the authority having jurisdiction. (Repealed and added by Stats. 1973, Ch. 1109.)
  107. 125080.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Prenatal Testing [125050 - 125119.5] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    A pregnant woman’s prenatal-care provider or delivery attendant must obtain a blood specimen, tell the woman before taking it, and if it was not taken before delivery, take it at delivery.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Prenatal Testing [125050 - 125119.5] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125080. A licensed physician and surgeon or other person engaged in the prenatal care of a pregnant woman or attending the woman at the time of delivery shall obtain or cause to be obtained a blood specimen of the woman. Prior to obtaining the blood specimen, the woman shall be notified of the fact that the blood specimen is going to be obtained. If the blood specimen is not obtained prior to delivery, it shall be obtained at the time of delivery. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  108. 125085.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Prenatal Testing [125050 - 125119.5] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    During prenatal care, blood specimens must be sent to a licensed or approved laboratory for Rh typing and hepatitis B surface antigen/HIV testing, and the results must be reported to the relevant clinician, the woman tested, and, for positive results, the local health officer.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Prenatal Testing [125050 - 125119.5] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125085. (a) As early as possible during prenatal care, a blood specimen obtained pursuant to Section 125080 shall be submitted to a clinical laboratory licensed by the department or to an approved public health laboratory for a determination of rhesus (Rh) blood type and the results shall be reported to both of the following: (1) The physician and surgeon or other person engaged in the prenatal care of the woman or attending the woman at the time of delivery. (2) The woman tested. (b) (1) In addition, as early as possible during prenatal care, a blood specimen obtained pursuant to Section 125080 shall be submitted to a clinical laboratory licensed by the department or to an approved public health laboratory for a test to determine the presence of hepatitis B surface antigen and the human immunodeficiency virus (HIV), and the results shall be reported to both of the following: (A) The physician and surgeon or other person engaged in the prenatal care of the women or attending the woman at the time of delivery who ordered the test, and who shall subsequently inform the woman tested. (B) A positive test result shall be reported to the local health officer, with the information required and within the timeframes established by the department, pursuant to Chapter 4 (commencing with Section 2500) of Title 17 of the California Code of Regulations. (2) In the event that other tests to determine hepatitis B infection or HIV infection become available, the department may approve additional tests. (Amended by Stats. 2003, Ch. 749, Sec. 2. Effective January 1, 2004.)
  109. 12509.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    “Exporter” means a person who sells, consigns, or delivers fireworks in this state for delivery, use, or sale outside the state.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. ) ## 12509. “Exporter” means any person who sells, consigns, or delivers fireworks located within this state for delivery, use, or sale out of this state. (Repealed and added by Stats. 1973, Ch. 1109.)
  110. 125090.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Prenatal Testing [125050 - 125119.5] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    Pregnancy care providers must inform the woman before HIV testing, obtain missing prenatal blood tests when records lack them, report results to the provider and the woman, and provide counseling; the section also limits disclosure of HIV status and gives the woman a right to decline testing.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Prenatal Testing [125050 - 125119.5] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125090. (a) Subdivision (a) of Section 125085 shall not be applicable if the licensed physician and surgeon or other person engaged in the prenatal care of a pregnant woman or attending the woman at the time of delivery has knowledge of the woman’s blood type and accepts responsibility for the accuracy of the information. (b) Subdivision (b) of Section 125085 shall not be applicable if the licensed physician and surgeon or other person engaged in the prenatal care of a pregnant woman or attending the woman at the time of delivery has knowledge that the woman has previously been determined to be chronically infected with hepatitis B or human immunodeficiency virus (HIV) and accepts responsibility for the accuracy of the information. (c) Prior to obtaining a blood specimen collected pursuant to subdivision (b) of Section 125085 or this section, the physician and surgeon or other person engaged in the prenatal care of a pregnant woman, or attending the woman at the time of labor or delivery, shall ensure that the woman is informed of the intent to perform a test for HIV infection, the routine nature of the test, the purpose of the testing, the risks and benefits of the test, the risk of perinatal transmission of HIV, that approved treatments are known to decrease the risk of perinatal transmission of HIV, and that the woman has a right to decline this testing. (d) If, during the final review of standard of prenatal care medical tests, the medical records of the pregnant woman do not document a test for rhesus (Rh) antibody blood type, a test for hepatitis B, or a test for HIV, the physician and surgeon or other person engaged in the prenatal care of the woman, or attending the woman at the time of labor or delivery, shall obtain a blood specimen from the woman for the tests that have not been documented. Prior to obtaining this blood specimen, the provider shall ensure that the woman is informed of the intent to perform the tests that have not been documented prior to this visit, including a test for HIV infection, the routine nature of the test, the purpose of the testing, the risks and benefits of the test, the risk of perinatal transmission of HIV, that approved treatments are known to decrease the risk of perinatal transmission of HIV, and that the woman has a right to decline the HIV test. The blood shall be tested by a method that will ensure the earliest possible results, and the results shall be reported to both of the following: (1) The physician and surgeon or other person engaged in the prenatal care of the woman or attending the woman at the time of delivery. (2) The woman tested. (e) After the results of the tests done pursuant to this section and Section 125085 have been received, the physician and surgeon or other person engaged in the prenatal care of the pregnant woman or attending the woman at the time of labor, delivery, or post partum care at the time the results are received shall ensure that the woman receives information and counseling, as appropriate, to explain the results and the implications for the mother’s and infant’s health, including any followup testing and care that are indicated. If the woman tests positive for HIV antibodies, she shall also receive, whenever possible, a referral to a provider, provider group, or institution specializing in prenatal and post partum care for HIV-positive women and their infants. Health care providers are also strongly encouraged to seek consultation with HIV specialists who provide care for pregnant and post partum HIV-positive women and their infants. (f) The provisions of Section 125107 for counseling are equally applicable to every pregnant patient covered by subdivisions (c) and (d). (g) Nothing in this section shall be construed to permit a licensed physician and surgeon or other person engaged in the prenatal care of a pregnant woman or attending the woman at the time of delivery to unlawfully disclose an individual’s HIV status, or to otherwise violate provisions of Section 54 of the Civil Code, the Americans With Disabilities Act of 1990 (Public Law 101-336), or the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code), which prohibit discrimination against individuals who are living with HIV, or who test positive for HIV, or are presumed to be HIV-positive. (Amended by Stats. 2007, Ch. 550, Sec. 3. Effective January 1, 2008.)
  111. 125092.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Prenatal Testing [125050 - 125119.5] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department must develop culturally sensitive informational material about prenatal HIV treatment and related referrals, in multiple languages, by December 31, 2004.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Prenatal Testing [125050 - 125119.5] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125092. The department, in consultation with the Office of AIDS and with other stakeholders, including, but not limited to, representatives of professional medical and public health advocacy groups, providers of health care to women and infants infected with or exposed to HIV, and women living with HIV, shall develop culturally sensitive informational material adequate to fulfill the requirements of subdivisions (c) and (d) of Section 125090, in English, Spanish, and other languages used by the department when providing information to clients under the Medi-Cal program. This material shall also include information on available referral and consultation resources of experts in prenatal HIV treatment. This material shall be completed by December 31, 2004. (Added by Stats. 2003, Ch. 749, Sec. 4. Effective January 1, 2004.)
  112. 125095.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Prenatal Testing [125050 - 125119.5] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department may adopt regulations it considers reasonably necessary to implement the Maternal and Child Health Program 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 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Prenatal Testing [125050 - 125119.5] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125095. The department may adopt regulations as it determines are reasonably necessary for the implementation of the Maternal and Child Health Program Act (Section 27). (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  113. 1251.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 1. General [1250 - 1264.1] ( Article 1 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    A license means a basic permit to operate a health facility with an authorized number and classification of beds, and it may not be transferred.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 1. General [1250 - 1264.1] ( Article 1 added by Stats. 1973, Ch. 1202. ) ## 1251. “License” means a basic permit to operate a health facility with an authorized number and classification of beds. A license shall not be transferable. (Amended by Stats. 1976, Ch. 854.)
  114. 1251.3.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 1. General [1250 - 1264.1] ( Article 1 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    A qualifying health facility may change its license to an acute psychiatric hospital and reclassify all general acute care beds without a certificate of need if it gives timely written notice and meets the bed-cap condition.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 1. General [1250 - 1264.1] ( Article 1 added by Stats. 1973, Ch. 1202. ) ## 1251.3. A health facility licensed as a general acute care hospital, providing alcohol recovery services, may convert its licensure category to an acute psychiatric hospital and it may reclassify all of its general acute care beds to acute psychiatric without first obtaining a certificate of need pursuant to Section 127170 if all of the following conditions are met: (a) The health facility notifies, in writing, the State Department and the Office of Statewide Health Planning and Development on or before September 3, 1982. (b) The project would reclassify all of the facility’s general acute care beds to acute psychiatric. (c) The total licensed capacity of the facility to be converted does not exceed 31 beds. (Amended by Stats. 1996, Ch. 1023, Sec. 155. Effective September 29, 1996.)
  115. 1251.4.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 1. General [1250 - 1264.1] ( Article 1 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    On application by the Department of Corrections and Rehabilitation, the department must reclassify certain hospital or health facility licenses to correctional treatment center licenses, and no licensing inspection is required for that change.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 1. General [1250 - 1264.1] ( Article 1 added by Stats. 1973, Ch. 1202. ) ## 1251.4. (a) Notwithstanding any other law, upon application of the Department of Corrections and Rehabilitation, the department shall change the license category of a general acute care hospital licensed to the Department of Corrections and Rehabilitation to a correctional treatment center license. No licensing inspection is required for this change of license category. (b) Notwithstanding any other law, upon application of the Department of Corrections and Rehabilitation, the department shall change the license category of a general acute care hospital or any other licensed health facility located on the grounds of a prison to a correctional treatment center license regardless of the location of the buildings included in those licenses. No licensing inspection is required for this change of license category. (Added by Stats. 2014, Ch. 26, Sec. 10. (AB 1468) Effective June 20, 2014.)
  116. 1251.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 1. General [1250 - 1264.1] ( Article 1 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    A special permit is an extra permit added to a license that lets a health facility offer certain special services if the state department has determined it meets quality-of-care standards.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 1. General [1250 - 1264.1] ( Article 1 added by Stats. 1973, Ch. 1202. ) ## 1251.5. A “special permit” is a permit issued in addition to a license, authorizing a health facility to offer one or more of the special services specified in Section 1255 when the state department has determined that the health facility has met the standards for quality of care established by state department pursuant to Article 3 (commencing with Section 1275). (Added by Stats. 1973, Ch. 1202.)
  117. 1251.6.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 1. General [1250 - 1264.1] ( Article 1 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    The department must issue a special permit for certain hospitals to offer emergency stabilization services if the stated application, transfer, location, staffing, and operating requirements are met.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 1. General [1250 - 1264.1] ( Article 1 added by Stats. 1973, Ch. 1202. ) ## 1251.6. (a) The Legislature finds and declares all of the following: (1) The Camp Fire in 2018 resulted in the destruction of most of the towns of the eastern part of the County of Butte, including the towns of Paradise, Magalia, and Concow, as well as Feather River Hospital in Paradise operated by Adventist Health. (2) Feather River Hospital was, by far, the largest employer in Paradise, and was the only acute care hospital service in the northeastern part of the county, including the communities of Paradise, Stirling City, Lovelock, De Sabla, and Magalia. (3) The community that lived near Feather River Hospital was made up primarily of individuals with coverage under the federal Medicare Program or the Medicaid program, and many had only limited access to transportation. Access to health care and health resources has been greatly exacerbated since the Camp Fire. (4) As the community begins to rebuild, it will be necessary for some health care services to be available to address potential injuries at worksites and during construction. (5) Because the destruction of the town of Paradise was so complete, it has created a unique situation in that it is unclear at this time whether and how long it will take for the community to rebuild, which makes it difficult for Adventist Health to determine whether a rebuild of the hospital makes sense at this point. (6) Therefore, it is the intent of the Legislature in enacting this section to permit Adventist Health to provide emergency stabilization services at the site of the former Feather River Hospital for a limited period of time, to ensure the community of Paradise has access to emergency stabilization services as it begins the rebuilding process. It is further the intent of the Legislature that the community of Paradise have access to the highest quality of emergency stabilization services and, therefore, the Legislature encourages Adventist Health to staff the site with physicians who are board certified in emergency medicine, with the understanding that due to the devastation and relocation of many residents, this may not be possible. It is further the intent of the Legislature that this is a temporary approach, intended to provide a period of time to assess whether and to what extent the town of Paradise will return and make the construction of a new hospital viable. (7) It is not the intent of the Legislature to establish a model for a freestanding emergency department, which is currently, and remains, prohibited by state law. (b) The department shall issue a special permit, as defined in Section 1251.5, to allow a general acute care hospital, as defined in subdivision (a) of Section 1250, to offer emergency stabilization services at a location that is neither inside nor contiguous to the applicant hospital, including serving as an emergency medical services receiving site if authorized to do so by the medical director of the local emergency medical services agency pursuant to Section 1798.101, if the hospital provides satisfactory evidence to the department that the hospital has a written transfer agreement with the hospital closest to the location where emergency stabilization services will be provided pursuant to this section, and any other hospital necessary to ensure the safe and effective transfer of patients needing services outside the capacity of the closest hospital, and if the applicant hospital submits and has received approval for an application pursuant to subdivision (c) and meets all of the following requirements: (1) The location is in the town of Paradise within the County of Butte and serves the same area previously served by Feather River Hospital. (2) The location meets the regulatory requirements applicable to emergency departments, as described in subdivisions (a), (b), (d), (e), (f), (g), (h), (i), (k), (l), and (n) of, and paragraph (6) of subdivision (m) of, Section 70413 of, subdivision (a) of Section 70415 of, and Sections 70417, 70419, 70651, 70655, 70657, and 70841 of, Title 22 of the California Code of Regulations. (3) The location meets the nurse-to-patient staffing requirements of a basic emergency department, as specified in the regulations adopted pursuant to Section 1276.4. (4) The location complies with the hospital’s existing collective bargaining agreements. (5) The location is open 24 hours a day, 7 days a week. (6) The location provides medical, pharmacy, nursing, clinical laboratory, and radiological services onsite in compliance with Article 3 (commencing with Section 70201) of Chapter 1 of Division 5 of Title 22 of the California Code of Regulations. (7) The location provides nutritional services to patients. The location may comply with this paragraph by providing those services directly or by contracting with an outside entity. (8) The location complies with the federal Emergency Medical Treatment and Active Labor Act (Section 1395dd of Title 42 of the United States Code) and with Section 1317 of this code. (9) The location has informed the local emergency medical services agency about the types of medical conditions and injuries that the facility cannot treat and for which the patient needs to be transported directly to a general acute care hospital emergency department. (10) Notwithstanding subdivision (i) of Section 70651 of Title 22 of the California Code of Regulations, the wording of exterior signs states “EMERGENCY STABILIZATION SERVICES, PHYSICIAN ON DUTY.” (11) The location stabilizes for transport or release a patient within 24 hours of registration. The location reports to the department any failure to stabilize a patient for transfer or release of the patient within 24 hours. (12) Upon registration, the location provides a patient with a written notice that the patient should consult with their health care coverage carrier about which services may be covered and for which copayments and charges the patient may be responsible. (13) The location posts information identifying the three nearest hospitals ranked by estimated driving time from the nearest to the farthest away. (14) The location posts a sign, at or near any public entrance of the location, stating that patients requiring surgery, trauma care, or an inpatient bed will be transported to the nearest hospital. (15) The location meets the physical plant requirements and has received clearance from the Office of Statewide Health Planning and Development, as appropriate for the setting and services being provided at the location. (16) The applicant hospital has submitted and received approval on an application that meets the requirements of subdivision (c). (c) (1) The application shall be submitted pursuant to Section 1265 and shall include all of the following: (A) A plan of operation that shall, at a minimum, address the location’s plan for patient care, infection control, waste disposal, and linen services. (B) The policy and procedure that the location will implement for the emergency transportation of patients that cannot be served by the facility. The policy and procedure shall comply with the standards of practice and shall include all of the following: (i) How the patient will be transported to the nearest general acute care hospital emergency department. (ii) The timeframe for transfer to the nearest general acute care hospital with an emergency department. (iii) How the location will ensure patient safety during the transfer. (C) A written transfer agreement with the nearest hospital with an emergency department. (D) A community outreach and education plan to ensure the community is informed of the types of services that the facility is capable of providing. The plan shall include instructions identifying the care that the facility is capable of providing and indicating the types of injuries or conditions for which a patient should be transported directly to the nearest general acute care hospital emergency department. (E) A triage algorithm that the location developed and will implement in collaboration with the local emergency medical services agency to determine appropriate patients for transport to the location. (2) The special permit application fee shall be fifteen thousand dollars ($15,000). (3) Notwithstanding Section 1267, a special permit issued pursuant to this section shall expire two years from the date of its issuance, and may be renewed every two years, for a combined period not to exceed six years from the initial date of issuance. (4) Prior to a first renewal of the special permit, the hospital that is issued a special permit pursuant to this section shall perform a community needs assessment, which shall be submitted to the department at least 90 calendar days prior to the renewal date. Prior to a second and final renewal of the special permit, the hospital shall have submitted plans for construction of a new hospital for review with the Office of Statewide Health Planning and Development. (5) The department may deny a request for approval or renewal of a special permit if the location fails to meet the requirements of this chapter pursuant to Section 1269. The department may suspend or revoke a special permit pursuant to Article 5 (commencing with Section 1294). (d) A hospital issued a special permit pursuant to this section shall report all of the following: (1) For purposes of the Annual Report of Hospitals required by regulations adopted pursuant to Section 1250.8, report bed and service utilization data separately by each facility issued a single consolidated license pursuant to this section. (2) Hospital reporting requirements specified in Section 1279.1 regarding adverse events and the reporting requirements specified in Section 70737 of Title 22 of the California Code of Regulations. (3) By March 1 of each year, a detailed report on the types of services, number of patients served, and any adverse patient outcomes during the prior calendar year. (e) Notwithstanding any other 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 an All Facilities Letter or similar instruction. (f) This section shall remain in effect only until January 1, 2028, and as of that date is repealed. (Added by Stats. 2019, Ch. 839, Sec. 1. (SB 156) Effective January 1, 2020. Repealed as of January 1, 2028, by its own provisions.)
  118. 12510.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    This section defines “fire nuisance” as anything or any act that increases, or may increase, fire danger or interferes with fire prevention or extinguishment.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. ) ## 12510. “Fire nuisance” means anything or any act which increases, or may cause an increase of, the hazard or menace of fire, or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay, or hindrance, to the prevention or extinguishment of fire. (Repealed and added by Stats. 1973, Ch. 1109.)
  119. 125100.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Prenatal Testing [125050 - 125119.5] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    Certain prenatal-care providers must keep and give the department information needed to evaluate hepatitis B testing and follow-up treatment; the department must also make funding available to requesting counties if funds 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 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Prenatal Testing [125050 - 125119.5] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125100. (a) Clinical laboratories licensed by the department, approved public health laboratories, local health departments, physicians and surgeons, or other persons engaged in the prenatal care of a pregnant woman or in the care of an infant shall maintain and make available to the department information necessary to evaluate, for public health purposes, the effectiveness of testing and followup treatment for the prevention of perinatally transmitted hepatitis B infection. (b) The department shall make available, to the extent state funds are appropriated therefor in the annual Budget Act or federal funds are available for that purpose, money to each county requesting funds for testing and followup treatment for the prevention of perinatally transmitted hepatitis B infection or for any functions performed pursuant to subdivision (a). The money shall be allocated by the department on the basis of the incidence of perinatally transmitted hepatitis B infection and the need for necessary followup treatment and evaluation in the requesting county. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  120. 125105.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Prenatal Testing [125050 - 125119.5] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    Blood specimen and test results covered by Section 125085 must remain confidential, and no person can be compelled in a proceeding to provide certain test results.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Prenatal Testing [125050 - 125119.5] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125105. (a) The blood specimen and test results pursuant to subdivision (b) of Section 125085 shall be confidential and shall not be disclosed, except as otherwise provided by law. (b) No person shall be compelled in any state, county, city, or other local civil, criminal, administrative, legislative, or other proceeding to provide test results determined pursuant to Section 125080 and Section 125085. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  121. 125107.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Prenatal Testing [125050 - 125119.5] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    A prenatal care provider primarily responsible for a pregnant patient must offer HIV information and counseling, and the section does not require mandatory testing.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Prenatal Testing [125050 - 125119.5] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125107. (a) For purposes of this section, “prenatal care provider” means a licensed health care professional providing prenatal care within his or her lawful scope of practice. This definition shall not include a licensed health care professional who provides care other than prenatal care to a pregnant patient. (b) The prenatal care provider primarily responsible for providing prenatal care to a pregnant patient shall offer human immunodeficiency virus (HIV) information and counseling to every pregnant patient. This information and counseling shall include, but shall not be limited to, all of the following: (1) A description of the modes of HIV transmission. (2) A discussion of risk reduction behavior modifications including methods to reduce the risk of perinatal transmission. (3) If appropriate, referral information to other HIV prevention and psychosocial services including anonymous and confidential test sites approved by the Office of AIDS. (c) Nothing in this section shall be construed to require mandatory testing. Any documentation or disclosure of HIV-related information shall be made in accordance with Chapter 7 (commencing with Section 120975) of Part 4 of Division 105 regarding confidentiality and informed consent. (d) Nothing in this section shall be construed to permit a prenatal care provider to unlawfully disclose an individual’s HIV status, or to otherwise violate provisions of Section 54 of the Civil Code, or the Americans With Disabilities Act of 1990 (Public Law 101-336), or the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code), which prohibit discrimination against individuals who are living with HIV, or who test positive for HIV, or are presumed to be HIV-positive. (Amended by Stats. 2007, Ch. 550, Sec. 4. Effective January 1, 2008.)
  122. 12511.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    This section defines “fireworks” for the chapter.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. ) ## 12511. “Fireworks” means any device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical, or thermal effects which are useful as pyrotechnic devices or for entertainment. The term “fireworks” includes, but is not limited to, devices designated by the manufacturer as fireworks, torpedoes, skyrockets, roman candles, rockets, Daygo bombs, sparklers, party poppers, paper caps, chasers, fountains, smoke sparks, aerial bombs, and fireworks kits. (Repealed and added by Stats. 1973, Ch. 1109.)
  123. 125110.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Prenatal Testing [125050 - 125119.5] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The act does not apply if a pregnant woman objects to the required test because it conflicts with her religious beliefs or 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 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Prenatal Testing [125050 - 125119.5] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125110. The Maternal and Child Health Program Act (Section 27) shall not apply if the pregnant woman objects to the test required by that act on the ground that the test conflicts with her religious beliefs or practices. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  124. 125118.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Prenatal Testing [125050 - 125119.5] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The State Department of Public Health must develop guidelines for research on deriving or using human embryonic stem cells 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 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Prenatal Testing [125050 - 125119.5] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125118. (a) The State Department of Public Health shall develop guidelines for research involving the derivation or use of human embryonic stem cells in California. (b) In developing the guidelines specified in subdivision (a), the department may consider other applicable guidelines developed or in use in the United States and in other countries, including, but not limited to, the Guidelines for Research Using Human Pluripotent Stem Cells developed by the National Institutes of Health and published in August 2000, and corrected in November 2000, and the Guidelines for Human Embryonic Stem Cell Research issued by the National Research Council and Institute of Medicine of the National Academies in 2005. (Amended by Stats. 2007, Ch. 483, Sec. 33. Effective January 1, 2008.)
  125. 125119.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Prenatal Testing [125050 - 125119.5] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    Human embryonic stem cell research projects must be reviewed and approved by a stem cell research oversight committee before they begin.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Prenatal Testing [125050 - 125119.5] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125119. (a) (1) All research projects involving the derivation or use of human embryonic stem cells shall be reviewed and approved by a stem cell research oversight committee prior to being undertaken. Any stem cell research oversight committee shall, in its review of human embryonic stem cell research projects, consider and apply the guidelines developed by the department pursuant to Section 125118. A stem cell research oversight committee may require modifications to the plan or design of a proposed human embryonic stem cell research project as a condition of approving the research project. (2) A stem cell research oversight committee for purposes of this article shall be established substantially in accordance with Guidelines for Human Embryonic Stem Cell Research issued by the National Research Council and the Institute of Medicine of the National Academies in 2005. This committee shall be established in accordance with standards issued by the California Institute for Regenerative Medicine (CIRM) as authorized by Article XXXV of the California Constitution. The intent of the Legislature is to avoid inconsistencies for stem cell research oversight committees established pursuant to this article with other existing standards for research conducted in California. (b) Not less than once per year, a stem cell research oversight committee shall conduct continuing review of human embryonic stem cell research projects reviewed and approved under this section in order to ensure that the research continues to meet the standards for stem cell research oversight committee approval. Pursuant to its review in accordance with this subdivision, a stem cell research oversight committee may revoke its prior approval of research under this section and require modifications to the plan or design of a continuing research project before permitting the research to continue. (c) A stem cell research oversight committee may provide scientific and ethical review of research consistent with this article. (Amended by Stats. 2006, Ch. 483, Sec. 3. Effective January 1, 2007.)
  126. 125119.3.

    ## 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 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Prenatal Testing [125050 - 125119.5] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    Stem cell research oversight committees that reviewed human embryonic stem cell research must report annually to 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 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Prenatal Testing [125050 - 125119.5] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125119.3. (a) Each stem cell research oversight committee that has reviewed human embryonic stem cell research pursuant to Section 125119 shall report to the department, annually, on the number of human embryonic stem cell research projects that the stem cell research oversight committee has reviewed, and the status and disposition of each of those projects, including the information collected pursuant to Section 125342. (b) Each stem cell research oversight committee shall also report to the department regarding unanticipated problems, unforeseen issues, or serious continuing investigator noncompliance with the requirements or determinations of the stem cell research oversight committee with respect to the review of human embryonic stem cell research projects, and the actions taken by the stem cell research oversight committee to respond to these situations. (Amended by Stats. 2006, Ch. 483, Sec. 4. Effective January 1, 2007.)
  127. 125119.5.

    ## 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 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Prenatal Testing [125050 - 125119.5] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department must review stem cell research oversight committee reports at least annually and provide a biennial review to the Legislature. It may also revise the guidelines under Section 125118 if it thinks that is necessary.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Genetic Prevention Services [124975 - 125119.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Prenatal Testing [125050 - 125119.5] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125119.5. (a) The department shall at least annually review reports from stem cell research oversight committees, and may revise the guidelines developed pursuant to Section 125118, as it deems necessary. (b) The department shall provide a biennial review to the Legislature on human embryonic stem cell research activity. These biennial reviews shall be compiled from the reports from stem cell research oversight committees. (Amended by Stats. 2006, Ch. 483, Sec. 5. Effective January 1, 2007.)
  128. 12512.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    This section defines “fireworks kit.”

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. ) ## 12512. “Fireworks kit” means any assembly of materials or explosive substances, which is designed and intended by the seller to be assembled by the person receiving such material or explosive substance and when so assembled would come within the definition of fireworks in Section 12511. (Repealed and added by Stats. 1973, Ch. 1109.)
  129. 125125.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Genetically Handicapped Persons Program [125125 - 125191] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    This section says the article may be cited as the Holden-Moscone-Garamendi Genetically Handicapped Persons 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 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Genetically Handicapped Persons Program [125125 - 125191] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125125. This article shall be known and may be cited as the Holden-Moscone-Garamendi Genetically Handicapped Persons Program. (Amended by Stats. 2015, Ch. 303, Sec. 353. (AB 731) Effective January 1, 2016.)
  130. 12513.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    This section defines “importer” for fireworks as a person who brings fireworks into the state, causes them to be brought in, receives deliveries or shipments, or buys fireworks for shipment into the state.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. ) ## 12513. “Importer” means any person who for any purpose does any of the following: (a) Brings fireworks into this state or causes fireworks to be brought into this state. (b) Procures the delivery or receives shipments of any fireworks into this state. (c) Buys or contracts to buy fireworks for shipment into this state. (Repealed and added by Stats. 1973, Ch. 1109.)
  131. 125130.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Genetically Handicapped Persons Program [125125 - 125191] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The Director of Health Care Services must run a program for medical care for people with genetically handicapping conditions and adopt regulations needed to implement 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 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Genetically Handicapped Persons Program [125125 - 125191] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125130. (a) The Director of Health Care Services shall establish and administer a program for the medical care of persons with genetically handicapping conditions, including cystic fibrosis, hemophilia, sickle cell disease, Huntington’s disease, Friedreich’s Ataxia, Joseph’s disease, Von Hippel-Landau syndrome, and the following hereditary metabolic disorders: phenylketonuria, homocystinuria, branched chain amino acidurias, disorders of propionate and methylmalonate metabolism, urea cycle disorders, hereditary orotic aciduria, Wilson’s Disease, galactosemia, disorders of lactate and pyruvate metabolism, tyrosinemia, hyperornithinemia, and other genetic organic acidemias that require specialized treatment or service available from only a limited number of program-approved sources. (b) The program shall also provide access to social support services, that may help ameliorate the physical, psychological, and economic problems attendant to genetically handicapping conditions, in order that the genetically handicapped person may function at an optimal level commensurate with the degree of impairment. (c) The medical and social support services may be obtained through physicians and surgeons Genetically Handicapped Persons Program specialized centers, and other providers that qualify pursuant to the regulations of the department to provide the services. “Medical care,” as used in this section, is limited to noncustodial medical and support services. (d) The director shall adopt regulations that are necessary for the implementation of this article. (Amended by Stats. 2015, Ch. 303, Sec. 354. (AB 731) Effective January 1, 2016.)
  132. 125135.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Genetically Handicapped Persons Program [125125 - 125191] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    This section defines “genetically handicapping condition” as a disease accepted as genetic in origin by the American Society of Human Genetics.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Genetically Handicapped Persons Program [125125 - 125191] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125135. As used in this article, “genetically handicapping condition” shall mean a disease that is accepted as being genetic in origin by the American Society of Human Genetics. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  133. 12514.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    “Issuing authority” means the person responsible for evaluating permit applications and issuing the permits required by Section 12640.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. ) ## 12514. “Issuing authority” means any person who has the responsibility of evaluating the application for, and issuing, the permits required by Section 12640. (Repealed and added by Stats. 1973, Ch. 1109.)
  134. 125140.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Genetically Handicapped Persons Program [125125 - 125191] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The program must include medical and social support services, and its staff must include at least one case manager for every 350 clients.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Genetically Handicapped Persons Program [125125 - 125191] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125140. The program established under this article shall include any or all of the following medical and social support services: (a) Initial intake and diagnostic evaluation. (b) The cost of blood transfusion and use of blood derivatives, or both. (c) Rehabilitation services, including reconstructive surgery. (d) Expert diagnosis. (e) Medical treatment. (f) Surgical treatment. (g) Hospital care. (h) Physical and speech therapy. (i) Occupational therapy. (j) Special treatment. (k) Materials. ( l) Appliances and their upkeep, maintenance, and care. (m) Maintenance, transportation, or care incidental to any other form of services. (n) Respite care or other existing resources (e.g., sheltered workshops). (o) Genetic and long-term psychological counseling. (p) Appropriate administrative staff resources to carry out this article. The staff shall include, but not be limited to, at least one case manager per each 350 clients. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  135. 12515.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    This section defines “label of registration” as the label of registration of the State Fire Marshal.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. ) ## 12515. “Label of registration” means the label of registration of the State Fire Marshal. (Repealed and added by Stats. 1973, Ch. 1109.)
  136. 125150.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Genetically Handicapped Persons Program [125125 - 125191] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The director must establish the reimbursement rate structure for physicians and supportive services, and the rates cannot be lower than the amounts paid for provider services under Medi-Cal.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Genetically Handicapped Persons Program [125125 - 125191] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125150. The director shall establish the rate structure for reimbursement of physicians and supportive services. The rates shall not be less than the amounts paid for provider services under the Medi-Cal Act (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code). (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  137. 125155.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Genetically Handicapped Persons Program [125125 - 125191] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department must not reimburse services if they are available to the recipient through other private, state, or federal programs or other contractual or legal entitlements, unless the department determines that continued use of employer health insurance would jeopardize the recipient’s employment.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Genetically Handicapped Persons Program [125125 - 125191] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125155. Reimbursement under this article shall not be made for any services that are available to the recipient under any other private, state, or federal programs or under other contractual or legal entitlements, except for those instances where the department determines that prolonged use of employer health insurance would jeopardize the recipient’s employment. However, no provision in this article shall be construed as limiting in any way state participation in any federal governmental program for medical care of persons with genetically handicapping conditions. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  138. 125155.1.

    ## 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 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Genetically Handicapped Persons Program [125125 - 125191] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    People applying for these services must certify prior employer-sponsored coverage details, and eligible people must notify the program if that coverage ends; noncompliance can make them ineligible for six months.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Genetically Handicapped Persons Program [125125 - 125191] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125155.1. (a) Any person found eligible for services under this article whose employer-sponsored health coverage is later terminated or any person who applied for services provided under this article whose employer-sponsored health coverage was terminated during the six-month period prior to the date he or she applied for services pursuant to this article shall be determined ineligible for the services, unless the reason his or her employer-sponsored health coverage was terminated was because of one of the following: (1) The individual for whom the employer-sponsored coverage had been available lost coverage because of one or more of the following reasons: (A) A loss of employment or a change in employment status. (B) A change of address to a ZIP Code that is not covered by the employer-sponsored health coverage. (C) The individual’s employer discontinued health benefits to all employees or dependents, or ceased to provide coverage or contributions for the category of employees or dependents applicable to the person or applicant. (D) The death of, or a legal separation or divorce from, the individual through whom the applicant was covered. (2) The applicant’s employer-sponsored health coverage became unavailable because the services paid for under that coverage attained the lifetime coverage limit. (3) Coverage was under a COBRA policy and the COBRA coverage period has ended. (b) A person who applies for services provided pursuant to this article shall certify, at the time of application, under penalty of perjury, that he or she was not covered by employer-sponsored health coverage during the six-month period prior to the date of his or her application or, if he or she was covered by employer-sponsored health coverage, attest to why one of the reasons listed in subdivision (a) is applicable to him or her and provide documentation from the employer-sponsored health coverage that supports his or her attestation. (c) A person who has been found eligible for services provided pursuant to this article who is covered by employer-sponsored health coverage that is terminated shall notify the Genetically Handicapped Persons Program within 45 days of the effective date of the termination and, when applicable, provide the program with the certification described in subdivision (b). (d) An applicant or eligible person who fails to comply with subdivisions (b) and (c) shall be ineligible for services pursuant to this article for six months. The department shall provide written notice to all persons found to be ineligible pursuant to this section. The notice shall provide information on the ability of the person to appeal or seek a waiver of determinations of ineligibility. (e) The department shall provide a process to appeal decisions of ineligibility based on this section in accordance with the procedures for resolution of complaints and appeals established for applicants and persons eligible for services pursuant to Article 5 (commencing with Section 123800) of Chapter 3 of Part 2. (f) The director, on a case-by-case basis, may waive determinations of ineligibility pursuant to this section, or reduce the time periods set forth in subdivision (a) or subdivision (d), if the director determines that the determination or the time periods will result in undue hardship. (g) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement this section by means of Genetically Handicapped Persons Program policy letters. Following consultation with a stakeholder workgroup consisting of, but not limited to, provider associations, provider representatives, and consumer groups to ensure stakeholder participation in the implementation of this section, including, but not limited to, any changes deemed necessary by the department and the stakeholder workgroup to update the application for enrollment form and the development of regulations, the department shall, within 18 months from the effective date of this section, adopt any necessary regulations in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 2009, 4th Ex. Sess., Ch. 5, Sec. 14. Effective July 28, 2009.)
  139. 125157.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Genetically Handicapped Persons Program [125125 - 125191] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department may require a client to enroll in other available coverage or programs, may pay or subsidize third-party health coverage when cost-effective, may continue coverage in some lapse situations, and must adopt needed regulations within 18 months after consultation.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Genetically Handicapped Persons Program [125125 - 125191] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125157. (a) The department may require a client under this article to apply to enroll or otherwise participate in any other state or federal program or other contractual or legal entitlement that would provide services to the client that would otherwise be reimbursed pursuant to this article. (b) The department may, when it determines that it is cost effective, pay the premium for, or otherwise subsidize the subscriber cost-sharing obligation for, third-party health coverage for a person eligible for services under this article. (c) The department may, for a person eligible for services under this article, when the person’s third-party health coverage would lapse due to loss of employment, change in health status, lack of sufficient income or financial resources, or any other reason, continue the health coverage by paying the costs of continuation of group coverage pursuant to federal law or converting from a group to individual plan, when the department determines that it is cost effective. (d) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement this section by means of Genetically Handicapped Persons Program policy letters. Following consultation with a stakeholder workgroup consisting of, but not limited to, provider associations, provider representatives, and consumer groups to ensure stakeholder participation in the implementation of this section, including, but not limited to, any changes deemed necessary by the department and the stakeholder workgroup to update the application for enrollment form and the development of regulations, the department shall, within 18 months from the effective date of this section, adopt any necessary regulations in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 2009, 4th Ex. Sess., Ch. 5, Sec. 15. Effective July 28, 2009.)
  140. 12516.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    This section defines “license” as a nontransferable authorization issued by the State Fire Marshal for activities regulated by this part.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. ) ## 12516. “License” means any nontransferable authorization granted by the State Fire Marshal to engage in any activity regulated by this part. (Repealed and added by Stats. 1973, Ch. 1109.)
  141. 125160.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Genetically Handicapped Persons Program [125125 - 125191] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department must receive and spend funds available for this article, and it must make payment for the Genetically Handicapped Persons 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 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Genetically Handicapped Persons Program [125125 - 125191] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125160. The department shall receive and expend all funds made available to it by the federal government, the state, its political subdivisions or from other sources for the purposes of this article. Payment for the Genetically Handicapped Persons Program shall be made by the department. (Amended by Stats. 2015, Ch. 303, Sec. 355. (AB 731) Effective January 1, 2016.)
  142. 125166.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Genetically Handicapped Persons Program [125125 - 125191] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    Eligible clients must pay an annual enrollment fee to the department, unless an exception 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 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Genetically Handicapped Persons Program [125125 - 125191] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125166. (a) Commencing July 1, 2009, except as provided in subdivision (d), each client determined or redetermined by the department to be eligible for services provided pursuant to this article shall pay an annual enrollment fee to the department as set forth in this section. (b) (1) There shall be an annual enrollment fee based on the client’s adjusted gross income or, if the client is a minor, the client’s parents’ or legal guardians’ combined adjusted gross income, as reported on the relevant state or federal income tax forms for the previous tax year. In calculating the enrollment fee where both a state and a federal income tax form has been filed, the higher of the two adjusted gross income amounts shall be used. (2) For adjusted gross income between 200 and 299 percent of the federal poverty level, the annual enrollment fee shall be 1.5 percent of adjusted gross income. (3) For adjusted gross income equal to or greater than 300 percent of the federal poverty level, the annual enrollment fee shall be 3 percent of adjusted gross income. (4) In the event the annual enrollment fee determined pursuant to paragraph (2) or (3) exceeds the cost of care incurred during the applicable year, the department shall reduce the enrollment fee by refund or credit to an amount equal to the cost of care. (c) (1) Payment of the enrollment fee is a condition of program participation. (2) The department may arrange for periodic payment of the fee during the year. (3) The director, on a case-by-case basis, may waive or reduce the amount of an enrollment fee if the director determines payment of the fee will result in undue hardship for the family. Otherwise, failure to pay or arrange for payment of the enrollment fee within 60 days of the due date shall result in disenrollment and ineligibility for coverage of treatment services effective 60 days after the due date of the fee. (d) The enrollment fee shall not be charged in the following cases: (1) The client is eligible for the full scope of Medi-Cal benefits, without being required to pay a share of cost, at the time of enrollment fee determination. (2) The client who is otherwise eligible to receive services has, or if the client is a minor, the client’s parents or guardians have, an adjusted gross income of less than 200 percent of the federal poverty level. (e) All enrollment fees shall be used in support of the program for services provided pursuant to this article. (f) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement this section by means of Genetically Handicapped Persons Program policy letters. Following consultation with a stakeholder workgroup consisting of, but not limited to, provider associations, provider representatives, and consumers groups to ensure stakeholder participation in the implementation of this section, including, but not limited to, any changes to update the application for enrollment form and the development of regulations, the department shall, within 18 months from the effective date of this section, adopt regulations in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 2009, 4th Ex. Sess., Ch. 5, Sec. 17. Effective July 28, 2009.)
  143. 12517.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    “Licensee” means a person aged 21 or older who holds a fireworks license under Chapter 5.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. ) ## 12517. “Licensee” means any person 21 years of age or older holding a fireworks license issued pursuant to Chapter 5 (commencing with Section 12570). (Repealed and added by Stats. 1973, Ch. 1109.)
  144. 125170.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Genetically Handicapped Persons Program [125125 - 125191] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department must maintain sufficient, appropriate staff to carry out 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 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Genetically Handicapped Persons Program [125125 - 125191] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125170. The department shall maintain sufficient, appropriate staff to carry out this article. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  145. 125175.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Genetically Handicapped Persons Program [125125 - 125191] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    This section says specified health care benefits and services must be provided to eligible resident patients, but only to the extent they are not already provided or available under other federal or state law or other contractual or legal entitlements.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Genetically Handicapped Persons Program [125125 - 125191] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125175. The health care benefits and services specified in this article, to the extent that the benefits and services are neither provided under any other federal or state law nor provided nor available under other contractual or legal entitlements of the person, shall be provided to any patient who is a resident of this state and is made eligible by this article. After the patient has utilized the contractual or legal entitlements, the payment liability under Section 125166 shall then be applied to the remaining cost of genetically handicapped persons’ services. (Amended by Stats. 2015, Ch. 303, Sec. 356. (AB 731) Effective January 1, 2016.)
  146. 12518.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    This section defines “manufacturer” for fireworks and pyrotechnic devices.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. ) ## 12518. “Manufacturer” means any person who manufactures, makes, constructs, fabricates, or produces any fireworks or pyrotechnic devices, but does not include any person who assembles or fabricates any sets or mechanical pieces for public displays of fireworks, or persons operating within the scope of public display or pyrotechnic operator licenses. (Repealed and added by Stats. 1973, Ch. 1109.)
  147. 125180.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Genetically Handicapped Persons Program [125125 - 125191] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department must require certain program applicants to apply for Medi-Cal eligibility before they can receive funded 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 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Genetically Handicapped Persons Program [125125 - 125191] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125180. The department shall require all applicants to the program who may be eligible for cash grant public assistance or for Medi-Cal to apply for Medi-Cal eligibility prior to becoming eligible for funded services. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  148. 125185.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Genetically Handicapped Persons Program [125125 - 125191] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    GHPP service authorization requests must be submitted electronically through the department’s website or another designated electronic method, except certain dental provider requests; the department must also provide an alternate format if the system is unavailable.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Genetically Handicapped Persons Program [125125 - 125191] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125185. (a) (1) By July 1, 2016, or a subsequent date determined by the department, Genetically Handicapped Persons Program (GHPP) requests for authorization of services, excluding requests for authorization of services submitted by dental providers enrolled in the Medi-Cal Dental program, shall be submitted in an electronic format determined by the department and shall be submitted via the department’s Internet Web site or other electronic means designated by the department. The department may implement this requirement in phases. (2) The department shall designate an alternate format for submitting requests for authorization of services when the department’s Internet Web site or other electronic means designated in paragraph (1) are unavailable due to a system disruption. (b) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may, without taking regulatory action, implement, interpret, or make specific this section and any applicable waivers and state plan amendments by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions. Thereafter, the department shall adopt regulations by July 1, 2017, in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The department shall consult with interested parties and appropriate stakeholders in implementing this section. (Added by Stats. 2014, Ch. 849, Sec. 2. (SB 1457) Effective January 1, 2015.)
  149. 12519.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    This section defines “model rocket” as a toy or educational device that meets the stated weight, propulsion, and standard-conformity requirements.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. ) ## 12519. “Model rocket” means a toy or educational device that weighs not more than 1500 grams, including the engine and any payload, that is propelled by a model rocket motor, and that conforms to the definition of “model rocket” in the 2013 edition of the “NFPA 1122: Code for Model Rocketry,” or a more recent edition as adopted by the State Fire Marshal. (Amended by Stats. 2015, Ch. 106, Sec. 1. (AB 467) Effective January 1, 2016.)
  150. 125190.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Genetically Handicapped Persons Program [125125 - 125191] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department is treated as the purchaser, not the dispenser or distributor, of blood factor products for the Genetically Handicapped Persons Program, and it may receive manufacturers’ discounts, rebates, or refunds tied to quantities purchased.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Genetically Handicapped Persons Program [125125 - 125191] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125190. Notwithstanding any other law, the department is considered to be the purchaser, but not the dispenser or distributor, of blood factor products under the Genetically Handicapped Persons Program. The department may receive manufacturers’ discounts, rebates, or refunds based on the quantities purchased under the Genetically Handicapped Persons Program. The discounts, rebates, or refunds received pursuant to this section shall be separate from any agreements for discounts, rebates, or refunds negotiated pursuant to Section 14105.3 of the Welfare and Institutions Code or any other program. (Amended by Stats. 2015, Ch. 303, Sec. 357. (AB 731) Effective January 1, 2016.)
  151. 125191.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Genetically Handicapped Persons Program [125125 - 125191] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department may contract for factor replacement therapies and other health care products under specified bidding or negotiation rules, and manufacturers must pay interest on late or unpaid rebates.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 1. Genetically Handicapped Persons Program [125125 - 125191] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125191. (a) The department may enter into contracts with one or more manufacturers on a negotiated or bid basis as the purchaser, but not the dispenser or distributor, of factor replacement therapies under the Genetically Handicapped Persons Program for the purpose of enabling the department to obtain the full range of available therapies and services required for clients with hematological disorders at the most favorable price and to enable the department, notwithstanding any other state law, to obtain discounts, rebates, or refunds from the manufacturers based upon the large quantities purchased under the program. This subdivision does not interfere with the usual and customary distribution practices of factor replacement therapies. In order to achieve maximum cost savings, the Legislature hereby determines that an expedited contract process under this section is necessary. Therefore, a contract under this subdivision may be entered into on a negotiated basis and is exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code and Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code. Contracts entered pursuant to this subdivision shall be confidential and shall be exempt from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (b) (1) Factor replacement therapy manufacturers shall calculate and pay interest on late or unpaid rebates. The interest does not apply to any prior period adjustments of unit rebate amounts or department utilization adjustments. Manufacturers shall calculate and pay interest on late or unpaid rebates for quarters that begin on or after the effective date of the act that added this subdivision. (2) Following the final resolution of any dispute regarding the amount of a rebate, any underpayment by a manufacturer shall be paid with interest calculated pursuant to paragraph (4), and any overpayment, together with interest at the rate calculated pursuant to paragraph (4), shall be credited by the department against future rebates due. (3) Interest pursuant to paragraphs (1) and (2) shall begin accruing 38 calendar days from the date of mailing the invoice, including supporting utilization data sent to the manufacturer. Interest shall continue to accrue until the date of mailing of the manufacturer’s payment. (4) Interest rates and calculations pursuant to paragraphs (1) and (2) shall be identical to interest rates and calculations set forth in the federal Centers for Medicare and Medicaid Services’ Medicaid Drug Rebate Program Releases or regulations. (c) If the department has not received a rebate payment, including interest, within 180 days of the date of mailing of the invoice, including supporting utilization data, a factor replacement therapy manufacturer’s contract with the department shall be deemed to be in default and the contract may be terminated in accordance with the terms of the contract. This subdivision does not limit the department’s right to otherwise terminate a contract in accordance with the terms of that contract. (d) The department may enter into contracts on a bid or negotiated basis with manufacturers, distributors, dispensers, or suppliers of pharmaceuticals, appliances, durable medical equipment, medical supplies, and other product-type health care services and laboratories for the purpose of obtaining the most favorable prices to the state and to assure adequate access and quality of the product or service. In order to achieve maximum cost savings, the Legislature hereby determines that an expedited contract process under this subdivision is necessary. Therefore, contracts under this subdivision may be entered into on a negotiated basis and shall be exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code and Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code. (e) The department may contract with one or more manufacturers of each multisource prescribed product or supplier of outpatient clinical laboratory services on a bid or negotiated basis. Contracts for outpatient clinical laboratory services shall require that the contractor be a clinical laboratory licensed or certified by the State of California or certified under Section 263a of Title 42 of the United States Code. This subdivision shall not be construed as prohibiting the department from contracting with less than all manufacturers or clinical laboratories, including just one manufacturer or clinical laboratory, on a bid or negotiated basis. (Amended by Stats. 2021, Ch. 615, Sec. 284. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  152. 1252.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 1. General [1250 - 1264.1] ( Article 1 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    Defines “special service” in a health facility and says the department may still evaluate and enforce therapy requirements for nursing and skilled nursing facilities.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 1. General [1250 - 1264.1] ( Article 1 added by Stats. 1973, Ch. 1202. ) ## 1252. (a) “Special service” means a functional division, department, or unit of a health facility that is organized, staffed, and equipped to provide a specific type or types of patient care and that has been identified by regulations of the state department and for which the state department has established special standards for quality of care. “Special service” does not include a functional division, department, or unit of a nursing facility, as defined in subdivision (k) of Section 1250, that is organized, staffed, and equipped to provide inpatient physical therapy services, occupational therapy services, or speech pathology and audiology services to residents of the facility if these services are provided solely to meet the federal Centers for Medicare and Medicaid Services certification requirements. “Special service” includes physical therapy services, occupational therapy services, or speech pathology and audiology services provided by a nursing facility, as defined in subdivision (k) of Section 1250, to outpatients. (b) This section does not limit the department’s ability to evaluate compliance with the therapy requirements for nursing facilities and skilled nursing facilities established in Title 22 of the California Code of Regulations during investigations or inspections, including, but not limited to, inspections conducted pursuant to Section 1422, or to limit the department’s ability to enforce the therapy requirements. (Amended by Stats. 2014, Ch. 288, Sec. 1. (AB 1974) Effective January 1, 2015.)
  153. 12520.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    This section defines “model rocket motor.”

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. ) ## 12520. “Model rocket motor” means a rocket propulsion device using commercially manufactured solid propellant, that does not require mixing by the user, and that conforms to the definition of “model rocket motor” in the 2012 edition of the “NFPA 1125: Code for the Manufacture of Model Rocket and High Power Rocket Motors,” or a more recent edition as adopted by the State Fire Marshal. (Amended by Stats. 2015, Ch. 106, Sec. 2. (AB 467) Effective January 1, 2016.)
  154. 125200.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Long-Term Care for Degenerative Genetic Disease [125200 - 125220] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The Legislature states that many Californians with chronic, degenerative genetic conditions need supportive care services, but these services are often unavailable.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Long-Term Care for Degenerative Genetic Disease [125200 - 125220] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125200. The Legislature finds and declares that there are many persons in California who are victims of chronic and degenerative genetic conditions, who experience a wide range of degenerating conditions including mental and physical deterioration. For some of these conditions, there is no known prior detection or subsequent treatment. The Legislature further finds and declares that appropriate supportive care services, both in and out of the home, are very often unavailable, due to the lack of resource identification and referral, and the lack of case management services. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  155. 125205.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Long-Term Care for Degenerative Genetic Disease [125200 - 125220] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department and the State Department of Social Services must compile a public list of long-term care resources for adults with chronic and degenerative conditions, after consultation with specified program and consumer groups.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Long-Term Care for Degenerative Genetic Disease [125200 - 125220] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125205. The department and the State Department of Social Services shall, after consultation with the Genetically Handicapped Persons Program of the department and consumer organizations representing persons with chronic and degenerative conditions, as defined in Section 125210, compile a list of long-term care resources that serve adults with chronic and degenerative conditions, as defined. The list of resources shall include those that have already been identified by the Genetically Handicapped Persons Program as serving persons with Huntington’s disease, Joseph’s disease, and Friedrich’s ataxia, and shall include those that have already been identified by consumer organizations representing persons with chronic and degenerative conditions. The list of resources shall include, but not be limited to, the following: (a) Public and private skilled nursing facilities and intermediate care facilities. (b) Public and private community residential care facilities. (c) Public and private out-of-home long-term care resources such as day activity programs, and in-home support service programs. Nothing in this section shall require the State Department of Health Care Services to undertake a survey of long-term care facilities or programs in the state for the purposes of carrying out the requirements of this section. The information shall be made available to the public, upon request, through the Genetically Handicapped Persons Program of the department. (Amended by Stats. 2012, Ch. 23, Sec. 38. (AB 1467) Effective June 27, 2012.)
  156. 12521.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    “Package” means a case, container, or receptacle used to hold fireworks and closed or sealed by tape, cordage, or similar means.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. ) ## 12521. “Package” includes any case, container, or receptacle, used for holding fireworks, which is closed or sealed by tape, cordage, or by any other means. (Repealed and added by Stats. 1973, Ch. 1109.)
  157. 125210.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Long-Term Care for Degenerative Genetic Disease [125200 - 125220] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    For this article, chronic and degenerative diseases include certain neurological and neuromuscular conditions affecting adults, including named diseases and similar disorders the department determines.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Long-Term Care for Degenerative Genetic Disease [125200 - 125220] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125210. For the purposes of this article, chronic and degenerative diseases shall include those conditions that are neurological and neuromuscular in origin, including such disorders as Huntington’s disease, Friedrich’s ataxia, Joseph’s disease, and other disorders that are determined by the department to be similar in origin and clinical manifestation to the named disorders, and that affect adults. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  158. 125215.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Long-Term Care for Degenerative Genetic Disease [125200 - 125220] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department and the State Department of Social Services must review certain regulations and send a list of them to the Legislature by September 1, 1982.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Long-Term Care for Degenerative Genetic Disease [125200 - 125220] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125215. The department and the State Department of Social Services shall review regulations that currently provide disincentives to providers of in-home and out-of-home long-term care resources, as defined in Section 125205, to accept and serve persons with chronic and degenerative disorders. The review shall be conducted with assistance and input from the Genetically Handicapped Persons Program of the department. These departments shall provide a list of those regulations to the Legislature by September 1, 1982. The regulations subject to review shall be those regulations that do the following: (a) Affect the admission of patients to state-licensed skilled nursing facilities, intermediate care facilities, and community residential care facilities. (b) Affect the staffing ratios necessary to care for persons with chronic and degenerative conditions, as defined, within those facilities. (c) Affect the likelihood of facilities, or of day care programs and in-home support service programs, to refuse the admission of persons with chronic and degenerative conditions, solely on the basis of anticipated jeopardy to their licensing, or on the basis of anticipated liability to the facilities arising from instances where a person’s degenerative condition, by its own clinical merits, results in medical complications that are, in fact, entirely unrelated to the quality of care provided by the facility or program. (Amended by Stats. 2012, Ch. 23, Sec. 39. (AB 1467) Effective June 27, 2012.)
  159. 12522.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    This section defines “permit” for fireworks-related activities.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. ) ## 12522. “Permit” means the nontransferable permission granted by the public agency having local jurisdiction to a licensee for the purposes of establishing and maintaining a place where fireworks are manufactured, constructed, produced, packaged, stored, sold, exchanged, discharged, or used, or the nontransferable permission granted by the public agency having local jurisdiction or by the State Fire Marshal to a licensee for the purpose of transporting fireworks. (Repealed and added by Stats. 1973, Ch. 1109.)
  160. 125220.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Long-Term Care for Degenerative Genetic Disease [125200 - 125220] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    Actions under this article must not create extra state obligations or spending for care of people with chronic and degenerative conditions unless the Legislature passes a statute specifically appropriating money for 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 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 2. Long-Term Care for Degenerative Genetic Disease [125200 - 125220] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125220. The actions undertaken pursuant to this article shall not impose additional state obligations or expenditures for the care of persons with chronic and degenerative conditions, as defined by this article, unless the Legislature enacts a statute specifically appropriating money for the additional obligations or expenditures. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  161. 125225.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Huntington’s Disease Research and Workshop Grants [125225 - 125250] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    This section says the Legislature finds Huntington’s disease is a serious inherited disorder, describes its symptoms and impacts, and states that more scientific knowledge may lead to treatment, prevention, and a cure.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Huntington’s Disease Research and Workshop Grants [125225 - 125250] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125225. The Legislature hereby finds and declares that: (a) Huntington’s disease is a chronic progressive inherited disorder of the central nervous system. (b) The constellation of mental and physical symptoms, the insidious onset of the disorder, and the torment of those at-risk, waiting throughout their lives to learn if they have been spared, conspire to make “Huntington’s disease one of the most diabolical diseases known to man.” Each child of a patient with Huntington’s disease has a 50/50 chance of getting the disease. (c) Males, females, and all ethnic groups may be affected and there is no effective treatment or cure. Because so little is known about the disease, many people are misdiagnosed and mistreated. (d) The suicide rate among Huntington’s disease patients is estimated to be seven times the national rate. (e) The advancement of scientific knowledge about Huntington’s disease, that, because of its extraordinary range of symptoms, serves as an excellent prototype for other major chronic genetic, neurologic, and psychiatric illnesses and diseases of aging, such as epilepsy, muscular dystrophy, and Parkinson’s disease, will reveal fundamental scientific information that may lead to treatment, prevention, and ultimately a cure for an array of inherited disorders that affect millions. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  162. 12523.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    This section defines “person” broadly to include individuals, many business forms, certain public entities, and their employees and authorized representatives.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. ) ## 12523. “Person” means any person, copartnership, organization, firm, corporation, association, or any combination thereof, or any city, county, city and county, and state, and shall include any of their employees and authorized representatives. (Repealed and added by Stats. 1973, Ch. 1109.)
  163. 125230.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Huntington’s Disease Research and Workshop Grants [125225 - 125250] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The director may create any rules or criteria needed for grants under 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 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Huntington’s Disease Research and Workshop Grants [125225 - 125250] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125230. The director may establish any rules or criteria for grants under this article as the director deems necessary. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  164. 125235.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Huntington’s Disease Research and Workshop Grants [125225 - 125250] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    This section creates the Scientific Advisory Review Committee, sets its 11-member composition, requires appointments by the director with stated recommendations, provides that members serve without compensation but may be reimbursed for necessary travel expenses, and abolishes the committee one year after the article’s grants 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 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Huntington’s Disease Research and Workshop Grants [125225 - 125250] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125235. There is hereby created a Scientific Advisory Review Committee. The membership of the committee shall be composed of 11 members who shall be representatives from each of the following: (a) Two from the University of California. (b) One from Stanford University. (c) One from the California Institute of Technology. (d) One from the Hereditary Disease Foundation. (e) One from the City of Hope. (f) One from the Health and Welfare Agency appointed by the Secretary of the Health and Welfare Agency. (g) One appointed by the Speaker of the Assembly. (h) One appointed by the President pro Tempore of the California Senate. (i) One from the National Huntington’s Disease Association. (j) One from the Committee to Combat Huntington’s Disease. Except as otherwise provided in this section, members of the committee shall be appointed by the director, who shall make the appointments based upon recommendations from the entity or organization represented. The members of the committee shall serve at the pleasure of the appointing power. The members of the committee shall serve without compensation, but shall be reimbursed for necessary and travel expenses incurred in the performance of the duties on the committee. The Scientific Advisory Review Committee is hereby abolished one year after the grants under this article have been made by the director. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  165. 12524.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    This section defines “public display of fireworks” as an entertainment feature that the public or a private group may view, including the display or discharge of dangerous fireworks.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. ) ## 12524. “Public display of fireworks” means an entertainment feature where the public or a private group is admitted or permitted to view the display or discharge of dangerous fireworks. (Repealed and added by Stats. 1973, Ch. 1109.)
  166. 125240.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Huntington’s Disease Research and Workshop Grants [125225 - 125250] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The Scientific Advisory Review Committee must review and recommend approval of grant applications and monitor programs that receive grants under this article, following any rules or criteria the director deems necessary.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Huntington’s Disease Research and Workshop Grants [125225 - 125250] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125240. Pursuant to the rules or criteria as the director may deem necessary, the Scientific Advisory Review Committee shall review and recommend approval of grant applications and monitor programs receiving grants under this article. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  167. 125245.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Huntington’s Disease Research and Workshop Grants [125225 - 125250] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The director may award research and workshop grants under this section, subject to stated eligibility and maximum grant amounts.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Huntington’s Disease Research and Workshop Grants [125225 - 125250] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125245. The director may make grants as follows: (a) Individual research grants to scientists and facilities residing in this state that have research experience with basic and clinical investigations on Huntington’s disease and related disorders. Individual research grants shall not exceed twenty thousand dollars ($20,000). (b) Interdisciplinary workshop grants to scientists and facilities for the purposes of facilitating interchange among an interdisciplinary group of investigators regarding problems in the treatment and care of patients as well as basic research, all of which may be applicable to a variety of genetic or neuro-degenerative disorders in addition to Huntington’s disease. Individual workshop grants shall not exceed twelve thousand five hundred dollars ($12,500). (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  168. 12525.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    This section defines “pyrotechnic compositions” as combinations of chemical elements or compounds that can burn without oxygen from the atmosphere.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. ) ## 12525. “Pyrotechnic compositions” means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen of the atmosphere. (Repealed and added by Stats. 1973, Ch. 1109.)
  169. 125250.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Huntington’s Disease Research and Workshop Grants [125225 - 125250] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    No more than 10% of money appropriated for this article may be used to administer 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 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 3. Huntington’s Disease Research and Workshop Grants [125225 - 125250] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125250. Not more than 10 percent of any money appropriated for purposes of this article shall be utilized for the administration of this article. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  170. 12526.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    This section defines “pyrotechnic device” and lists examples included in that term.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. ) ## 12526. “Pyrotechnic device” means any combination of materials, including pyrotechnic compositions, which, by the agency of fire, produce an audible, visual, mechanical or thermal effect designed and intended to be useful for industrial, agricultural, personal safety, or educational purposes. The term “pyrotechnic device” includes, but is not limited to, agricultural and wildlife fireworks, model rockets, exempt fireworks, emergency signaling devices, and special effects. (Repealed and added by Stats. 1973, Ch. 1109.)
  171. 12527.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    This section defines “pyrotechnic operator” as a licensed person who has shown the required skill and ability to use and discharge fireworks under the license.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. ) ## 12527. “Pyrotechnic operator” means any licensed pyrotechnic operator, who by examination, experience, and training, has demonstrated the required skill and ability in the use and discharge of fireworks as authorized by the license granted. (Added by Stats. 1973, Ch. 1109.)
  172. 125275.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Alzheimer’s Disease [125275 - 125285] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    This section says California wants Alzheimer’s disease diagnostic and treatment centers to be established and may work with a statewide consultant when needed to carry out their functions.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Alzheimer’s Disease [125275 - 125285] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125275. (a) The Legislature finds that Alzheimer’s disease, a devastating disease which destroys certain vital cells of the brain, affects more than 1,500,000 Americans. The Legislature also finds that Alzheimer’s disease and related disorders are responsible for 50 percent of all nursing home admissions and Alzheimer’s disease is the fourth leading cause of death in adults. The Legislature recognizes that the disease has serious emotional, financial, and social consequences for its victims and their families. (b) The Legislature recognizes that the cause of Alzheimer’s disease is presently unknown, and there is no established treatment which can cure, reverse, or stop the progression of Alzheimer’s disease. The Legislature also recognizes that research is the only hope for victims and families. The Legislature finds that existing diagnostic and treatment centers have improved the quality of care available to the victims of Alzheimer’s disease and increased knowledge with respect to Alzheimer’s disease and related disorders. These centers provide clinical opportunities for research and facilitate the collection of essential data regarding Alzheimer’s disease and related disorders, while at the same time providing valuable services such as information and referral, counseling, and training to victims and their families. It is the intent of the Legislature, in enacting this article, to encourage the establishment of geographically dispersed diagnostic and treatment centers for Alzheimer’s disease within every postsecondary higher educational institution with a medical center, and to encourage research to discover the cause of, and a cure for, Alzheimer’s disease. (c) The functions of the diagnostic and treatment centers shall be designed to serve all of the following purposes: (1) To provide diagnostic and treatment services and improve the quality of care to victims of Alzheimer’s disease. (2) To increase research by faculty and students in discovering the cause of, and a cure for, Alzheimer’s disease. (3) To provide training, monitoring, consultation, and continuing education to the families of those who are affected by Alzheimer’s disease. (4) To increase the training of health care professionals with respect to Alzheimer’s disease and other acquired brain impairments to the extent that the centers have the requisite expertise. (d) The diagnostic and treatment centers may collaborate with the Statewide Resources Consultant designated pursuant to Section 4364 of the Welfare and Institutions Code, to the extent that the centers deem necessary in order to fulfill the functions set forth in subdivision (c). (Added by renumbering Section 412 (as amended by Stats. 1995, Ch. 551) by Stats. 1996, Ch. 1023, Sec. 134. Effective September 29, 1996.)
  173. 12528.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    This section defines “retailer” as a person who sells, transfers, or gives fireworks to a consumer or user at a fixed place of business.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. ) ## 12528. “Retailer” means any person who, at a fixed place of business, sells, transfers, or gives fireworks to a consumer or user. (Added by Stats. 1973, Ch. 1109.)
  174. 125280.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Alzheimer’s Disease [125275 - 125285] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    Postsecondary higher educational institutions with a medical center may establish Alzheimer’s diagnostic and treatment centers if they go through the department’s grants review process, and the department must administer and manage related grants.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Alzheimer’s Disease [125275 - 125285] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125280. (a) Any postsecondary higher educational institution with a medical center may establish diagnostic and treatment centers for Alzheimer’s disease subject to the department’s grants review process. (b) The department shall administer grants to postsecondary higher educational institutions that establish diagnostic and treatment centers pursuant to subdivision (a). (c) Funds appropriated for the purposes of this article by the Statutes of 1987 shall first be used to maintain and enhance, as determined by the department, existing centers and to prevent program cutbacks under subdivision (b). (d) Alzheimer’s disease grants for the purpose of establishing a diagnostic and treatment center shall be used only for the purposes of this article, including, but not limited to, all of the following: (1) Salary and benefits for faculty, residents, fellows, and staff of the diagnostic and treatment center. (2) Costs of supplies and equipment. (3) Research grants for faculty research to discover the cause of, and a cure for, Alzheimer’s disease. (4) Research grants for students, residents, and fellows. (5) General administrative costs of up to 8 percent of the total grant. (e) The department shall establish criteria for requests for Alzheimer’s disease diagnostic and treatment center grants and Alzheimer’s disease research grants, and for program evaluation. (f) No grant awarded pursuant to this article shall be approved for any amount that exceeds 25 percent of the total amount of funds appropriated for this purpose in the 1987–88 Regular Session of the Legislature. (g) The department shall administer a grant program for the purpose of research into the causes, treatment, cure, strategies for coping with, prevention, incidence, and prevalence of Alzheimer’s disease and related disorders. Priority shall be given to grant applications for feasibility studies, startup grants, and matching funds for federal and privately funded research grants. Consideration shall be given to proposals that link service delivery and collect data relative to patient care and the delivery of social services. This research may include, but is not limited to, examinations and recommendations for the improvement of the family, community-based and health care support systems available to Alzheimer’s disease victims, and their caregivers. (h) Upon request, the department shall make available to the Legislature information regarding the progress of the grant programs established pursuant to this article. (i) The department shall reduce any grant pursuant to this article by the amount of any federal funds available for the same purposes to the same grantee. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  175. 125281.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Alzheimer’s Disease [125275 - 125285] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department must allocate budgeted funds to Alzheimer’s diagnostic and treatment centers for specified program purposes, and the centers and department must make certain detection and diagnosis tools available online.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Alzheimer’s Disease [125275 - 125285] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125281. From funds appropriated to the department in the Budget Act of 2016 for these purposes, the department shall allocate funds to the diagnostic and treatment centers for Alzheimer’s disease established pursuant to Section 125280 to be used for all of the following purposes: (a) To determine the standard of care in early and accurate diagnosis drawing on peer-reviewed evidence, best practices, Medicare and Medicaid policy and reimbursement, and experience working with patients seeking services at a center. (b) To conduct targeted outreach to health professionals through medical school instruction, hospital grant rounds, continuing education, community education, and free online resources. (c) To provide low-cost, accessible detection and diagnosis tools that the center shall make available via open source portals of the postsecondary higher educational institution that established the center. Furthermore, the department shall post these tools on its Internet Web site to serve as a resource for the state. (d) To endorse and disseminate low-cost, accessible detection and diagnosis tools for broad use by health professionals practicing in a variety of settings. (e) To address unique health disparities that exist within diverse populations, with special focus and attention on reaching African Americans, Latinos, and women. (f) To evaluate the educational effectiveness and measure the impact of these efforts, including pretests and posttests for health professionals, metrics, and documented practice change. (Added by Stats. 2016, Ch. 30, Sec. 8. (SB 833) Effective June 27, 2016.)
  176. 125285.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Alzheimer’s Disease [125275 - 125285] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    The department must provide public and professional education about Alzheimer’s disease, and may use sole-source contracts if it decides contracts are 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 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 4. Alzheimer’s Disease [125275 - 125285] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125285. The department shall provide public and professional education on Alzheimer’s disease to educate consumers, caregivers, and health care providers, and to increase public awareness. If the department determines that contracts are required to implement this section, the department may award these contracts on a sole source basis. The contracts shall not be subject to Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. Notwithstanding any other provision of law, the balance of funds appropriated pursuant to the Budget Act of 2000 for Alzheimer’s disease education shall be available for encumbrance and expenditure until June 30, 2003. (Added by Stats. 2000, Ch. 93, Sec. 35. Effective July 7, 2000.)
  177. 125286.10.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 5. Standards of Service for Providers of Blood Clotting Products for Home Use Act [125286.10 - 125286.35] ( Article 5 added by Stats. 2012, Ch. 75, Sec. 1. )

    Verify source ↗

    This article may be cited as the Standards of Service for Providers of Blood Clotting Products for Home Use 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 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 5. Standards of Service for Providers of Blood Clotting Products for Home Use Act [125286.10 - 125286.35] ( Article 5 added by Stats. 2012, Ch. 75, Sec. 1. ) ## 125286.10. This article shall be known, and may be cited, as the Standards of Service for Providers of Blood Clotting Products for Home Use Act. (Added by Stats. 2012, Ch. 75, Sec. 1. (AB 389) Effective January 1, 2013.)
  178. 125286.15.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 5. Standards of Service for Providers of Blood Clotting Products for Home Use Act [125286.10 - 125286.35] ( Article 5 added by Stats. 2012, Ch. 75, Sec. 1. )

    Verify source ↗

    The Legislature states findings about hemophilia and other bleeding disorders and says the article’s purpose is to set service standards for entities that deliver blood clotting products and related home-use 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 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 5. Standards of Service for Providers of Blood Clotting Products for Home Use Act [125286.10 - 125286.35] ( Article 5 added by Stats. 2012, Ch. 75, Sec. 1. ) ## 125286.15. The Legislature hereby finds and declares all of the following: (a) Hemophilia is a rare, hereditary, bleeding disorder affecting at least 4,000 persons in California and is a chronic, lifelong, and incurable, but treatable, disease. (b) Von Willebrand disease is a human bleeding disorder caused by a hereditary deficiency or abnormality of the von Willebrand factor in human blood, which is a protein that helps clot blood. Von Willebrand disease is a chronic, lifelong, incurable, but treatable, disease affecting at least 360,000 Californians. (c) Until the 1970s, people with severe hemophilia suffered from uncontrollable internal bleeding, crippling orthopedic deformities, and a shortened lifespan. More recently, the production of highly purified blood clotting factors has provided people with hemophilia and other bleeding disorders the opportunity to lead normal lives, free of pain and crippling arthritis. (d) The preferred method of treatment of hemophilia today is intravenous injection, or infusion, of prescription blood clotting products several times per week, along with case management and specialized medical care at a federally designated regional hemophilia treatment center. (e) Pharmacies and other entities specializing in the delivery of blood clotting products and related equipment, supplies, and services for home use form a growing enterprise in California. (f) Timely access to federally designated regional hemophilia centers and appropriate products and services in the home, including infusion of blood clotting products and related equipment, and supplies and services for persons with hemophilia and other bleeding disorders, reduces mortality and bleeding-related hospitalizations according to the federal Centers for Disease Control and Prevention and the Medical and Scientific Advisory Council of the National Hemophilia Foundation. (g) Eligible persons with hemophilia or other bleeding disorders may receive treatment through the Genetically Handicapped Persons Program, the California Children’s Services Program, and the Medi-Cal program. (h) For the benefit of persons with hemophilia or other bleeding disorders, the purposes of this article are to do the following: (1) Establish standards of service for entities that deliver blood clotting products and related equipment, supplies, and services for home use. (2) Promote access to a full range of essential, cost-effective, lifesaving, blood clotting products and related equipment, supplies, and high-quality services for home use for persons with hemophilia and other bleeding disorders. (Added by Stats. 2012, Ch. 75, Sec. 1. (AB 389) Effective January 1, 2013.)
  179. 125286.20.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 5. Standards of Service for Providers of Blood Clotting Products for Home Use Act [125286.10 - 125286.35] ( Article 5 added by Stats. 2012, Ch. 75, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the article on standards for providers of blood clotting products for home use.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 5. Standards of Service for Providers of Blood Clotting Products for Home Use Act [125286.10 - 125286.35] ( Article 5 added by Stats. 2012, Ch. 75, Sec. 1. ) ## 125286.20. Unless the context otherwise requires, the following definitions shall apply for purposes of this article: (a) “Assay” means the amount of a particular constituent of a mixture or of the biological or pharmacological potency of a drug. (b) “Ancillary infusion equipment and supplies” means the equipment and supplies required to infuse a blood clotting product into a human vein, including, but not limited to, syringes, needles, sterile gauze, field pads, gloves, alcohol swabs, numbing creams, tourniquets, medical tape, sharps or equivalent biohazard waste containers, and cold compression packs. (c) “Bleeding disorder” means a medical condition characterized by a deficiency or absence of one or more essential blood clotting proteins in the human blood, often called “factors,” including all forms of hemophilia and other bleeding disorders that, without treatment, result in uncontrollable bleeding or abnormal blood clotting. (d) “Blood clotting product” means an intravenously administered medicine manufactured from human plasma or recombinant biotechnology techniques, approved for distribution by the federal Food and Drug Administration, that is used for the treatment and prevention of symptoms associated with bleeding disorders. Blood clotting products include, but are not limited to, factor VII, factor VIIa, factor VIII, and factor IX products, von Willebrand factor products, bypass products for patients with inhibitors, and activated prothrombin complex concentrates. (e) “Emergency” means care as defined in Section 1317.1. (f) “Hemophilia” means a human bleeding disorder caused by a hereditary deficiency of the factor I, II, V, VIII, IX, XI, XII, or XIII blood clotting protein in human blood. (g) “Hemophilia treatment center” means a facility for the treatment of bleeding disorders, including, but not limited to, hemophilia, that receives funding specifically for the treatment of patients with bleeding disorders from federal government sources, including, but not limited to, the federal Centers for Disease Control and Prevention and the federal Health Resources and Services Administration (HRSA) of the United States Department of Health and Human Services. (h) “Home use” means infusion or other use of a blood clotting product in a place other than a state-recognized hemophilia treatment center or other clinical setting. Places where home use occurs include, without limitation, a home or other nonclinical setting. (i) “Patient” means a person needing a blood clotting product for home use. (j) (1) “Provider of blood clotting products for home use” means all the following pharmacies, except as described in Section 125286.35, that dispense blood clotting factors for home use: (A) Hospital pharmacies. (B) Health system pharmacies. (C) Pharmacies affiliated with hemophilia treatment centers. (D) Specialty home care pharmacies. (E) Retail pharmacies. (2) The providers described in this subdivision shall include a health care service plan and all its affiliated providers if the health care service plan exclusively contracts with a single medical group in a specified geographic area to provide professional services to its enrollees. (Amended by Stats. 2013, Ch. 76, Sec. 129. (AB 383) Effective January 1, 2014.)
  180. 125286.25.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 5. Standards of Service for Providers of Blood Clotting Products for Home Use Act [125286.10 - 125286.35] ( Article 5 added by Stats. 2012, Ch. 75, Sec. 1. )

    Verify source ↗

    Providers of blood clotting products for home use must meet specified service standards, including staffing, delivery timing, recall notices, recordkeeping, and HIPAA compliance.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 5. Standards of Service for Providers of Blood Clotting Products for Home Use Act [125286.10 - 125286.35] ( Article 5 added by Stats. 2012, Ch. 75, Sec. 1. ) ## 125286.25. Each provider of blood clotting products for home use shall meet all of the following requirements: (a) Have sufficient knowledge and understanding of bleeding disorders to accurately follow the instructions of the prescribing physician and ensure high-quality service for the patient and the medical and psychosocial management thereof, including, but not limited to, home therapy. (b) Have access to a provider with sufficient clinical experience providing services to persons with bleeding disorders that enables the provider to know when patients have an appropriate supply of clotting factor on hand and about proper storage and refrigeration of clotting factors. (c) Maintain 24-hour on-call service seven days a week for every day of the year, adequately screen telephone calls for emergencies, acknowledge all telephone calls within one hour or less, and have access to knowledgeable pharmacy staffing on call 24 hours a day, to initiate emergency requests for clotting factors. (d) Have the ability to obtain all brands of blood clotting products approved by the federal Food and Drug Administration in multiple assay ranges (low, medium, and high, as applicable) and vial sizes, including products manufactured from human plasma and those manufactured with recombinant biotechnology techniques, provided manufacturer supply exists and payer authorization is obtained. (e) Supply all necessary ancillary infusion equipment and supplies with each prescription, as needed. (f) Store and ship, or otherwise deliver, all blood clotting products in conformity with all state and federally mandated standards, including, but not limited to, the standards set forth in the product’s approved package insert (PI). (g) Upon receiving approved authorization for a nonemergency prescription, provided manufacturer supply exists, ship the prescribed blood clotting products and ancillary infusion equipment and supplies to the patient within two business days or less for established and new patients. (h) Upon receiving approved authorization to dispense a prescription for an emergency situation, provided manufacturer supply exists, deliver prescribed blood products, ancillary infusion equipment and supplies, and medications to the patient within 12 hours for patients living within 100 miles of a major metropolitan airport, and within one day for patients living more than 100 miles from a major metropolitan airport. (i) Provide patients who have ordered their products with a designated contact telephone number for reporting problems with a delivery and respond to these calls within a reasonable time period. (j) Provide patients with notification of Class 1 and Class 2 recalls and withdrawals of blood clotting products and ancillary infusion equipment within 24 hours of the provider of blood clotting products for home use receiving notification and participate in the National Patient Notification System for blood clotting product recalls. (k) Provide language interpretive services over the telephone or in person, as needed by the patient. (l) Have a detailed plan for meeting the requirements of this article in the event of a natural or manmade disaster or other disruption of normal business operations. (m) Provide appropriate and necessary recordkeeping and documentation as required by state and federal law and retain copies of the patient’s prescriptions. (n) Comply with the privacy and confidentiality requirements of the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). (Added by Stats. 2012, Ch. 75, Sec. 1. (AB 389) Effective January 1, 2013.)
  181. 125286.30.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 5. Standards of Service for Providers of Blood Clotting Products for Home Use Act [125286.10 - 125286.35] ( Article 5 added by Stats. 2012, Ch. 75, Sec. 1. )

    Verify source ↗

    The California State Board of Pharmacy administers and enforces 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 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 5. Standards of Service for Providers of Blood Clotting Products for Home Use Act [125286.10 - 125286.35] ( Article 5 added by Stats. 2012, Ch. 75, Sec. 1. ) ## 125286.30. The California State Board of Pharmacy shall administer and enforce this article. (Added by Stats. 2012, Ch. 75, Sec. 1. (AB 389) Effective January 1, 2013.)
  182. 125286.35.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 5. Standards of Service for Providers of Blood Clotting Products for Home Use Act [125286.10 - 125286.35] ( Article 5 added by Stats. 2012, Ch. 75, Sec. 1. )

    Verify source ↗

    This article does not apply to hospital pharmacies or health system pharmacies in the listed emergency, urgent care, inpatient, or discharge-with-supply situations.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Genetic Disease Services [125125 - 125286.35] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## ARTICLE 5. Standards of Service for Providers of Blood Clotting Products for Home Use Act [125286.10 - 125286.35] ( Article 5 added by Stats. 2012, Ch. 75, Sec. 1. ) ## 125286.35. Nothing in this article shall apply to either hospital pharmacies or health system pharmacies that dispense blood clotting products due only to emergency, urgent care, or inpatient encounters, or if an inpatient is discharged with a supply of blood clotting products for home use. (Added by Stats. 2012, Ch. 75, Sec. 1. (AB 389) Effective January 1, 2013.)
  183. 12529.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    “Safe and sane fireworks” are fireworks that meet CPSC approval and State Fire Marshal examination, testing, and compliance determination requirements.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) ## CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. ) ## 12529. “Safe and sane fireworks” means any fireworks that have been approved by the United States Consumer Product Safety Commission and that have been carefully examined and tested by the State Fire Marshal and determined by the State Fire Marshal that the fireworks meet and are in compliance with the general and specific standards for design, construction, performance, and labeling for safe and sane fireworks, as set forth in Chapter 6 (commencing with Section 979) of Division 1 of Title 19 of the California Code of Regulations, as it reads on July 1, 2023. (Amended by Stats. 2023, Ch. 368, Sec. 1. (AB 1403) Effective January 1, 2024.)
  184. 125290.10.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. California Stem Cell Research and Cures Bond Act [125290.10 - 125292.10] ( Chapter 3 added November 2, 2004, by initiative Proposition 71, Sec. 5, a bond act. ) ## ARTICLE 1. California Stem Cell Research and Cures Act [125290.10 - 125290.80] ( Article 1 added November 2, 2004, by initiative Proposition 71, Sec. 5. )

    Verify source ↗

    This section says the chapter implements Article XXXV of the California Constitution and refers to the California Institute for Regenerative Medicine.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. California Stem Cell Research and Cures Bond Act [125290.10 - 125292.10] ( Chapter 3 added November 2, 2004, by initiative Proposition 71, Sec. 5, a bond act. ) ## ARTICLE 1. California Stem Cell Research and Cures Act [125290.10 - 125290.80] ( Article 1 added November 2, 2004, by initiative Proposition 71, Sec. 5. ) ## 125290.10. General—Independent Citizen’s Oversight Committee (ICOC) This chapter implements Article XXXV of the California Constitution, which established the California Institute for Regenerative Medicine (institute). (Added November 2, 2004, by initiative Proposition 71, Sec. 5. Note: Prop. 71 is titled the California Stem Cell Research and Cures Act.)
  185. 125290.15.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. California Stem Cell Research and Cures Bond Act [125290.10 - 125292.10] ( Chapter 3 added November 2, 2004, by initiative Proposition 71, Sec. 5, a bond act. ) ## ARTICLE 1. California Stem Cell Research and Cures Act [125290.10 - 125290.80] ( Article 1 added November 2, 2004, by initiative Proposition 71, Sec. 5. )

    Verify source ↗

    This section creates the Independent Citizen’s Oversight Committee (ICOC) and gives it power over the institute.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. California Stem Cell Research and Cures Bond Act [125290.10 - 125292.10] ( Chapter 3 added November 2, 2004, by initiative Proposition 71, Sec. 5, a bond act. ) ## ARTICLE 1. California Stem Cell Research and Cures Act [125290.10 - 125290.80] ( Article 1 added November 2, 2004, by initiative Proposition 71, Sec. 5. ) ## 125290.15. Creation of the ICOC There is hereby created the Independent Citizen’s Oversight Committee, hereinafter, the ICOC, which shall govern the institute and is hereby vested with full power, authority, and jurisdiction over the institute. (Added November 2, 2004, by initiative Proposition 71, Sec. 5.)
  186. 125290.20.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. California Stem Cell Research and Cures Bond Act [125290.10 - 125292.10] ( Chapter 3 added November 2, 2004, by initiative Proposition 71, Sec. 5, a bond act. ) ## ARTICLE 1. California Stem Cell Research and Cures Act [125290.10 - 125290.80] ( Article 1 added November 2, 2004, by initiative Proposition 71, Sec. 5. )

    Verify source ↗

    This section sets out who appoints members of the ICOC, how long members serve, when appointments must be made, and how members may be removed.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. California Stem Cell Research and Cures Bond Act [125290.10 - 125292.10] ( Chapter 3 added November 2, 2004, by initiative Proposition 71, Sec. 5, a bond act. ) ## ARTICLE 1. California Stem Cell Research and Cures Act [125290.10 - 125290.80] ( Article 1 added November 2, 2004, by initiative Proposition 71, Sec. 5. ) ## 125290.20. ICOC Membership; Appointments; Terms of Office (a) ICOC Membership The ICOC shall have 35 members, appointed as follows: (1) The Chancellors of the University of California at San Francisco, Davis, San Diego, Los Angeles, Irvine, and Riverside shall each appoint an executive officer from his or her campus. In addition, the Chancellor of the University of California at San Francisco (UCSF) shall also appoint a faculty member, physician/scientist, researcher, or executive officer from the UCSF Fresno/Clovis campus to promote geographic diversity and access. (2) The Governor, the Lieutenant Governor, the Treasurer, and the Controller shall each appoint an executive officer from the following three categories: (A) A California university, excluding the seven campuses of the University of California described in paragraph (1), that has demonstrated success and leadership in stem cell research, other vital research opportunities, therapy development, or therapy delivery, and that has: (i) A nationally ranked research hospital and medical school; this criteria will apply to only two of the four appointments. (ii) A recent proven history of administering scientific and/or medical research grants and contracts in an average annual range exceeding one hundred million dollars ($100,000,000). (iii) A ranking, within the past five years, in the top 10 United States universities with the highest number of life science patents or that has research or clinical faculty who are members of the National Academy of Sciences. (iv) For purposes of this category, the Governor may appoint an executive officer from the California State University system who has an advanced degree in biological sciences. (B) A California nonprofit academic and research institution that is not a part of the University of California, that has demonstrated success and leadership in stem cell research, other vital research opportunities, therapy development, or therapy delivery and that has: (i) A nationally ranked research hospital or that has research or clinical faculty who are members of the National Academy of Sciences. (ii) A proven history in the last five years of managing a research budget in the life sciences exceeding twenty million dollars ($20,000,000) annually. (C) A California life science commercial entity that is not actively engaged in researching or developing therapies or therapy delivery with pluripotent or progenitor stem cells or genetic medical treatments that has a background in implementing or developing experimental medical therapies, including conducting human clinical trials, and that has not been awarded, or applied for, funding by the institute at the time of appointment. A board member of that entity who generally meets the same qualifications may be appointed in lieu of an executive officer. (D) Only one member shall be appointed from a single university, institution, or entity for the purposes of paragraph (2). The executive officer of a California university, a nonprofit research institution or life science commercial entity who is appointed as a member, may from time to time delegate those duties to an executive officer of the entity or to the dean of the medical school, if applicable. (3) The Governor, the Lieutenant Governor, the Treasurer, and the Controller shall appoint members from among California representatives of California regional, state, or national disease advocacy groups, as follows: (A) The Governor shall appoint three members, one from each of the following disease advocacy groups: spinal cord injury; Alzheimer’s disease; and mental health conditions. (B) The Lieutenant Governor shall appoint three members, one from each of the following disease advocacy groups: type II diabetes; multiple sclerosis or amyotrophic lateral sclerosis; and mental health conditions. (C) The Treasurer shall appoint two members, one from each of the following disease groups: type I diabetes and heart disease. (D) The Controller shall appoint two members, one from each of the following disease groups: cancer and Parkinson’s disease. (4) The Speaker of the Assembly shall appoint a member from among California representatives of a California regional, state, or national mental health disease or mental health conditions advocacy group. (5) The President pro Tempore of the Senate shall appoint a member from among California representatives of a California regional, state, or national HIV/AIDS disease advocacy group. (6) The Treasurer and Controller shall each appoint a nurse with experience in clinical trial management or stem cell or genetic therapy delivery. (7) A chairperson and vice chairperson who shall be elected by the ICOC members. Each constitutional officer shall nominate a candidate for chairperson and another candidate for vice chairperson. The chairperson and vice chairperson shall each be elected for a term of six years. The chairperson and vice chairperson of ICOC shall be full- or part-time employees of the institute and shall meet the following criteria: (A) Mandatory Chairperson Criteria (i) Documented history in successful stem cell research or other vital research opportunity in therapy development or therapy delivery advocacy. (ii) Experience with state and federal legislative processes that must include some experience with medical legislative approvals of standards and/or funding. (iii) Qualified for appointment pursuant to paragraph (3), (4), or (5) of subdivision (a). (iv) Cannot be concurrently employed by or on leave from any prospective grant or loan recipient institutions in California. (B) Additional Criteria for Consideration: (i) Experience with governmental agencies or institutions (either executive or board position). (ii) Experience with the process of establishing government standards and procedures. (iii) Legal experience with the legal review of proper governmental authority for the exercise of government agency or government institutional powers. (iv) Direct knowledge and experience in bond financing. The vice chairperson shall satisfy clauses (i), (iii), and (iv) of subparagraph (A). The vice chairperson shall be selected from among individuals who have attributes and experience complementary to those of the chairperson, preferably covering the criteria not represented by the chairperson’s credentials and experience. (b) Appointment of ICOC Members (1) All appointments shall be made within 40 days of the effective date of this act. In the event that any of the appointments are not completed within the permitted timeframe, the ICOC shall proceed to operate with the appointments that are in place, provided that at least 60 percent of the appointments have been made. (2) Forty-five days after the effective date of this act, the Controller and the Treasurer, or if only one is available within 45 days, the other shall convene a meeting of the appointed members of the ICOC to elect a chairperson and vice chairperson from among the individuals nominated by the constitutional officers pursuant to paragraph (7) of subdivision (a). (c) ICOC Member Terms of Office (1) The members appointed pursuant to paragraphs (1), (3), (4), (5), and (6) of subdivision (a) shall serve eight-year terms, and all other members shall serve six-year terms. Members shall serve a maximum of two terms, unless earlier removed pursuant to paragraph (5). (2) If a vacancy occurs within a term, the appointing authority shall appoint a replacement member within 90 days to serve the remainder of the term. (3) When a term expires, the appointing authority shall appoint a member within 90 days. ICOC members shall continue to serve until their replacements are appointed. (4) Notwithstanding paragraph (1), the appointing authority may replace a member, other than the chairperson or vice chairperson, who has served, as of the effective date of the act adding this paragraph, at least half of the member’s current term, by appointing a new member, who shall be eligible to serve a full term. These appointments shall be made within 90 days of the effective date of the initiative adding this paragraph. (5) The ICOC may, by a vote of 60 percent of a quorum, recommend the removal of a member by the member’s appointing authority, or in the case of the chairperson and the vice chairperson, the nominating authority or nominating authorities, if more than one constitutional officer nominated the chairperson or vice chairperson. The appointing authority or nominating authority or authorities in the case of the chairperson and vice chairperson, shall have the authority to remove the member, chairperson, or vice chairperson, respectively, upon receipt of the ICOC’s recommendation. If more than one constitutional officer nominated the chairperson or vice chairperson, each of them must agree in order to remove the chairperson or vice chairperson. (Amended November 3, 2020, by initiative Proposition 14, Sec. 9. Effective December 16, 2020. Note: This section was added on Nov. 2, 2004, by initiative Prop. 71.)
  187. 125290.25.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. California Stem Cell Research and Cures Bond Act [125290.10 - 125292.10] ( Chapter 3 added November 2, 2004, by initiative Proposition 71, Sec. 5, a bond act. ) ## ARTICLE 1. California Stem Cell Research and Cures Act [125290.10 - 125290.80] ( Article 1 added November 2, 2004, by initiative Proposition 71, Sec. 5. )

    Verify source ↗

    ICOC actions may be taken only by a majority vote of a quorum of the ICOC.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. California Stem Cell Research and Cures Bond Act [125290.10 - 125292.10] ( Chapter 3 added November 2, 2004, by initiative Proposition 71, Sec. 5, a bond act. ) ## ARTICLE 1. California Stem Cell Research and Cures Act [125290.10 - 125290.80] ( Article 1 added November 2, 2004, by initiative Proposition 71, Sec. 5. ) ## 125290.25. Majority Vote of Quorum Actions of the ICOC may be taken only by a majority vote of a quorum of the ICOC. (Added November 2, 2004, by initiative Proposition 71, Sec. 5.)
  188. 125290.35.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. California Stem Cell Research and Cures Bond Act [125290.10 - 125292.10] ( Chapter 3 added November 2, 2004, by initiative Proposition 71, Sec. 5, a bond act. ) ## ARTICLE 1. California Stem Cell Research and Cures Act [125290.10 - 125290.80] ( Article 1 added November 2, 2004, by initiative Proposition 71, Sec. 5. )

    Verify source ↗

    The ICOC must set scientific and medical standards for stem cell research and related grants, including consent, human-subject review, no compensation to donors or participants, expense reimbursement, privacy compliance, payment limits for stem cells, a cell-extraction time limit, and standards for genetic medical treatments.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. California Stem Cell Research and Cures Bond Act [125290.10 - 125292.10] ( Chapter 3 added November 2, 2004, by initiative Proposition 71, Sec. 5, a bond act. ) ## ARTICLE 1. California Stem Cell Research and Cures Act [125290.10 - 125290.80] ( Article 1 added November 2, 2004, by initiative Proposition 71, Sec. 5. ) ## 125290.35. Medical and Scientific Accountability Standards (a) Medical Standards In order to avoid duplication or conflicts in technical standards for scientific and medical research, with alternative state programs, the institute will develop its own scientific and medical standards to carry out the specific controls and intent of the act, notwithstanding Sections 125300, 125320, 125118, 125119, 125119.3, and 125119.5, or any other current or future state laws or regulations dealing with the study and research of pluripotent stem cells and/or progenitor cells, or other vital research opportunities, except Section 125315. The ICOC, its working committees, and its grantees shall be governed solely by the provisions of this act in the establishment of standards, the award of grants, and the conduct of grants awarded pursuant to this act. (b) The ICOC shall establish standards as follows: (1) Informed Consent Standards for obtaining the informed consent of research donors, patients, or participants, which initially shall be generally based on the standards in place on January 1, 2003, for all research funded by the National Institutes of Health, with modifications to adapt to the mission and objectives of the institute. (2) Controls on Research Involving Humans Standards for the review of research involving human subjects which initially shall be generally based on the Institutional Review Board standards promulgated by the National Institutes of Health and in effect on January 1, 2003, with modifications to adapt to the mission and objectives of the institute. (3) Prohibition on Compensation Standards prohibiting compensation to research donors or participants, while permitting reimbursement of expenses. (4) Permitted Reimbursement Standards permitting reimbursement for expenses, including, but not limited to, medical expenses and lodging, meals, and travel expenses, for research participants and caregivers in order to ensure functional access to clinical trials. For purposes of this paragraph, “caregivers” includes family members, friends, and professional caregivers providing supportive care. (5) Patient Privacy Laws Standards to assure compliance with state and federal patient privacy laws. (6) Limitations on Payments for Cells Standards limiting payments for the purchase of stem cells or stem cell lines to reasonable payment for the removal, processing, disposal, preservation, quality control, storage, transplantation, or implantation or legal costs or other administrative costs associated with these medical procedures and specifically including any required payments for medical or scientific technologies, products, or processes for royalties, patent, or licensing fees or other costs for intellectual property. (7) Time Limits for Obtaining Cells Standards setting a limit on the time during which cells may be extracted from blastocysts, which shall initially be up to 12 days after cell division begins, not counting any time during which the blastocysts and/or cells have been stored frozen. (8) Standards for Genetic Medical Treatments and Research Standards for research involving genetic medical treatments that shall, in the ICOC’s discretion, generally be based on the standards adopted by the National Academy of Sciences. (Amended November 3, 2020, by initiative Proposition 14, Sec. 11. Effective on December 16, 2020. Note: This section was added on Nov. 2, 2004, by initiative Prop. 71.)
  189. 125290.40.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. California Stem Cell Research and Cures Bond Act [125290.10 - 125292.10] ( Chapter 3 added November 2, 2004, by initiative Proposition 71, Sec. 5, a bond act. ) ## ARTICLE 1. California Stem Cell Research and Cures Act [125290.10 - 125290.80] ( Article 1 added November 2, 2004, by initiative Proposition 71, Sec. 5. )

    Verify source ↗

    The ICOC is given broad powers to oversee the institute, make research and grant decisions, issue reports, adopt rules, and manage funding and conflict-of-interest standards.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. California Stem Cell Research and Cures Bond Act [125290.10 - 125292.10] ( Chapter 3 added November 2, 2004, by initiative Proposition 71, Sec. 5, a bond act. ) ## ARTICLE 1. California Stem Cell Research and Cures Act [125290.10 - 125290.80] ( Article 1 added November 2, 2004, by initiative Proposition 71, Sec. 5. ) ## 125290.40. ICOC Functions The ICOC shall perform the following functions: (a) Oversee the operations of the institute. (b) Develop annual and long-term strategic research and financial plans for the institute. (c) Make final decisions on research standards and grant awards in California across the research and therapy development and delivery spectrum, from stem cell discovery research and early development to clinical trials and therapy delivery. (d) Ensure the completion of an annual financial audit of the institute’s operations. (e) Issue public reports on the activities of the institute. (f) Develop and implement programs to enhance patient access to affordable stem cell and related treatments and cures through public hospitals and clinics and establish policies regarding intellectual property rights arising from research funded by the institute. (g) Establish and oversee the institute’s research, therapy development, and therapy delivery programs, including, but not limited to, the Alpha Stem Cell Clinics and Community Care Centers of Excellence, training and fellowship, and shared research laboratory programs. (h) Establish and oversee the development of policies and programs to help make treatments and cures arising from institute-funded research available and affordable for California patients, through engagement with health care providers, research and therapy development institutions, businesses, governmental agencies, philanthropists, foundations, and patient advocacy groups, and based on recommendations made by the Treatments and Cures Accessibility and Affordability Working Group. (i) Establish rules and guidelines for the operation of the ICOC and its working groups. (j) Perform all other acts necessary or appropriate in the exercise of its power, authority, and jurisdiction over the institute. (k) Select members of the working groups. (l) Adopt, amend, and rescind rules and regulations to carry out the purposes and provisions of this chapter, and to govern the procedures of the ICOC. Except as provided in subdivision (m), these rules and regulations shall be adopted in accordance with the Administrative Procedure Act (Government Code, Title 2, Division 3, Part 1, Chapter 3.5, Sections 11340 et seq.). (m) Notwithstanding the Administrative Procedure Act (APA), and in order to facilitate the immediate commencement of research covered by this chapter, the ICOC may adopt interim regulations without compliance with the procedures set forth in the APA. The interim regulations shall remain in effect for 270 days unless earlier superseded by regulations adopted pursuant to the APA. For purposes of subdivision (l), requests for applications, program announcements, and notices of award shall not be considered regulations. (n) Request the issuance of bonds from the California Stem Cell Research and Cures Finance Committee and loans from the Pooled Money Investment Board. (o) May annually modify its funding and finance programs to optimize the institute’s ability to achieve the objective that its activities be revenue-positive for the State of California during its first five years of operation without jeopardizing the progress of its core medical and scientific research program. (p) Notwithstanding Section 11005 of the Government Code, accept additional revenue and real and personal property, including, but not limited to, gifts, royalties, interest, and appropriations that may be used to supplement annual research grant funding and the operations of the institute. (q) Subject to the restrictions set forth in this article, develop conflict of interest standards, and at its discretion, consult with the National Academy of Sciences and the Scientific and Medical Accountability Standards Working Group, for the consideration of funding awards based on best practices established by the National Academy of Sciences to prevent conflicts of interest in the award of research funding and update those standards no less than every four years to be, at the ICOC’s discretion, generally aligned with standards adopted by the National Academy of Sciences, subject to the constitutional and statutory requirements applicable to the institute. (Amended November 3, 2020, by initiative Proposition 14, Sec. 12. Effective on December 16, 2020. Note: This section was added on Nov. 2, 2004, by initiative Prop. 71.)
  190. 125290.45.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. California Stem Cell Research and Cures Bond Act [125290.10 - 125292.10] ( Chapter 3 added November 2, 2004, by initiative Proposition 71, Sec. 5, a bond act. ) ## ARTICLE 1. California Stem Cell Research and Cures Act [125290.10 - 125290.80] ( Article 1 added November 2, 2004, by initiative Proposition 71, Sec. 5. )

    Verify source ↗

    ICOC may sue and be sued, hire outside counsel in limited circumstances, and enter contracts allowed by law. It must manage staffing limits and set compensation-related standards, while grantees must protect the institute from liability tied to grant research.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. California Stem Cell Research and Cures Bond Act [125290.10 - 125292.10] ( Chapter 3 added November 2, 2004, by initiative Proposition 71, Sec. 5, a bond act. ) ## ARTICLE 1. California Stem Cell Research and Cures Act [125290.10 - 125290.80] ( Article 1 added November 2, 2004, by initiative Proposition 71, Sec. 5. ) ## 125290.45. ICOC Operations (a) Legal Actions and Liability (1) The institute may sue and be sued. (2) Based upon ICOC standards, institute grantees shall indemnify or insure and hold the institute harmless against any and all losses, claims, damages, expenses, or liabilities, including attorneys’ fees, arising from research conducted by the grantee pursuant to the grant, and/or, in the alternative, grantees shall name the institute as an additional insured and submit proof of such insurance. (3) Given the scientific, medical, and technical nature of the issues facing the ICOC, and notwithstanding Section 11042 of the Government Code, the institute is authorized to retain outside counsel when the ICOC determines that the institute requires specialized services not provided by the Attorney General’s office. (4) The institute may enter into any contracts or obligations which are authorized or permitted by law. (b) Personnel (1) The ICOC shall from time to time determine the total number of authorized employees for the institute, which number shall not exceed 70 employees (full-time equivalent), excluding members of the working groups and members of the ICOC, who shall not be considered institute employees, and excluding up to 15 additional institute employees (full-time equivalent) to support the development of policies and programs to help make treatments and cures arising from institute-funded research available and affordable for Californians. The cap on employees shall not apply to employees funded through sources other than bond proceeds or the General Fund. The ICOC shall select a chairperson, vice chairperson, and president who shall exercise all of the powers delegated to them by the ICOC. The following functions apply to the chairperson, vice chairperson, and president: (A) The chairperson’s primary responsibilities are to manage the ICOC agenda and workflow including all evaluations and approvals of scientific and medical working group grants, loans, facilities, and standards evaluations, and to supervise all annual reports and public accountability requirements; to manage and optimize the institute’s bond financing plans and funding cashflow plan; to interface with the California Legislature, the United States Congress, the California health care system, and the California public; to optimize all financial leverage opportunities for the institute, including, without limitation, generating matching or supplemental funds through collaborations with other states, nations, territories, or institutions; and to lead negotiations for intellectual property agreements, policies, and contract terms. The chairperson shall also serve as a member of the Treatments and Cures Accessibility and Affordability Working Group, the Scientific and Medical Accountability Standards Working Group, and the Scientific and Medical Research Facilities Working Group and as an ex officio member of the Scientific and Medical Research Funding Working Group. The vice chairperson’s primary responsibilities are to support the chairperson in all duties and to carry out those duties in the chairperson’s absence. (B) The president’s primary responsibilities are to serve as the chief executive of the institute; to recruit the highest scientific and medical talent in the United States to serve the institute on its working groups; to serve the institute on its working groups; to direct ICOC staff and participate in the process of supporting all working group requirements to develop recommendations on grants, loans, facilities, and standards as well as to direct and support the ICOC process of evaluating and acting on those recommendations, the implementation of all decisions on these and general matters of the ICOC; to hire, direct, and manage the staff of the institute; to develop the budgets and cost control programs of the institute; to manage compliance with all rules and regulations of the ICOC, including the performance of all grant recipients; and to manage and execute all intellectual property agreements and any other contracts pertaining to the institute or research it funds. (2) Each member of the ICOC except, the chairperson, vice chairperson, and the members appointed pursuant to paragraphs (3), (4), (5), and (6) of subdivision (a) of Section 125290.20, who shall be compensated pursuant to paragraph (3), shall receive a per diem of one hundred dollars ($100) per day (adjusted annually for cost of living) for each day actually spent in the discharge of the member’s duties, plus reasonable and necessary travel and other expenses incurred in the performance of the member’s duties. (3) The ICOC shall establish daily consulting rates and expense reimbursement standards for the members of all of its working groups, including the members of the ICOC appointed pursuant to paragraphs (3), (4), (5), and (6) of subdivision (a) of Section 125290.20. The daily consulting rate shall include time spent in preparation for, and participation in, institute, working group, and ICOC meetings and shall include compensation and expense reimbursement for caregivers when necessary to facilitate a member’s participation in a meeting as a result of the member’s medical condition. (4) Notwithstanding Section 19825 of the Government Code, the ICOC shall set compensation for the chairperson, vice chairperson, and president and other officers, and for the scientific, medical, technical, and administrative staff of the institute within the range of compensation levels for executive officers and scientific, medical, technical, and administrative staff of medical schools within the University of California system and the nonprofit academic and research institutions described in paragraph (2) of subdivision (a) of Section 125290.20, and travel expense reimbursement rates and moving and relocation expense limits. (Amended November 3, 2020, by initiative Proposition 14, Sec. 13. Effective on December 16, 2020. Note: This section was added on Nov. 2, 2004, by initiative Prop. 71.)
  191. 125290.55.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. California Stem Cell Research and Cures Bond Act [125290.10 - 125292.10] ( Chapter 3 added November 2, 2004, by initiative Proposition 71, Sec. 5, a bond act. ) ## ARTICLE 1. California Stem Cell Research and Cures Act [125290.10 - 125290.80] ( Article 1 added November 2, 2004, by initiative Proposition 71, Sec. 5. )

    Verify source ↗

    The Scientific and Medical Accountability Standards Working Group has 19 members and may make recommendations and advice to the ICOC and related groups on scientific, medical, ethical, and regulatory standards.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. California Stem Cell Research and Cures Bond Act [125290.10 - 125292.10] ( Chapter 3 added November 2, 2004, by initiative Proposition 71, Sec. 5, a bond act. ) ## ARTICLE 1. California Stem Cell Research and Cures Act [125290.10 - 125290.80] ( Article 1 added November 2, 2004, by initiative Proposition 71, Sec. 5. ) ## 125290.55. Scientific and Medical Accountability Standards Working Group (a) Membership The Scientific and Medical Accountability Standards Working Group shall have 19 members as follows: (1) Five ICOC members from the 10 groups that focus on disease-specific areas described in paragraphs (3), (4), and (5) of subdivision (a) of Section 125290.20 or from the members appointed pursuant to paragraph (6) of subdivision (a) of Section 125290.20. (2) Nine scientists and clinicians nationally recognized in the field of pluripotent and progenitor cell research. (3) Four medical ethicists. (4) The Chairperson of the ICOC. (b) Functions The Scientific and Medical Accountability Standards Working Group shall have the following functions: (1) To recommend to the ICOC scientific, medical, and ethical standards. (2) To recommend to the ICOC standards for all medical, socioeconomic, and financial aspects of clinical trials and therapy delivery to patients, including, among others, standards for safe and ethical procedures for obtaining materials and cells for research and clinical efforts for the appropriate treatment of human subjects in medical research consistent with paragraph (2) of subdivision (b) of Section 125290.35, and to ensure compliance with patient privacy laws. (3) To recommend to the ICOC modification of the standards described in paragraphs (1) and (2) as needed. (4) To make recommendations to the ICOC on the oversight of funded research to ensure compliance with the standards described in paragraphs (1) and (2). (5) To advise the ICOC, the Scientific and Medical Research Funding Working Group, and the Scientific and Medical Research Facilities Working Group, on an ongoing basis, on relevant ethical and regulatory issues. (Amended November 3, 2020, by initiative Proposition 14, Sec. 15. Effective on December 16, 2020. Note: This section was added on Nov. 2, 2004, by initiative Prop. 71.)
  192. 125290.60.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. California Stem Cell Research and Cures Bond Act [125290.10 - 125292.10] ( Chapter 3 added November 2, 2004, by initiative Proposition 71, Sec. 5, a bond act. ) ## ARTICLE 1. California Stem Cell Research and Cures Act [125290.10 - 125290.80] ( Article 1 added November 2, 2004, by initiative Proposition 71, Sec. 5. )

    Verify source ↗

    The Working Group must have at least 23 members and carry out review, recommendation, oversight, and audit-related functions for the ICOC.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. California Stem Cell Research and Cures Bond Act [125290.10 - 125292.10] ( Chapter 3 added November 2, 2004, by initiative Proposition 71, Sec. 5, a bond act. ) ## ARTICLE 1. California Stem Cell Research and Cures Act [125290.10 - 125290.80] ( Article 1 added November 2, 2004, by initiative Proposition 71, Sec. 5. ) ## 125290.60. Scientific and Medical Research Funding Working Group (a) Membership The Scientific and Medical Research Funding Working Group shall have at least 23 members as follows: (1) Seven ICOC members from the 12 disease advocacy group members described in paragraphs (3), (4), and (5) of subdivision (a) of Section 125290.20 or from the members described in paragraph (6) of subdivision (a) of Section 125290.20. (2) At least 15 scientists nationally recognized in the field of stem cell research or other vital research opportunities, 15 of whom shall be designated to serve on each expert review panel. (3) The Chairperson of the ICOC. (b) Functions The Scientific and Medical Research Funding Working Group shall perform the following functions: (1) Recommend to the ICOC interim and final criteria, standards, and requirements for considering funding applications and for awarding research grants and loans. (2) Recommend to the ICOC standards for the scientific and medical oversight of awards. (3) Recommend to the ICOC any modifications of the criteria, standards, and requirements described in paragraphs (1) and (2) above as needed. (4) Review grant and loan applications based on the criteria, requirements, and standards adopted by the ICOC and make recommendations to the ICOC for the award of research, therapy development, clinical trial, and therapy delivery grants and loans. (5) Conduct expert peer review and progress oversight reviews of grantees to ensure compliance with the terms of the award, and report to the ICOC any recommendations for subsequent action. (6) Recommend to the ICOC standards for the evaluation of grantees to ensure that they comply with all applicable requirements. Such standards shall mandate periodic reporting by grantees and shall authorize the Scientific and Medical Research Funding Working Group to audit a grantee and forward any recommendations for action to the ICOC. (7) Recommend its first grant awards within 60 days of the issuance of the interim standards. (c) Recommendations for Awards Award recommendations shall be based upon a competitive evaluation as follows: An expert peer review panel shall consist of both scientists and patient advocates. There shall be 15 scientists on each expert peer review panel. Only the scientist members of the Scientific and Medical Research Funding Working Group shall score grant and loan award applications for scientific merit. Such scoring shall be based on scientific merit in three separate classifications—research, therapy development, and clinical trials, on criteria including the following: (1) A demonstrated record of achievement in the areas of pluripotent stem cell and progenitor cell biology and medicine, or in other vital research opportunities. (2) The quality of the research proposal, the potential for achieving significant research, or clinical results, the timetable for realizing such significant results, the importance of the research objectives, and the innovativeness of the proposed research. (3) In order to ensure that institute funding does not duplicate or supplant existing funding, a high priority shall be placed on funding pluripotent stem cell and progenitor cell research that cannot, or is unlikely to, receive timely or sufficient federal funding, unencumbered by limitations that would impede the research. In this regard, other research categories funded by the National Institutes of Health shall not be funded by the institute, unless such research funding is not timely or sufficient. (4) Notwithstanding paragraph (3), other scientific and medical research and technologies and/or any stem cell research proposal not actually funded by the institute under paragraph (3) may be funded by the institute if at least two-thirds of a quorum of the members of the Scientific and Medical Research Funding Working Group recommend to the ICOC, or if a majority of a quorum of the members of the ICOC determine, that such a research proposal is a vital research opportunity. (Amended November 3, 2020, by initiative Proposition 14, Sec. 16. Effective on December 16, 2020. Note: This section was added on Nov. 2, 2004, by initiative Prop. 71.)
  193. 125290.65.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. California Stem Cell Research and Cures Bond Act [125290.10 - 125292.10] ( Chapter 3 added November 2, 2004, by initiative Proposition 71, Sec. 5, a bond act. ) ## ARTICLE 1. California Stem Cell Research and Cures Act [125290.10 - 125290.80] ( Article 1 added November 2, 2004, by initiative Proposition 71, Sec. 5. )

    Verify source ↗

    This section sets out the membership and duties of the Scientific and Medical Research Facilities Working Group, including limits on certain real estate specialists and requirements for grant-related recommendations and prevailing wage payments.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. California Stem Cell Research and Cures Bond Act [125290.10 - 125292.10] ( Chapter 3 added November 2, 2004, by initiative Proposition 71, Sec. 5, a bond act. ) ## ARTICLE 1. California Stem Cell Research and Cures Act [125290.10 - 125290.80] ( Article 1 added November 2, 2004, by initiative Proposition 71, Sec. 5. ) ## 125290.65. Scientific and Medical Facilities Working Group (a) Membership The Scientific and Medical Research Facilities Working Group shall have 11 members as follows: (1) Six members of the Scientific and Medical Research Funding Working Group. (2) Four real estate specialists.To be eligible to serve on the Scientific and Medical Research Facilities Working Group, a real estate specialist shall be a resident of California, shall be prohibited from receiving compensation from any construction or development entity providing specialized services for medical research facilities, and shall not provide real estate facilities brokerage services for any applicant for, or any funding by the Scientific and Medical Research Facilities Working Group and shall not receive compensation from any recipient of institute funding grants. (3) The Chairperson of the ICOC. (b) Functions The Scientific and Medical Research Facilities Working Group shall perform the following functions: (1) Make recommendations to the ICOC on interim and final criteria, requirements, and standards for applications for, and the awarding of, grants and loans for buildings, building leases, and capital equipment; those standards and requirements shall include, among others: (A) Facility milestones and timetables for achieving such milestones. (B) Priority for applications that provide for facilities that will be available for research no more than two years after the grant award. (C) The requirement that all funded facilities and equipment be located solely within California. (D) The requirement that grantees comply with reimbursable building cost standards, competitive building leasing standards, capital equipment cost standards, and reimbursement standards and terms recommended by the Scientific and Medical Facilities Funding Working Group, and adopted by the ICOC. (E) The requirement that grantees shall pay all workers employed on construction or modification of the facility funded by facilities grants or loans of the institute, the general prevailing rate of per diem wages for work of a similar character in the locality in which work on the facility is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. (F) The requirement that grantees be not-for-profit entities. (G) The requirement that awards be made on a competitive basis, with the following minimum requirements: (i) That the grantee secure matching funds from sources other than the institute equal to at least 20 percent of the award. Applications of equivalent merit, as determined by the Scientific and Medical Research Funding Working Group, considering research opportunities to be conducted in the proposed research facility, shall receive priority to the extent that they provide higher matching fund amounts. The Scientific and Medical Research Facilities Working Group may recommend waiving the matching fund requirement in extraordinary cases of high merit or urgency. (ii) That capital equipment costs and capital equipment loans be allocated when equipment costs can be recovered in part by the grantee from other users of the equipment. (2) Make recommendations to the ICOC on oversight procedures to ensure grantees’ compliance with the terms of an award. (Added November 2, 2004, by initiative Proposition 71, Sec. 5.)
  194. 125290.70.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. California Stem Cell Research and Cures Bond Act [125290.10 - 125292.10] ( Chapter 3 added November 2, 2004, by initiative Proposition 71, Sec. 5, a bond act. ) ## ARTICLE 1. California Stem Cell Research and Cures Act [125290.10 - 125290.80] ( Article 1 added November 2, 2004, by initiative Proposition 71, Sec. 5. )

    Verify source ↗

    This section directs how the California Stem Cell Research and Cures Fund money must be allocated, sets limits on administrative and indirect costs, and requires repayment of a temporary loan to the General Fund.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. California Stem Cell Research and Cures Bond Act [125290.10 - 125292.10] ( Chapter 3 added November 2, 2004, by initiative Proposition 71, Sec. 5, a bond act. ) ## ARTICLE 1. California Stem Cell Research and Cures Act [125290.10 - 125290.80] ( Article 1 added November 2, 2004, by initiative Proposition 71, Sec. 5. ) ## 125290.70. Appropriation and Allocation of Funding (a) Moneys in the California Stem Cell Research and Cures Fund shall be allocated as follows: (1) (A) No less than 97 percent of the proceeds of the bonds authorized pursuant to Section 125291.30, after allocation of bond proceeds to purposes described in paragraphs (4) and (5) of subdivision (a) of Section 125291.20, shall be used for grants and grant oversight as provided in this chapter. (B) Not less than 90 percent of the amount used for grants shall be used for research grants, with no more than the following amounts as stipulated below to be committed during the first 10 years of grant making by the institute, with each year’s commitments to be advanced over a period of one to seven years, except that any such funds that are not committed may be carried over to one or more following years. The maximum amount of research funding to be allocated annually as follows: Year 1, 5.6 percent; Year 2, 9.4 percent; Year 3, 9.4 percent; Year 4, 11.3 percent; Year 5, 11.3 percent; Year 6, 11.3 percent; Year 7, 11.3 percent; Year 8, 11.3 percent; Year 9, 11.3 percent; and Year 10, 7.5 percent. (C) Not more than 3 percent of the proceeds of bonds authorized by Section 125291.30 may be used by the institute for research and research facilities implementation costs, including the development, administration, and oversight of the grant making process and the operations of the working groups. (2) Not more than 3 percent of the proceeds of the bonds authorized pursuant to Section 125291.30 shall be used for the costs of general administration of the institute. (3) In any single year any new research funding to any single grantee for any program year is limited to no more than 2 percent of the total bond authorization under this chapter. This limitation shall be considered separately for each new proposal without aggregating any prior year approvals that may fund research activities. This requirement shall be determinative, unless 65 percent of a quorum of the ICOC approves a higher limit for that grantee. (4) Recognizing the priority of immediately building facilities that ensure the independence of the scientific and medical research of the institute, up to 10 percent of the proceeds of the bonds authorized pursuant to Section 125291.30, net of costs described in paragraphs (2), (4), and (5) of subdivision (a) of Section 125291.20 shall be allocated for grants to build scientific and medical research facilities of nonprofit entities which are intended to be constructed in the first five years. (5) The institute shall limit indirect costs to 25 percent of a research award, excluding amounts included in a facilities award, except that the indirect cost limitation may be increased by that amount by which the grantee provides matching funds in excess of 20 percent of the grant amount. (b) To enable the institute to commence operating during the first six months following the adoption of the measure adding this chapter, there is hereby appropriated from the General Fund as a temporary start-up loan to the institute three million dollars ($3,000,000) for initial administrative and implementation costs. All loans to the institute pursuant to this appropriation shall be repaid to the General Fund within 12 months of each loan draw from the proceeds of bonds sold pursuant to Section 125291.30. (c) The institute’s funding schedule is designed to create a positive tax revenue stream for the State of California during the institute’s first five calendar years of operations, without drawing funds from the General Fund for principal and interest payments for those first five calendar years. (Added November 2, 2004, by initiative Proposition 71, Sec. 5.)
  195. 125290.70.5.

    ## 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 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. California Stem Cell Research and Cures Bond Act [125290.10 - 125292.10] ( Chapter 3 added November 2, 2004, by initiative Proposition 71, Sec. 5, a bond act. ) ## ARTICLE 1. California Stem Cell Research and Cures Act [125290.10 - 125290.80] ( Article 1 added November 2, 2004, by initiative Proposition 71, Sec. 5. )

    Verify source ↗

    The institute must allocate bond and fund money according to set percentage limits for grants, administration, and related 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 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. California Stem Cell Research and Cures Bond Act [125290.10 - 125292.10] ( Chapter 3 added November 2, 2004, by initiative Proposition 71, Sec. 5, a bond act. ) ## ARTICLE 1. California Stem Cell Research and Cures Act [125290.10 - 125290.80] ( Article 1 added November 2, 2004, by initiative Proposition 71, Sec. 5. ) ## 125290.70.5. Appropriation and Allocation of Funding (a) Moneys in the California Stem Cell Research and Cures Fund shall be allocated as follows: (1) (A) No less than 95.5 percent of the proceeds of the bonds authorized pursuant to Section 125291.110, net of bond proceeds allocated to purposes described in paragraphs (4) and (5) of subdivision (a) of Section 125291.100, shall be used for grants and grant oversight as provided in this chapter. (B) Not less than 98 percent of the proceeds of bonds used for grants shall be used for research, therapy development, and therapy delivery grants, with no more than the following amounts, as stipulated below, to be committed during the first 10 years following the effective date of the initiative adding this subparagraph, with each year’s funding commitments to be advanced over a period of one to seven years, except that any such funds that are not committed may be carried over to one or more following years. The maximum amount of research funding to be allocated annually is as follows: year 1, 11 percent; year 2, 11 percent; years 3 through 10, 9 percent; and year 11 and each year thereafter, 6 percent cumulatively. To accomplish the goals of Section 125290.75, up to 2 percent of the amount available for grants may be used for research consulting in support of access to, and the affordability of, treatments and cures arising from institute-funded research and therapy development and delivery, as determined by the governing board of the institute based on the recommendations of the Treatments and Cures Accessibility and Affordability Working Group and the president. (C) Not more than 3 percent of the proceeds of bonds authorized by Section 125291.110 may be used by the institute for research and research facilities implementation costs, including the development, administration, and oversight of the grant-making process. (2) (A) Not more than 3.5 percent of the proceeds of the bonds authorized pursuant to Section 125291.110 shall be used for the costs of general administration of the institute. (B) Not more than 1 percent of the proceeds of the bonds authorized pursuant to Section 125291.110 may be used by the institute to pay for the costs of up to 15 full-time employees over 10 to 15 or more years, including, but not limited to, administrative support, facilities costs, salary, benefits, travel reimbursement, and meeting costs, to support the work of the institute to develop policies and programs to help Californians obtain access to human clinical trials, therapies, mitigating treatments, and cures arising from institute-funded research and to promote the accessibility and affordability of human clinical trials, treatments, and cures for Californians. (3) In any single year, any new research funding to any single grantee for any program year is limited to no more than 1 percent of the total bonds authorized pursuant to Section 125291.110. This limitation shall be considered separately for each new proposal without aggregating any prior year approvals that may fund research activities. This requirement shall be determinative, unless 65 percent of a quorum of the ICOC approves a higher limit for that grantee. (4) Up to 1.5 percent of the proceeds of the bonds authorized pursuant to Section 125291.110, net of costs described in paragraphs (2), (4), and (5) of subdivision (a) of Section 125291.100, shall be allocated for grants to build, equip, or fund operations of Community Care Centers of Excellence and up to one-half of 1 percent shall be allocated to build or equip shared labs, which are intended to be operational in the first five years following the effective date of the initiative adding this section. Funding received by a grantee from an institute award for construction shall be subject to prevailing wage laws. (5) The institute shall limit indirect costs to no more than 25 percent of a research award, excluding amounts included in a facilities award, except that the indirect cost limitation may be increased by that amount by which the grantee provides matching funds in excess of 20 percent of the grant amount. (b) The institute’s funding schedule is designed to create a positive tax revenue stream for the State of California during the first five calendar years following the voters’ approval of the initiative adding this section, without drawing funds from the state General Fund for principal and interest payments for those first five calendar years. (c) The institute shall allocate at least one billion five hundred million dollars ($1,500,000,000) of the proceeds of the bonds authorized pursuant to Section 125291.110 to make grants for research, therapy development, and therapy delivery involving diseases and conditions of the brain and central nervous system, including, but not limited to, Alzheimer’s disease, Parkinson’s disease, stroke, dementia, epilepsy, schizophrenia, depression, traumatic brain injury, brain cancer, and autism, and for grant oversight and general administration costs associated with these grants and loans, subject to the limits in subparagraph (C) of paragraph (1) and subparagraph (A) of paragraph (2) of subdivision (a). (d) The allocation of the proceeds of bonds authorized pursuant to Section 125291.30 shall continue to be governed by Section 125290.70. (Added November 3, 2020, by initiative Proposition 14, Sec. 17. Effective on December 16, 2020.)
  196. 125290.71.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. California Stem Cell Research and Cures Bond Act [125290.10 - 125292.10] ( Chapter 3 added November 2, 2004, by initiative Proposition 71, Sec. 5, a bond act. ) ## ARTICLE 1. California Stem Cell Research and Cures Act [125290.10 - 125290.80] ( Article 1 added November 2, 2004, by initiative Proposition 71, Sec. 5. )

    Verify source ↗

    The institute must create a transition plan for the end of current bond funding by January 31, 2012, and send a copy to the Governor, Controller, and Legislature within 30 days after it is completed.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. California Stem Cell Research and Cures Bond Act [125290.10 - 125292.10] ( Chapter 3 added November 2, 2004, by initiative Proposition 71, Sec. 5, a bond act. ) ## ARTICLE 1. California Stem Cell Research and Cures Act [125290.10 - 125290.80] ( Article 1 added November 2, 2004, by initiative Proposition 71, Sec. 5. ) ## 125290.71. Under the guidance of the ICOC, the institute shall, by January 31, 2012, create a transition plan addressing the expiration of current bond funding. A copy of the transition plan shall be transmitted to the Governor, the Controller, and the Legislature within 30 days of its completion. (Added by Stats. 2010, Ch. 637, Sec. 7. (SB 1064) Effective January 1, 2011.)
  197. 125290.72.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. California Stem Cell Research and Cures Bond Act [125290.10 - 125292.10] ( Chapter 3 added November 2, 2004, by initiative Proposition 71, Sec. 5, a bond act. ) ## ARTICLE 1. California Stem Cell Research and Cures Act [125290.10 - 125290.80] ( Article 1 added November 2, 2004, by initiative Proposition 71, Sec. 5. )

    Verify source ↗

    The institute must expand and run the clinic and care center programs, prioritize certain grant applications, and require grant applications to include access plans.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. California Stem Cell Research and Cures Bond Act [125290.10 - 125292.10] ( Chapter 3 added November 2, 2004, by initiative Proposition 71, Sec. 5, a bond act. ) ## ARTICLE 1. California Stem Cell Research and Cures Act [125290.10 - 125290.80] ( Article 1 added November 2, 2004, by initiative Proposition 71, Sec. 5. ) ## 125290.72. Expand Alpha Stem Cell Clinic Program and Establish Community Care Centers of Excellence Program (a) The institute shall expand the Alpha Stem Cell Clinic Program and establish the Community Care Centers of Excellence Program to fund the establishment of centers of excellence where clinical trials are conducted and treatments and cures are made available for all patients. The goal of the Community Care Centers of Excellence Program is to expand the capacity of the Alpha Stem Cell Clinic Program to promote access to human clinical trials and the accessibility of treatments and cures arising from institute-funded research for patients in California by establishing geographically diverse centers of excellence to conduct clinical trials and to seek to make the resulting treatments and cures broadly available to California patients. (b) The institute shall prioritize the funding of applications for Community Care Centers of Excellence that enhance the geographic distribution of Community Care Centers of Excellence across the state, considering the location of the Alpha Stem Cell Clinics, to promote patient access. The institute shall prioritize applications for Alpha Stem Cell Clinics and Community Care Centers of Excellence that offer matching funds or verified in-kind support, consistent with the highest medical standards, as established by the governing board of the institute. (c) Applications for Alpha Stem Cell Clinic and Community Care Centers of Excellence grants shall be required to include a plan for enhancing access to clinical trials for California patients and making treatments and cures that arise from institute-funded research more widely available to California patients, including addressing how the applicant will support the ancillary hospital and access costs of patients participating in clinical trials to enhance access to trials for California patients, regardless of their economic means and geographical location. (d) Alpha Stem Cell Clinic and Community Care Centers of Excellence awards shall be made pursuant to the procedures set forth in Article 1 (commencing with Section 125290.10) of Chapter 3 of Part 5 of Division 106. (Added November 3, 2020, by initiative Proposition 14, Sec. 4. Effective on December 16, 2020.)
  198. 125290.73.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. California Stem Cell Research and Cures Bond Act [125290.10 - 125292.10] ( Chapter 3 added November 2, 2004, by initiative Proposition 71, Sec. 5, a bond act. ) ## ARTICLE 1. California Stem Cell Research and Cures Act [125290.10 - 125290.80] ( Article 1 added November 2, 2004, by initiative Proposition 71, Sec. 5. )

    Verify source ↗

    The institute must establish training and fellowship programs.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. California Stem Cell Research and Cures Bond Act [125290.10 - 125292.10] ( Chapter 3 added November 2, 2004, by initiative Proposition 71, Sec. 5, a bond act. ) ## ARTICLE 1. California Stem Cell Research and Cures Act [125290.10 - 125290.80] ( Article 1 added November 2, 2004, by initiative Proposition 71, Sec. 5. ) ## 125290.73. Scientific and Medical Training and Fellowship Programs (a) The institute shall establish training and fellowship programs. The goal of the training and fellowship programs shall be to: (1) Ensure that California has the workforce necessary to move new discoveries from the research stage to the clinic. (2) Accelerate the accessibility of treatments and cures, and make treatments and cures arising from institute-funded research available to California patients. (3) Prepare California undergraduates and master’s students for careers in stem cell research and other vital research opportunities and in the development and delivery of treatments and cures. (4) Support graduate students, postdoctoral students, and medical students, including, but not limited to, interns, residents, and graduate fellows who work in the fields of stem cell and other vital research opportunities and in the development and delivery of treatments and cures, with fellowships. (b) (1) (A) The program shall provide awards to California Community Colleges and California State University campuses to establish training programs to prepare undergraduates and provide fellowships for master’s graduate students for advanced degrees and technical careers in stem cell research and other vital research opportunities and the development and delivery of treatments and cures, including hands-on training and education in stem cell research and other vital research opportunities and in the development and delivery of treatments and cures. Direct patient engagement and outreach activities that engage California’s diverse communities to ensure that all communities are aware of, and have access to, institute-funded treatments and cures shall be a priority outcome of this program. The institute shall prioritize the funding of applications from institutions that enhance the geographic distribution of training across the state and socio-economic diversity and applications that offer matching funds or verified in-kind support. (B) The institute may establish coinvestment, sponsored apprenticeships as part of the training program in order to leverage the institute’s funding and create employment opportunities for students in technical positions that advance the fields of stem cell and other vital research opportunities and the development and delivery of treatments and cures. (2) (A) The fellowship program shall provide awards to academic and nonprofit research institutions in California to administer fellowship awards to graduate and postdoctoral students and medical school students, including, but not limited to, interns, residents, and graduate fellows, engaged in stem cell research and other vital research opportunities and the development and delivery of treatments and cures. Fellowship awards may be freestanding or supplemental of other sources of funding. (B) The institute may establish a program to empower fellows to work in Alpha Stem Cell Clinics and Community Care Centers of Excellence as part of their participation in the fellowship program. (c) Training and fellowship program awards shall be made pursuant to the procedures set forth in Article 1 (commencing with Section 125290.10) of Chapter 3 of Part 5 of Division 106. (Added November 3, 2020, by initiative Proposition 14, Sec. 5. Effective on December 16, 2020.)
  199. 125290.74.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. California Stem Cell Research and Cures Bond Act [125290.10 - 125292.10] ( Chapter 3 added November 2, 2004, by initiative Proposition 71, Sec. 5, a bond act. ) ## ARTICLE 1. California Stem Cell Research and Cures Act [125290.10 - 125290.80] ( Article 1 added November 2, 2004, by initiative Proposition 71, Sec. 5. )

    Verify source ↗

    The institute must run a Shared Research Laboratory Program and give funding for specified research support. Grant recipients must let researchers use the lab and provide reasonable access plans and training opportunities.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. California Stem Cell Research and Cures Bond Act [125290.10 - 125292.10] ( Chapter 3 added November 2, 2004, by initiative Proposition 71, Sec. 5, a bond act. ) ## ARTICLE 1. California Stem Cell Research and Cures Act [125290.10 - 125290.80] ( Article 1 added November 2, 2004, by initiative Proposition 71, Sec. 5. ) ## 125290.74. Shared Research Laboratory Program (a) The institute shall reestablish a Shared Research Laboratory Program to provide funding to academic and nonprofit research institutions in California for specialized instrumentation, a supply of cell lines, culture materials, and instruction and training in research methods and techniques. Awardees of Shared Research Laboratory grants shall be required to offer use of the research laboratory to investigators conducting research at the awardee institution and provide a reasonable access plan for neighboring research institutions, and to offer instruction and training opportunities to students and investigators at the awardee institution and provide a reasonable access plan for neighboring research institutions. (b) The institute shall prioritize the funding of applications that enhance the geographic distribution of Shared Research Laboratories across the state and applications that offer matching funds or verified in-kind support. (c) Shared Research Laboratory Program awards shall be made pursuant to the procedures set forth in Article 1 (commencing with Section 125290.10) of Chapter 3 of Part 5 of Division 106. (Added November 3, 2020, by initiative Proposition 14, Sec. 6. Effective on December 16, 2020.)
  200. 125290.75.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. California Stem Cell Research and Cures Bond Act [125290.10 - 125292.10] ( Chapter 3 added November 2, 2004, by initiative Proposition 71, Sec. 5, a bond act. ) ## ARTICLE 1. California Stem Cell Research and Cures Act [125290.10 - 125290.80] ( Article 1 added November 2, 2004, by initiative Proposition 71, Sec. 5. )

    Verify source ↗

    This section creates the Treatments and Cures Accessibility and Affordability Working Group, sets its membership at 17, and gives it advisory and implementation-related functions on access, affordability, clinical trials, and reimbursement.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS [124975 - 125292.10] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 3. California Stem Cell Research and Cures Bond Act [125290.10 - 125292.10] ( Chapter 3 added November 2, 2004, by initiative Proposition 71, Sec. 5, a bond act. ) ## ARTICLE 1. California Stem Cell Research and Cures Act [125290.10 - 125290.80] ( Article 1 added November 2, 2004, by initiative Proposition 71, Sec. 5. ) ## 125290.75. Treatments and Cures Accessibility and Affordability Working Group (a) Membership The Treatments and Cures Accessibility and Affordability Working Group shall have 17 members, nominated by the chairperson or vice chairperson and approved by the board, as follows: (1) Five members of the ICOC (the governing board), with at least two of those members drawn from the appointments made pursuant to paragraph (3), (4), (5), or (6) of subdivision (a) of Section 125290.20. (2) An individual who has private sector experience in innovative therapy medical coverage terms, qualifications, and the process for reimbursement, including, if possible, experience with coverage negotiations with private insurers, health management organizations, or corporate self-insurance health plans. (3) An expert or a highly knowledgeable individual with experience in federal therapy coverage, qualifications, and process for reimbursement, including, if possible, experience with the federal Centers for Medicare and Medicaid Services. (4) An expert or a highly knowledgeable individual with experience in California’s public insurance program (Covered California), coverage, qualifications, and the process for reimbursement of innovative therapies. (5) Two representatives from hospitals in California that are participating in stem cell clinical trials or that are treating patients with federal Food and Drug Administration approved stem cell or genetic therapies. (6) A representative from a philanthropic organization who has experience assisting patients with clinical trial access and affordability or with access to, and the affordability of, innovative therapies. (7) Two representatives from patient advocacy organizations who have technical expertise or experience in coverage, qualifications, and the process for reimbursement of innovative therapies. (8) A health care economist with experience in advising or negotiating with private insurers, government insurers, or corporate self-insurance programs on coverage for innovative therapies or human trials, including experience in assisting hospitals and clinics in covering financial gaps in coverage of the direct and indirect costs of innovative therapies. (9) A patient navigator with training and experience helping patients obtain financial support from private insurers, public support, or nonprofit support, and helping patients obtain social service support to facilitate their participation in federal Food and Drug Administration approved human trials or their qualification for access and financial assistance for innovative therapies. (10) The chairperson and vice chairperson of the governing board. (b) Functions The Treatments and Cures Accessibility and Affordability Working Group shall have the following functions: (1) Examine, develop, and assist with the implementation of financial models to enhance the accessibility and affordability of treatments and cures arising from institute-funded research for Californians and to enhance access to clinical trials, including reimbursement alternatives for patient-qualified costs to help achieve the objective that reimbursement covers patient expenses, including, but not limited to, medical expenses, lodging, meals, and travel for research participants and their caregivers. (2) Recommend to the governing board policies and programs to help Californians obtain access to human clinical trials and to make treatments and cures arising from institute-funded research available to California patients throughout California. (3) Recommend to the governing board policies and programs to help Californians afford to participate in human clinical trials and to make treatments and cures arising from institute-funded research affordable to California patients, regardless of their financial means. (4) Work with the Alpha Stem Cell Clinics and Community Care Centers of Excellence and other California health care institutions, and health care payors, including private insurers, government programs, and foundations, to develop model programs and coverage models to promote the access and affordability of treatments and cures arising from institute-funded research for California patients, regardless of their financial means, or the disease, injury, or health condition from which they suffer. (5) Advise the governing board regarding the coverage criteria and the process for reimbursement of innovative therapies and cures arising from institute-funded research and made available to patients through publicly or privately funded programs in California with the goal of expanding access and affordability. (Added November 3, 2020, by initiative Proposition 14, Sec. 7. Effective on December 16, 2020.)

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

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