Health and Safety Code — Part 27 | HSC — United States — California law | Esheria

Health and Safety Code

Part 27 of 87 · provisions 5,201–5,400

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

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

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Provisions of Health and Safety Code

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  1. 125290.76.

    ## Health and Safety Code - 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. )

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    The chairperson and the president may create advisory task forces, and if they do, they must appoint equal numbers of members and include at least one patient advocate perspective.

    ## Health and Safety Code - 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. ) ## 125290.76. Advisory Task Forces (a) Membership The chairperson and the president may appoint one or more advisory task forces to provide expert guidance to address specific objectives in areas under the institute’s jurisdiction, including scientific, policy, ethical, financial, and technical matters. The chairperson and president shall each appoint an equal number of members with expertise in the area or areas for which advice is sought, including at least one member who has a patient advocate perspective. (b) Functions The advisory task forces shall advise the board through the chairperson and the president, regarding scientific, policy, financial, ethical, and technical matters under the institute’s jurisdiction. (c) Operations (1) The advisory task forces shall be advisory only and their operations shall be subject to the requirements applicable to working groups pursuant to Section 125290.50, provided that the advisory task forces shall meet in public when they vote on policy recommendations. (2) Members of the advisory task forces shall be subject to the conflict of interest requirements applicable to members of the working groups, provided that the advisory task forces shall not review, comment upon, or have jurisdiction over, any individual grant or loan approval. (Added November 3, 2020, by initiative Proposition 14, Sec. 8. Effective on December 16, 2020.)
  2. 125290.80.

    ## Health and Safety Code - 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. )

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    Certain grantees or exclusive licensees must submit a drug access plan to CIRM within the stated deadlines, and CIRM must review the plan with public participation.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 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. ) ## 125290.80. The intellectual property standards that the ICOC develops shall include: (a) A requirement that each grantee or the exclusive licensee of the grantee submit a plan to CIRM to afford access to any drug that is, in whole or in part, the result of research funded by CIRM to Californians who have no other means to purchase the drug. The access plan must be consistent with industry standards at the time of commercialization in California, accounting for the size of the market for the drug, and the resources of the grantee or exclusive licensee. (b) A requirement that the grantee or exclusive licensee either submit the plan required by subdivision (a), seek an extension from CIRM, or notify CIRM of its intention to seek a waiver, within 10 business days following final approval of the drug by the federal Food and Drug Administration. If the grantee seeks an extension, the plan must be submitted within 30 business days following final approval of the drug by the federal Food and Drug Administration. The plan shall be subject to the approval of CIRM, after a public hearing and opportunity for public comment. (c) A process by which the ICOC may waive the requirement in subdivision (a) if the ICOC determines, after a public hearing, that in the absence of the waiver, development and broad delivery of the drug will be unreasonably hindered or that the waiver will provide significant benefits that equal or exceed the benefits that would otherwise flow to the state pursuant to subdivision (a). The process shall include the requirement that a request for a waiver shall be posted on CIRM’s Internet Web site for a minimum of 10 business days in advance of the public hearing and that CIRM shall notify the Legislature if the ICOC grants a waiver request, including the reasons that justified the waiver request. (d) Procedures to protect from public disclosure proprietary information submitted by grantees and exclusive licensees to CIRM pursuant to this section. (Added by Stats. 2010, Ch. 637, Sec. 8. (SB 1064) Effective January 1, 2011.)
  3. 125291.10.

    ## 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 2. California Stem Cell Research and Cures Bond Act of 2004 [125291.10 - 125291.85] ( Article 2 added November 2, 2004, by initiative Proposition 71, Sec. 5. )

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    This section says the article is known as, and may be cited as, the California Stem Cell Research and Cures Bond Act of 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 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 2. California Stem Cell Research and Cures Bond Act of 2004 [125291.10 - 125291.85] ( Article 2 added November 2, 2004, by initiative Proposition 71, Sec. 5. ) ## 125291.10. This article shall be known, and may be cited, as the California Stem Cell Research and Cures Bond Act of 2004. (Added November 2, 2004, by initiative Proposition 71, Sec. 5.)
  4. 125291.15.

    ## 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 2. California Stem Cell Research and Cures Bond Act of 2004 [125291.10 - 125291.85] ( Article 2 added November 2, 2004, by initiative Proposition 71, Sec. 5. )

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    This section defines key terms used in the article.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 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 2. California Stem Cell Research and Cures Bond Act of 2004 [125291.10 - 125291.85] ( Article 2 added November 2, 2004, by initiative Proposition 71, Sec. 5. ) ## 125291.15. As used in this article, the California Stem Cell Research and Cures Bond Act of 2004, the following terms have the following meaning: (a) “Act” means the California Stem Cell Research and Cures Bond Act constituting Chapter 3 (commencing with Section 125290.10) of Part 5 of Division 106. (b) “Board” or “institute” means the California Institute for Regenerative Medicine designated in accordance with subdivision (b) of Section 125291.40. (c) “Committee” means the California Stem Cell Research and Cures Finance Committee created pursuant to subdivision (a) of Section 125291.40. (d) “Fund” means the California Stem Cell Research and Cures Fund created pursuant to Section 125291.25. (e) “Interim debt” means any interim loans pursuant to Sections 125291.60 and 125291.65, bond anticipation notes or commercial paper notes issued to make deposits into the fund and which will be paid from the proceeds of bonds issued pursuant to this article. (Amended November 3, 2020, by initiative Proposition 14, Sec. 18. Effective on December 16, 2020. Note: This section was added on Nov. 2, 2004, by initiative Prop. 71.)
  5. 125291.20.

    ## 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 2. California Stem Cell Research and Cures Bond Act of 2004 [125291.10 - 125291.85] ( Article 2 added November 2, 2004, by initiative Proposition 71, Sec. 5. )

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    Money in the fund is appropriated to the institute for specified research, administration, debt, and bond-related uses.

    ## Health and Safety Code - 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 2. California Stem Cell Research and Cures Bond Act of 2004 [125291.10 - 125291.85] ( Article 2 added November 2, 2004, by initiative Proposition 71, Sec. 5. ) ## 125291.20. (a) Notwithstanding Section 13340 of the Government Code or any other provision of law, moneys in the fund are appropriated without regard to fiscal years to the institute for the purpose of (1) making grants or loans to fund research and construct facilities for research, all as described in and pursuant to the act, (2) paying general administrative costs of the institute (not to exceed 3 percent of the net proceeds of each sale of bonds), (3) paying the annual administration costs of the interim debt or bonds after December 31 of the fifth full calendar year after this article takes effect, (4) paying the costs of issuing interim debt, paying the annual administration costs of the interim debt until and including December 31 of the fifth full calendar year after this article takes effect, and paying interest on interim debt, if such interim debt is incurred or issued on or prior to December 31 of the fifth full calendar year after this article takes effect, and (5) paying the costs of issuing bonds, paying the annual administration costs of the bonds until and including December 31 of the fifth full calendar year after this article takes effect, and paying interest on bonds that accrues on or prior to December 31 of the fifth full calendar year after this article takes effect (except that such limitation does not apply to premium and accrued interest as provided in Section 125291.70). In addition, moneys in the fund or other proceeds of the sale of bonds authorized by this article may be used to pay principal of or redemption premium on any interim debt issued prior to the issuance of bonds authorized by this article. Moneys deposited in the fund from the proceeds of interim debt may be used to pay general administrative costs of the institute without regard to the 3 percent limit set forth in (2) above, so long as such 3 percent limit is satisfied for each issue of bonds. (b) Repayment of principal and interest on any loans made by the institute pursuant to this article shall be deposited in the fund and used to make additional grants and loans for the purposes of this act or for paying continuing costs of the annual administration of outstanding bonds. (Added November 2, 2004, by initiative Proposition 71, Sec. 5.)
  6. 125291.25.

    ## 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 2. California Stem Cell Research and Cures Bond Act of 2004 [125291.10 - 125291.85] ( Article 2 added November 2, 2004, by initiative Proposition 71, Sec. 5. )

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    Bond proceeds must be deposited in the State Treasury to the credit of the California Stem Cell Research and Cures Fund, unless the proceeds are used directly to repay interim debt.

    ## Health and Safety Code - 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 2. California Stem Cell Research and Cures Bond Act of 2004 [125291.10 - 125291.85] ( Article 2 added November 2, 2004, by initiative Proposition 71, Sec. 5. ) ## 125291.25. The proceeds of interim debt and bonds issued and sold pursuant to this article shall be deposited in the State Treasury to the credit of the California Stem Cell Research and Cures Fund, which is hereby created in the State Treasury, except to the extent that proceeds of the issuance of bonds are used directly to repay interim debt. (Added November 2, 2004, by initiative Proposition 71, Sec. 5.)
  7. 125291.30.

    ## 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 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 2. California Stem Cell Research and Cures Bond Act of 2004 [125291.10 - 125291.85] ( Article 2 added November 2, 2004, by initiative Proposition 71, Sec. 5. )

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    Up to $3 billion in bonds may be issued and sold for the article’s purposes, excluding certain refunding bonds; the State of California pledges its full faith and credit for payment of principal and interest.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 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 2. California Stem Cell Research and Cures Bond Act of 2004 [125291.10 - 125291.85] ( Article 2 added November 2, 2004, by initiative Proposition 71, Sec. 5. ) ## 125291.30. Bonds in the total amount of three billion dollars ($3,000,000,000), not including the amount of any refunding bonds issued in accordance with Section 125291.75, or as much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this article and to be used and sold for carrying out the purposes of Section 125291.20 and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, shall be and shall constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both the principal of, and interest on, the bonds as the principal and interest become due and payable. (Added November 2, 2004, by initiative Proposition 71, Sec. 5.)
  8. 125291.35.

    ## 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 2. California Stem Cell Research and Cures Bond Act of 2004 [125291.10 - 125291.85] ( Article 2 added November 2, 2004, by initiative Proposition 71, Sec. 5. )

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    Bonds authorized by this article must be handled under the State General Obligation Bond Law, except for subdivisions (a) and (b) of Government Code Section 16727.

    ## Health and Safety Code - 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 2. California Stem Cell Research and Cures Bond Act of 2004 [125291.10 - 125291.85] ( Article 2 added November 2, 2004, by initiative Proposition 71, Sec. 5. ) ## 125291.35. The bonds authorized by this article shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law, as amended from time to time, except subdivisions (a) and (b) of Section 16727 of the Government Code apply to the bonds and to this article and are hereby incorporated in this article as though set forth in full in this article. (Amended November 3, 2020, by initiative Proposition 14, Sec. 19. Effective on December 16, 2020. Note: This section was added on Nov. 2, 2004, by initiative Prop. 71.)
  9. 125291.40.

    ## 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 2. California Stem Cell Research and Cures Bond Act of 2004 [125291.10 - 125291.85] ( Article 2 added November 2, 2004, by initiative Proposition 71, Sec. 5. )

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    This section creates the California Stem Cell Research and Cures Finance Committee for bond issuance purposes, names its members, makes the Treasurer its chair, and allows a majority of the committee to 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 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 2. California Stem Cell Research and Cures Bond Act of 2004 [125291.10 - 125291.85] ( Article 2 added November 2, 2004, by initiative Proposition 71, Sec. 5. ) ## 125291.40. (a) Solely for the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law, of the bonds and interim debt authorized by this article, the California Stem Cell Research and Cures Finance Committee is hereby created. For purposes of this article, the California Stem Cell Research and Cures Finance Committee is “the committee” as that term is used in the State General Obligation Bond Law. The committee consists of the Treasurer, the Controller, the Director of Finance, the Chairperson of the California Institute for Regenerative Medicine, and two other members of the Independent Citizens Oversight Committee (as created by the act) chosen by the Chairperson of the California Institute for Regenerative Medicine, or their designated representatives. The Treasurer shall serve as chairperson of the committee. A majority of the committee may act for the committee. (b) For purposes of the State General Obligation Bond Law, the California Institute for Regenerative Medicine is designated the “board.” (Added November 2, 2004, by initiative Proposition 71, Sec. 5.)
  10. 125291.45.

    ## 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 2. California Stem Cell Research and Cures Bond Act of 2004 [125291.10 - 125291.85] ( Article 2 added November 2, 2004, by initiative Proposition 71, Sec. 5. )

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    The committee must decide whether to issue bonds under this article, and if so how much. Bond issuance in any calendar year starting in 2005 cannot exceed $350 million, and the committee may delegate bond-issuance authority to the Treasurer.

    ## Health and Safety Code - 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 2. California Stem Cell Research and Cures Bond Act of 2004 [125291.10 - 125291.85] ( Article 2 added November 2, 2004, by initiative Proposition 71, Sec. 5. ) ## 125291.45. (a) The committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this article in order to carry out the actions specified in this article and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. The bonds may bear interest which is includable in gross income for federal income tax purposes if the committee determines that such treatment is necessary in order to provide funds for the purposes of the act. (b) The total amount of the bonds authorized by Section 125291.30 which may be issued in any calendar year, commencing in 2005, shall not exceed three hundred fifty million dollars ($350,000,000). If less than this amount of bonds is issued in any year, the remaining permitted amount may be carried over to one or more subsequent years. (c) An interest-only floating rate bond structure will be implemented for interim debt and bonds until at least December 31 of the fifth full calendar year after this article takes effect, with all interest to be paid from proceeds from the sale of interim debt or bonds, to minimize debt service payable from the General Fund during the initial period of basic research and therapy development, if the committee determines, with the advice of the Treasurer, that this structure will result in the lowest achievable borrowing costs for the state during that five-year period considering the objective of avoiding any bond debt service payments, by the General Fund, during that period. Upon such initial determination, the committee may delegate, by resolution, to the Treasurer such authority in connection with issuance of bonds as it may determine, including, but not limited to, the authority to implement and continue this bond financing structure (including during any time following the initial five-year period) and to determine that an alternate financing plan would result in significant lower borrowing costs for the state consistent with the objectives related to the General Fund and to implement such alternate financing plan. (Added November 2, 2004, by initiative Proposition 71, Sec. 5.)
  11. 125291.50.

    ## Health and Safety Code - 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 2. California Stem Cell Research and Cures Bond Act of 2004 [125291.10 - 125291.85] ( Article 2 added November 2, 2004, by initiative Proposition 71, Sec. 5. )

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    Each year, an additional sum must be collected to pay bond principal and interest, and revenue-collection officers must do whatever is necessary to collect it.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 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 2. California Stem Cell Research and Cures Bond Act of 2004 [125291.10 - 125291.85] ( Article 2 added November 2, 2004, by initiative Proposition 71, Sec. 5. ) ## 125291.50. There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds maturing each year. It is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act that is necessary to collect that additional sum. (Added November 2, 2004, by initiative Proposition 71, Sec. 5.)
  12. 125291.55.

    ## 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 2. California Stem Cell Research and Cures Bond Act of 2004 [125291.10 - 125291.85] ( Article 2 added November 2, 2004, by initiative Proposition 71, Sec. 5. )

    Verify source ↗

    This section appropriates money from the General Fund for this article.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 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 2. California Stem Cell Research and Cures Bond Act of 2004 [125291.10 - 125291.85] ( Article 2 added November 2, 2004, by initiative Proposition 71, Sec. 5. ) ## 125291.55. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this article, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this article, as the principal and interest become due and payable. (b) The sum necessary to carry out Section 125291.60 appropriated without regard to fiscal years. (Added November 2, 2004, by initiative Proposition 71, Sec. 5.)
  13. 125291.60.

    ## 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 2. California Stem Cell Research and Cures Bond Act of 2004 [125291.10 - 125291.85] ( Article 2 added November 2, 2004, by initiative Proposition 71, Sec. 5. )

    Verify source ↗

    The Director of Finance may authorize withdrawals from the General Fund for this article, but only within the limits tied to unsold authorized bonds and related offsets. Any withdrawn money must be deposited in the fund and later returned to the General Fund with interest.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 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 2. California Stem Cell Research and Cures Bond Act of 2004 [125291.10 - 125291.85] ( Article 2 added November 2, 2004, by initiative Proposition 71, Sec. 5. ) ## 125291.60. For the purpose of carrying out this article, the Director of Finance may authorize the withdrawal from the General Fund of an amount or amounts, not to exceed the amount of the unsold bonds that have been authorized by the committee, to be sold for the purpose of carrying out this article, excluding any refunding bonds authorized pursuant to Section 125291.75, less any amount loaned pursuant to Section 125291.65 and not yet repaid, and any amount withdrawn from the General Fund pursuant to this section and not yet returned to the General Fund. Any amount withdrawn shall be deposited in the fund. Any money made available under this section shall be returned to the General Fund, plus an amount equal to the interest that the money would have earned in the Pooled Money Investment Account, from money received from the sale of bonds for the purpose of carrying out this article. (Amended November 3, 2020, by initiative Proposition 14, Sec. 20. Effective on December 16, 2020. Note: This section was added on Nov. 2, 2004, by initiative Prop. 71.)
  14. 125291.65.

    ## 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 2. California Stem Cell Research and Cures Bond Act of 2004 [125291.10 - 125291.85] ( Article 2 added November 2, 2004, by initiative Proposition 71, Sec. 5. )

    Verify source ↗

    The institute may request a loan from the Pooled Money Investment Board, and if it does, it must sign required documents and deposit the loaned money in the 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 2. California Stem Cell Research and Cures Bond Act of 2004 [125291.10 - 125291.85] ( Article 2 added November 2, 2004, by initiative Proposition 71, Sec. 5. ) ## 125291.65. The institute may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account in accordance with Section 16312 of the Government Code for the purposes of carrying out this article, excluding any refunding bonds authorized pursuant to Section 125291.75, less any amount loaned pursuant to this section and not yet repaid, and any amount withdrawn from the General Fund pursuant to Section 125291.60 and not yet returned to the General Fund. The amount of the request shall not exceed the amount of the unsold bonds that the committee, by resolution, has authorized to be sold for the purpose of carrying out this article. The institute shall execute any documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the institute in accordance with this article. (Amended November 3, 2020, by initiative Proposition 14, Sec. 21. Effective on December 16, 2020. Note: This section was added on Nov. 2, 2004, by initiative Prop. 71.)
  15. 125291.70.

    ## 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 2. California Stem Cell Research and Cures Bond Act of 2004 [125291.10 - 125291.85] ( Article 2 added November 2, 2004, by initiative Proposition 71, Sec. 5. )

    Verify source ↗

    Money in the fund from bond premium and accrued interest must be kept in the fund and made available to transfer to the General Fund as credit for bond-interest expenditures.

    ## Health and Safety Code - 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 2. California Stem Cell Research and Cures Bond Act of 2004 [125291.10 - 125291.85] ( Article 2 added November 2, 2004, by initiative Proposition 71, Sec. 5. ) ## 125291.70. All money deposited in the fund that is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest, except that amounts derived from premium may be reserved and used to pay costs of issuance prior to any transfer to the General Fund. (Amended November 3, 2020, by initiative Proposition 14, Sec. 22. Effective on December 16, 2020. Note: This section was added on Nov. 2, 2004, by initiative Prop. 71.)
  16. 125291.75.

    ## 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 2. California Stem Cell Research and Cures Bond Act of 2004 [125291.10 - 125291.85] ( Article 2 added November 2, 2004, by initiative Proposition 71, Sec. 5. )

    Verify source ↗

    Bonds issued and sold under this article may be refunded under the Government Code refunding provisions.

    ## Health and Safety Code - 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 2. California Stem Cell Research and Cures Bond Act of 2004 [125291.10 - 125291.85] ( Article 2 added November 2, 2004, by initiative Proposition 71, Sec. 5. ) ## 125291.75. The bonds issued and sold pursuant to this article may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is a part of the State General Obligation Bond Law. Approval by the voters of the state for the issuance of the bonds described in this article includes the approval of the issuance of any bonds issued to refund any bonds originally issued under this article or any previously issued refunding bonds. Any bond refunded with the proceeds of refunding bonds as authorized by this section may be legally defeased to the extent permitted by law in the manner and to the extent set forth in the resolution, as amended from time to time, authorizing that refunded bond. (Amended November 3, 2020, by initiative Proposition 14, Sec. 23. Effective on December 16, 2020. Note: This section was added on Nov. 2, 2004, by initiative Prop. 71.)
  17. 125291.80.

    ## Health and Safety Code - 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 2. California Stem Cell Research and Cures Bond Act of 2004 [125291.10 - 125291.85] ( Article 2 added November 2, 2004, by initiative Proposition 71, Sec. 5. )

    Verify source ↗

    The Treasurer may keep separate accounts for certain bond proceeds and may use those proceeds or earnings for federal-law-required payments or other actions needed to preserve tax-exempt status.

    ## Health and Safety Code - 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 2. California Stem Cell Research and Cures Bond Act of 2004 [125291.10 - 125291.85] ( Article 2 added November 2, 2004, by initiative Proposition 71, Sec. 5. ) ## 125291.80. Notwithstanding any provision of this article or the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this article that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes, subject to designated conditions, the Treasurer may maintain separate accounts for the investment of bond proceeds and the investment earnings on those proceeds. The Treasurer may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or to take any other action with respect to the investment and use of bond proceeds required or desirable under federal law to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added November 2, 2004, by initiative Proposition 71, Sec. 5.)
  18. 125291.85.

    ## Health and Safety Code - 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 2. California Stem Cell Research and Cures Bond Act of 2004 [125291.10 - 125291.85] ( Article 2 added November 2, 2004, by initiative Proposition 71, Sec. 5. )

    Verify source ↗

    Bond-sale proceeds covered by this article are not treated as tax proceeds, and their disbursement is not subject to Article XIII B limits.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 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 2. California Stem Cell Research and Cures Bond Act of 2004 [125291.10 - 125291.85] ( Article 2 added November 2, 2004, by initiative Proposition 71, Sec. 5. ) ## 125291.85. Inasmuch as the proceeds from the sale of bonds authorized by this article are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added November 2, 2004, by initiative Proposition 71, Sec. 5.)
  19. 125292.10.

    ## 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 3. Definitions [125292.10- 125292.10.] ( Article 3 added November 2, 2004, by initiative Proposition 71, Sec. 5. )

    Verify source ↗

    This section mainly defines terms used in the chapter, including the Act, Institute, grant, quorum, research donor, and research participant.

    ## Health and Safety Code - 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 3. Definitions [125292.10- 125292.10.] ( Article 3 added November 2, 2004, by initiative Proposition 71, Sec. 5. ) ## 125292.10. Definitions As used in this chapter and in Article XXXV of the California Constitution, the following terms have the following meanings: (a) “Act” means the California Stem Cell Research and Cures Bond Act constituting Chapter 3 (commencing with Section 125290.10) of Part 5 of Division 106 of the Health and Safety Code. (b) “Adult stem cell” means an undifferentiated cell found in a differentiated tissue in an adult organism that can renew itself and may, with certain limitations, differentiate to yield all the specialized cell types of the tissue from which it originated, including a cell that is committed to make all of the functional cells of the tissue or organ where it resides and regenerates but that is itself undifferentiated. (c) “Basic research” means the investigation of basic mechanisms underlying stem cell biology, cellular plasticity, cellular differentiation, and other vital research opportunities. (d) “Capitalized interest” means interest funded by bond proceeds. (e) “Committee” means the California Stem Cell Research and Cures Finance Committee created pursuant to subdivision (a) of Section 125291.40. (f) “Constitutional officers” means the Governor, Lieutenant Governor, Treasurer, and Controller of California. (g) “Early development” means discovery of promising new stem cell-based technologies that could be translated to enable broad use and ultimately improve patient care. (h) “Facilities” means buildings, building leases, or capital equipment. (i) “Floating-rate bonds” means bonds which do not bear a fixed rate of interest until their final maturity date, including commercial paper notes. (j) “Fund” means the California Stem Cell Research and Disease Cures Fund created pursuant to Section 125291.25. (k) “Grant” means a grant, loan, or guarantee. (l) “Grantee” means a recipient of a grant from the institute. All University of California grantee institutions shall be considered as separate and individual grantee institutions. (m) “Human reproductive cloning” means the practice of creating or attempting to create a human being by transferring the nucleus from a human cell into an egg cell from which the nucleus has been removed for the purpose of implanting the resulting product in a uterus to initiate a pregnancy. (n) “Indirect costs” mean the recipient’s costs in the administration, accounting, general overhead, and general support costs for implementing a grant or loan of the institute. NIH definitions of indirect costs will be utilized as one of the bases by the Scientific and Medical Research Standards Working Group to create a guideline for recipients on this definition, with modifications to reflect guidance by the ICOC and this act. (o) “Institute” means the California Institute for Regenerative Medicine. (p) “Interim standards” means temporary standards that perform the same function as “emergency regulations” under the Administrative Procedure Act (Government Code, Title 2, Division 3, Part 1, Chapter 3.5, Sections 11340 et seq.) except that in order to provide greater opportunity for public comment on the permanent regulations, remain in force for 270 days rather than 180 days. (q) “Life science commercial entity” means a firm or organization, headquartered in California, whose business model includes biomedical or biotechnology product development and commercialization. (r) “Medical ethicist” means an individual with advanced training in ethics who holds a Ph.D., MA, or equivalent training in the biological sciences or the field of clinical medicine or clinical ethics and who spends or has spent substantial time (1) researching and writing on ethical issues related to medicine, and (2) administering ethical safeguards during the clinical trial process, particularly through service on institutional review boards. (s) “Pluripotent cells” means cells that are capable of self-renewal, and have broad potential to differentiate into multiple adult cell types. Pluripotent stem cells may be derived from somatic cell nuclear transfer or from surplus products of in vitro fertilization treatments when such products are donated under appropriate informed consent procedures. These excess cells from in vitro fertilization treatments would otherwise be intended to be discarded if not utilized for medical research. (t) “Progenitor cells” means multipotent or precursor cells that are partially differentiated but retain the ability to divide and give rise to differentiated cells. (u) “Quorum” means at least 65 percent of the members who are eligible to vote. (v) “Research donor” means a human who donates biological materials for research purposes after full disclosure and consent. (w) “Research funding” includes interdisciplinary scientific and medical funding for all stages of research, including, but not limited to, stem cell discovery research, early development, translational research, therapy development, and the development of treatments through clinical trials, including, without limitation, the reimbursement of patient-qualified costs for research participants and their caregivers pursuant to paragraph (4) of subdivision (b) of Section 125290.35; the operations of the working groups, including the costs associated with the expert review of applications; the costs of advisory groups and consultants established or retained to evaluate and advise the governing board, the working groups, and awardees; and research conferences. When a facility’s grant or loan has not been provided to house all elements of the research, therapy development, and/or clinical trials, research funding shall include an allowance for a market lease rate of reimbursement for the facility. In all cases, operating costs of the facility, including, but not limited to, library and communication services, utilities, maintenance, janitorial, and security, shall be included as direct research funding costs. Legal costs of the institute incurred in order to negotiate standards with federal and state governments and research institutions; to implement standards or regulations; to resolve disputes; and/or to carry out all other actions necessary to defend and/or advance the institute’s mission shall be considered direct research funding costs. (x) “Research participant” means a human enrolled with full disclosure and consent, and participating in clinical trials. (y) “Research program” means research projects that are designed to advance the same ultimate goal along the research continuum and that are conducted by the same or overlapping investigators. (z) “Revenue positive” means all state tax revenues generated directly and indirectly by the research and facilities of the institute are greater than the debt service on the state bonds actually paid by the General Fund in the same year. (aa) “Stem cells” mean nonspecialized cells that have the capacity to divide in culture and to differentiate into more mature cells with specialized functions. (ab) “Stem cell discovery research” means basic research, early development, and the discovery, evaluation, or improvement of tools and technologies in the fields of stem cell and genetic research and other vital research opportunities. (ac) “Vital research opportunity” means scientific and medical research and technologies, including, but not limited to, genetics, personalized medicine, and aging as a pathology, and/or any stem cell research not actually funded by the institute under paragraph (3) of subdivision (c) of Section 125290.60 which provides a substantially superior research opportunity, vital to advance medical science as determined by at least a two-thirds vote of a quorum of the members of the Scientific and Medical Research Funding Working Group and recommended as such by that working group to the ICOC, or as determined by the vote of a majority of a quorum of members of the ICOC. Human reproductive cloning shall not be a vital research opportunity. (Amended November 3, 2020, by initiative Proposition 14, Sec. 25. Effective on December 16, 2020. Note: This section was added on Nov. 2, 2004, by initiative Prop. 71.)
  20. 1253.

    ## 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 person or entity must get a license before operating a health facility, and may not provide special services after July 1, 1974 without state department approval.

    ## 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. ) ## 1253. (a) No person, firm, partnership, association, corporation, or political subdivision of the state, or other governmental agency within the state shall operate, establish, manage, conduct, or maintain a health facility in this state, without first obtaining a license therefor as provided in this chapter, nor provide, after July 1, 1974, special services without approval of the state department. However, any health facility offering any special service on the effective date of this section shall be approved by the state department to continue those services until the state department evaluates the quality of those services and takes permitted action. (b) This section shall not apply to a receiver appointed by the court to temporarily operate a long-term health care facility pursuant to Article 8 (commencing with Section 1325). (Amended by Stats. 2000, Ch. 451, Sec. 3. Effective January 1, 2001.)
  21. 1253.1.

    ## 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. )

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    Certain skilled nursing or intermediate care facilities may use designated beds for developmental-disability intermediate care without extra licensure steps if they meet listed criteria.

    ## 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. ) ## 1253.1. (a) Any skilled nursing facility or intermediate care facility that on the effective date of this section is providing care for the developmentally disabled may utilize beds designated for that purpose to provide intermediate care for the developmentally disabled without obtaining a certificate of need, a change in licensure category, or a change in bed classification pursuant to subdivision (c) of Section 1250.1, provided the facility meets and continues to meet the following criteria: (1) The facility was surveyed on or before July 18, 1977, by the State Department of Health for certification under the federal ICF/MR program pursuant to Section 449.13 of Title 42 of the Code of Federal Regulations, and the beds designated for intermediate care for the developmentally disabled were certified by the state department, either before or after that date, to meet the standards set forth in Section 449.13 of Title 42 of the Code of Federal Regulations. (2) Not less than 95 percent of the beds so certified for intermediate care for the developmentally disabled are utilized exclusively for provision of care to residents with a developmental disability, as defined in subdivision (a) of Section 4512 of the Welfare and Institutions Code. Nothing in this paragraph shall require continuous bed occupancy, but a bed certified for intermediate care for the developmentally disabled shall be deemed to be converted to another use if occupied by a resident who is not developmentally disabled. (3) On and after the effective date of regulations implementing this section, no change of ownership has occurred with respect to the facility requiring issuance of a new license, except a change occurring because of a decrease in the number of partners of a licensed partnership or a reorganization of the governing structure of a licensee in which there is no change in the relative ownership interests. (b) Any facility receiving an exemption under subdivision (a) shall, with respect to beds designated for intermediate care for the developmentally disabled, be subject to regulations of the state department applicable to that level of care, rather than the level of care for which the beds are licensed. The state department shall indicate on the license of any facility receiving an exemption pursuant to subdivision (a) that the licensee has been determined by the state department to meet the criteria of subdivision (a). (c) The licensee of any facility receiving an exemption under this section shall notify the state department not less than 30 days prior to taking action that will cause the facility to cease meeting the criteria specified in paragraph (2) or (3) of subdivision (a). (d) Upon a change of ownership of the facility or change in ownership interests not meeting the criterion for continued exemption specified in paragraph (3) of subdivision (a), the applicant for relicensure shall elect as follows: (1) To reclassify all skilled nursing beds that have been exempted under this section to the intermediate care-developmental disabilities classification, or to continue the skilled nursing classification with respect to skilled nursing beds that have received the exemption. (2) To reclassify intermediate care beds that have been exempted under this section to the intermediate care-developmental disabilities classification, or to reclassify intermediate care beds that have received the exemption to the intermediate care-other classification. Reclassification of beds pursuant to this subdivision 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. (Amended by Stats. 1996, Ch. 1023, Sec. 155.5. Effective September 29, 1996.)
  22. 1253.2.

    ## 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. )

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    This section defines key terms used in Section 1253.3 for health facility licensing, including applicant, application, beneficial ownership interest, change of ownership, license, manage, and related roles.

    ## 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. ) ## 1253.2. As used in Section 1253.3, the following definitions shall apply: (a) “Applicant” means any person, as defined in Section 19, that has submitted an application for a license, pursuant to Section 1265, to operate a health facility as defined under subdivision (k). (b) “Application” means those materials, set forth in Section 1265, that an applicant submits to the department for a license to operate a health facility. (c) “Beneficial ownership interest” means any of the following: (1) The possession by a person, as defined in Section 19, of an ownership interest, including a combination of direct and indirect ownership interests, totaling 5 percent or more in any licensed health facility. (2) An ownership interest of 5 percent or more in any mortgage, deed of trust, note, or other obligation secured by a licensee of or applicant for licensure of a health facility if that interest equals at least 5 percent of the value of the property or assets of the applicant or licensed health facility. (3) Is an officer or director of a licensed health facility or applicant for licensure of a health facility that is organized as a corporation. (4) Is a partner in a licensed health facility or applicant for licensure of a health facility that is organized as a partnership. (5) Is a member of a licensed health facility or applicant for licensure of a health facility that is organized as a limited liability company. (d) “Chain” means a group of two or more licenses that are owned directly or indirectly, as defined in this section, by the same persons, companies, or entities. (e) “Change of ownership” means any of the following: (1) For a partnership, the removal, addition, or substitution of a partner. (2) For a corporation, the merger of the applicant’s or licensee’s corporation into another corporation, or the consolidation of two or more corporations of the licensee, resulting in the creation of a new corporation; however, the transfer of corporate stock, the merger of another corporation into the applicant’s or licensee’s corporation, or the approved lawful conversion of a corporation to a limited liability company does not constitute a change of ownership. (3) For a limited liability company, the merger of the applicant’s or licensee’s limited liability company into another limited liability company, or the consolidation of two or more limited liability companies, of the licensee, resulting in the creation of a new limited liability company; however, the transfer of limited liability company interest, the merger of another limited liability company into the applicant’s or licensee’s limited liability company or the approved lawful conversion of a limited liability company to a corporation does not constitute a change of ownership. (4) The sale, conveyance, transfer, or disposition of title and property of a licensed health facility or licensee of a licensed health facility to another person or entity who is not the licensee where, as a result of the sale, conveyance, transfer or disposition, the licensee has lost the right to possess and occupy the physical structures, buildings, or real property that comprise the operational location of the health facility approved by the department. (5) The lease of all or part of the health facility’s property and assets to a person or entity who is not the licensee, where the lease is either a new lease or a transfer, sublease, or assignment of the licensee’s right to possess or occupy the physical structures, buildings, or real property that comprise the operational location of the health facility approved by the department. (f) “License” means a basic permit to operate a health facility with an authorized number and classification of beds. A license shall not be transferable. (g) “Manage” means to assume operational control over a facility, to make financial decisions for the facility, to direct or control aspects of patient care and quality within the facility, or to be involved in the hiring, firing, supervision, and direction of direct care staff when these actions are completed by a management company hired, retained, or authorized to act on behalf of a licensee. Manage does not include financing exchanged between multifacility organizations. (h) “Managing employee” means any general manager, business manager, administrator, director, or other individual who exercises operational or managerial control over, or who directly or indirectly conducts, the day-to-day operations of a licensed health facility. (i) “Management company” means an entity that directly or indirectly conducts the day-to-day operations or exercises managerial control of a health facility licensed by the department but is not the licensee. (j) “Ownership interest” means the possession of equity in the capital, the stock, the principal property and assets, or the profits of the licensed health facility. An ownership interest may be either direct or indirect. (1) A direct ownership interest is an interest in the licensed health facility or applicant for licensure of a health facility. (2) An indirect ownership interest is an ownership interest in an entity that itself has an ownership interest in a licensed health facility or of an applicant for licensure of a health facility. (k) “Operate” means to own, lease, sublease, establish, maintain, conduct the affairs of, or manage a skilled nursing facility. (l) “Parent corporation” or “parent organization” means an organization that is the legal entity owning a controlling interest in an organization licensed by the department. The parent organization is the “ultimate” parent, or the top entity in a hierarchy (which may include other parent organizations) of subsidiary organizations that is not itself a subsidiary of any corporation. A legal entity may be its own parent organization if it is not a subsidiary of any other organization. (Added by Stats. 2022, Ch. 578, Sec. 3. (AB 1502) Effective January 1, 2023.)
  23. 1253.3.

    ## 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. )

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    Before taking ownership or operating a skilled nursing facility, an applicant must apply to the department and wait for review and approval; changes in ownership or management also must be reported and approved before they take effect.

    ## 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. ) ## 1253.3. (a) No person, as defined in Section 19, nor an applicant for licensure, change of ownership, or change of management shall acquire, either directly or indirectly, an ownership interest in a skilled nursing facility nor operate, establish, manage, conduct, or maintain a skilled nursing facility prior to department review, approval, and issuance of a license under this chapter. (1) An applicant for a license under this section shall submit an application to the department at least 120 calendar days prior to acquiring, operating, establishing, managing, conducting, or maintaining a skilled nursing facility. (2) A licensee or party that plans to relinquish ownership, operations, or management of a skilled nursing facility shall report the change to the department on a form provided by the department 120 calendar days prior to the anticipated change of ownership. No licensee may relinquish ownership, operations, or management of a skilled nursing facility until the department completes its review and approval of the application of the prospective licensee or management company. (3) Notwithstanding the requirements of this section, if a facility is subject to receivership under Section 1325, subject to temporary management under Section 1325.5, at immediate risk of decertification, license revocation or suspension or closure, or other exigent circumstances exist that the department in its discretion concludes that the health and safety of the residents would be best served by bringing in an interim manager, the applicant may request an expedited application review. The applicant shall submit a complete application to the department. The department shall expedite the determination that the applicant is reputable and responsible to assume the facility’s license. The applicant may operate the facility once the reputability and responsibility assessment has been conducted while the remainder of the application review occurs. The interim manager may only operate the facility until the department completes the application review and approval of the application of the prospective licensee. (b) This section applies to any form of change of ownership, operations, or management involving a skilled nursing facility, including, but not limited to, the following transactions: (1) Establishment of interim or longer-term management agreements wherein operational control or management responsibilities are transferred from the owner or licensee to a new entity. (2) Establishment of any type of agreement with an entity or person to make financial decisions for the facility, to direct or control aspects of patient care and quality within the facility, or to be involved in the hiring, firing, supervision, and direction of direct care staff when these actions are completed by a management company hired, retained, or authorized to act on behalf of a licensee. (3) The transfer, purchase, or sale of ownership interest in the facility or licensee of 5 percent or more. (4) Transactions described in Section 1267.5 or 1253 and other applicable laws and regulations. (5) Sale or transfer of the entity licensed by the department. (6) The lease of all or part of a facility. (c) An application for a license under this section shall be filed on forms established and furnished by the department, that shall require, but not be limited to, all of the following information: (1) Information required by Sections 1265 and 1267.5. (2) Whether the applicant is a for-profit, not-for-profit, or government entity. (3) Name and address of the applicant. (4) Names of all prospective owners and their prospective ownership percentages. (5) Names of all prospective directors, board members, and managers of the licensee. (6) Name and address of any and all parent organizations. (7) Names and addresses of all directors, board members, and managers of any and all parent organizations. (8) Evidence satisfactory to the department that the applicant is reputable and responsible to assume the facility’s license or management of its operations and meets the requirements of this chapter, other applicable laws, and the department’s rules and regulations. (9) Evidence that the applicant has the financial capacity to operate the facility and to provide services required by state and federal laws and regulations for 90 days. (10) If applicable, all of the following information: (A) The name, address, license number, and licensing agency name of other skilled nursing, health, residential, or community care facilities owned, managed, or operated by the same applicant or by any parent organization of the applicant. (B) If part of a chain, a diagram indicating the relationship between the applicant and the persons or entities that are part of the chain and the name, address, and license number, if applicable, for each person or entity in the diagram. (C) The name and address of any persons, organizations, or entities that own the real property on which the facility seeking licensure and the licensed facilities described in subparagraph (A) are located along with copies of any existing or proposed property or lease agreements. (D) The name and address of the prospective property owner if the real property is being transferred or sold. (E) The name and address of any management company that would manage the facility and the same information required of applicants for the management company and copies of any existing or proposed management agreements or contracts between the licensee and the management company. (11) The name of the chief executive officer, general partner, owner, and that person’s prior or present service as an administrator, chief executive officer, general partner, director, or as a person who has held or holds a beneficial ownership interest of 5 percent or more in, any skilled nursing facility, intermediate care facility, residential care facility for the elderly, community care facility, health facility, or a similarly licensed facility in California or any other state within the past five years. (12) The following information regarding the applicant and each individual or entity identified pursuant to paragraph (11) for the past five years: (A) Any revocation, suspension, probation, exclusion order, termination of Medicare or Medicaid certification, receivership, appointment of a temporary manager, designation as a special focus facility or special focus facility candidate by the federal Centers for Medicare and Medicaid Services, or other similar administrative enforcement or disciplinary action that was initiated in California or any other state or by the federal government, or is in the process of being adjudicated, against a facility associated with the applicant or a person identified pursuant to paragraph (11), by any authority responsible for the licensing of health, residential, or community care facilities. (B) Copies of findings, orders, or both, issued by any health, residential, or community care licensing agency, certification agency, or any court relevant to the actions described in subparagraph (A). (C) Any injunctions, corporate integrity agreements, judgments, or settlements resulting from actions filed by the Attorney General, the Department of Justice, a district attorney’s office, or other federal, state, or local law enforcement agency against the applicant or any facilities that they have owned, operated, or managed. (D) Any petition for bankruptcy relief involving the applicant’s operation or closure of a health, residential, or community care facility licensed in California or any other state, the court, date, and case number of the filing, and whether a discharge was granted. If a discharge was not granted, the applicant shall provide copies of any court findings supporting denial of discharge. (E) The identity of any skilled nursing facility operated, managed, or owned by the applicant that has been subject to foreclosures, judgment liens, utility cutoffs, or disruptions in staffing, services, or supplies due to failures to meet payroll or pay bills. (13) The expected date of sale, assignment, lease, change of management company, or other change in the license status of a health facility. (14) Any other information as may be required by the department for the proper administration and enforcement of this chapter. (15) Applicable fees. (d) The information required by this section shall be provided to the department upon initial application for licensure, and any change in the information shall be provided to the department within 10 calendar days of that change unless a shorter timeframe is required by the department. A licensee of multiple facilities may provide a single notice of changes to the department on behalf of all licensed facilities within the chain. This single notice shall clearly identify which changes apply to which facilities within the chain. (e) The applicant shall provide complete and accurate information to the department. (f) (1) An applicant’s failure to provide complete and accurate information to the department in its submission of an application or the applicant’s failure to correct deficiencies in an application noted by the department may be grounds for the denial of the application. (g) (1) The department may deny an application for licensure or may subsequently revoke a license under this chapter if the applicant withheld information or made a false statement of material fact with regard to information that was required by the application for licensure. (2) The department may deny an application for licensure or may subsequently revoke a license under this chapter if the applicant did not disclose administrative disciplinary or enforcement actions on the application as required by paragraph (12) of subdivision (c). (3) The applicant shall provide any additional information related to the consideration of the application regarding the reputability and responsibility of the applicant. (4) The department shall consider the criminal history of the prospective licensee, or prospective management company, including all officers, directors, or shareholders having a beneficial ownership interest of 5 percent or more in the applicant corporation or partnership, and general or limited partners thereof, or other individuals or entities enumerated in Section 1267.5. The department’s criminal history review shall be in accordance with Sections 1265.1 and 1265.2. (5) The department shall cross-check all information and evidence submitted by the applicant concerning its reputability and responsibility, including, but not limited to, by verifying ownership and compliance histories through its own records, cross-checking with other licensing agencies in this state, other states, and territories. (6) If the applicant holds a health care professional’s license issued by the state, the department shall contact the appropriate licensing agencies to obtain information about disciplinary actions taken against the licensees and to confirm that their licenses are in good standing. (7) To the extent not prohibited by federal or state law, the department may obtain any information deemed necessary to make a determination on whether the applicant is reputable and responsible for licensure. (8) In making a determination on whether an applicant is reputable and responsible, the department shall thoroughly examine the compliance histories of facilities that are or have been owned, operated, or managed by the applicant and of any skilled nursing facility chain that is associated with the applicant. The department’s review shall consider compliance histories during the five-year period before the date of the application. (9) The department may review and consider information and evidence concerning the applicant’s reputability and responsibility, including, but not limited to, the department’s inspection findings for health facilities owned, operated, or managed by the applicant in the five years prior to the application, including federal and state findings resulting in regulatory violations, citations, other enforcement penalties, temporary manager appointments, findings of violations of required staffing levels, financial instability related to the operation of the health facility, special focus facility status, and any other information the department considers necessary for its determination on whether an applicant is reputable and responsible. (10) The applicant shall provide or cause to be provided, at the department’s request, any additional information related to consideration of the application regarding the reputability and responsibility of the applicant. (11) The department may deny an application if the applicant fails to establish through the evidence satisfactory to the department submitted pursuant to this section that the applicant is reputable and responsible, has ability to comply with the rules and regulations of the department, and has the education, experience, and financial resources for the operation of the skilled nursing facility. (12) Any of the following within the prior five years or during the application review period shall automatically disqualify an applicant from being determined reputable and responsible for licensure: (A) The applicant or anyone with a beneficial ownership interest of 5 percent or more in the applicant entity has owned, operated, or managed a skilled nursing facility, nursing facility, intermediate care facility, assisted living facility, community care facility, or other type of long-term care facility in this state or any other state or territory that, while under their ownership, operation, or management, was terminated from the federal Medicare program or the Medi-Cal program due to noncompliance, had its license suspended or revoked, or was subjected to receivership or temporary management. (B) The applicant is on the List of Excluded Individuals/Entities of the United States Department of Health and Human Services Office of Inspector General. (C) The applicant has owned, operated, or managed a long-term care health facility that, while under their ownership, operation, or management, has been issued two or more of any combination of “AA” citations or “A” citations involving the death of a resident at the facility within a consecutive 24-month period within the prior five years. (D) The applicant owns, operates, or manages 10 percent or more of the licensed skilled nursing facilities in the state upon the date of submission of the application for licensure to the department, unless the department in its discretion concludes that the interests of resident health and safety requires that an exception is warranted. (13) Notwithstanding Section 1265.2 or paragraph (4), if the applicant has had a felony conviction related to the services or care provided in a health or community care facility, regardless of the length of time between the date of the application for licensure and the felony conviction, the applicant shall automatically be disqualified from being determined reputable and responsible for licensure. (h) The department shall review and make a determination within 120 calendar days of an applicant’s submission of a complete application. (1) The department may extend the 120-day time period by up to an additional 60 calendar days if it cannot complete its determination due to extenuating circumstances. The department shall notify the applicant in writing of the extension and the estimated date of its determination. (2) If the department determines the application submitted is incomplete, the department shall provide written notice of missing information to the applicant. If the applicant does not submit a completed application within 45 days of notification of missing information, the application shall be denied. (3) The applicant shall not acquire, operate, establish, manage, conduct, or maintain a skilled nursing facility prior to obtaining a favorable determination from the department on a licensure application. A transfer of ownership, operations, or management of the facility shall not take place prior to the department’s approval, whether interim, long term, or permanent. (i) If the department approves the application, the department shall notify the applicant in writing if it determines that the applicant is reputable and responsible and has complied with all requirements of this section and other applicable statutory and regulatory requirements for licensure. The applicant and licensee shall notify the department within 10 days of the final transactions effecting the orderly transfer of the health facility operations from the licensee to the applicant. The final orderly transfer of the health facility operations shall occur no later than 120 days after the department’s notice of approval of the application for licensure. The applicant may apply for one 60-day extension notifying the department of the expected date of the transfer, and the reasons for delay in the transfer beyond the initial 120 days from the department’s notice. (j) If the department denies the application, the department shall notify the applicant in writing of its determination and the basis for the determination. Within 20 days of service of the department’s notice of denial on the applicant, the applicant may serve upon the director, or the director’s designee, a written petition for an appeal and request for administrative hearing regarding the department’s denial. Upon timely service by the applicant of the written petition, as set forth in this subdivision, a hearing shall be set and the proceedings shall be conducted in accordance with Article 1 (commencing with Section 131071) of Chapter 2 of Part 1 of Division 112. During the pendency of the appeal, the applicant shall not acquire, operate, establish, manage, conduct, or maintain the facility that is the subject of the appeal, and management and operational control of the facility shall remain with the current licensee. (k) The following actions may immediately be taken if an applicant acquires, operates, establishes, manages, conducts, or maintains a skilled nursing facility before the department acts on its application, following the department’s denial of its application, or in any instance when a person or entity acquires, operates, establishes, manages, conducts, or maintains a skilled nursing facility without first applying to and obtaining a license from the department for that purpose: (1) If an applicant for licensure or prospective licensee assumes management or operational control of a facility on behalf of a licensee prior to submitting an application to and receiving approval from the department for a license, or if a licensee fails to report changes to the department, as required by this chapter, the department may issue a class “B” citation and civil penalty, in an amount not less than five hundred dollars ($500) and not exceeding two thousand dollars ($2,000) for each and every citation. Where a licensee or prospective licensee has failed to correct a violation of this chapter within the time specified in the citation, the department shall assess the licensee or prospective licensee an additional civil penalty in the amount of five hundred dollars ($500) for each day that the deficiency continues beyond the date specified for correction. If a licensee or prospective licensee desires to contest a class “B” citation assessed under this section, the licensee or prospective licensee shall, within 15 working days after service of the citation, notify the director or the director’s designee that they wish to appeal the class “B” citation through the procedures set forth in Section 1428. Nothing in this section shall preclude the department from taking additional state or federal enforcement actions it may determine are necessary to preserve and protect the health and safety of the residents in the skilled nursing facility, including misdemeanor penalties for willful or repeated violations, as provided in Section 1290. Any penalty assessed pursuant to this paragraph shall be paid prior to the issuance of the permanent license. If at the time of issuance of the permanent license there is a balance due, the remaining balance shall be collected by Medi-Cal offset. Penalties collected pursuant to this paragraph shall be deposited into the State Health Facilities Citation Penalties Account created pursuant to Section 1417.2. (2) The department may, subsequent to licensure, assess a civil penalty of ten thousand dollars ($10,000) for a material violation of this section. The civil penalty shall be issued and enforced, except as provided in this subdivision, in the same manner as a class “A” violation, and shall include the right of appeal as specified in Section 1428. (3) If an applicant acquires, operates, establishes, or manages a facility following the department’s denial of its application, the department shall ensure that the facility’s operation is transitioned to a qualified operator in a manner that will protect the health and safety of the residents. (4) The facility administrator shall advise all residents, their representatives, and the state and local long-term care ombudsperson offices of the circumstances, and inform them of the sanctions that are being imposed and of the residents’ right to remain at the facility while corrective actions are taken. (l) If any proposed sale, transfer of operations, or change in management of a facility to an applicant for licensure does not occur after the applicant’s submission of an application for licensure to the department, the licensee shall notify the department within 10 days of the event terminating the sale, transfer, or change, including, but not limited to, the end of contract negotiations or a transaction not closing escrow. (m) All applications prepared pursuant to this section shall be considered public records, except to the extent the information in the application is confidential or privileged under applicable state or federal privacy laws, pursuant to the Information Practices Act of 1977, or is otherwise exempt under the California Public Records Act. (n) This section does not apply to a skilled nursing facility that is operated as a distinct part of an acute care hospital or to receivers or temporary managers that are appointed in accordance with state or federal laws. This section does apply to changes of ownership of a distinct part skilled nursing facility that will be separated from the hospital’s license. (o) This section applies only to license applications or reports of changes submitted after July 1, 2023. (p) On or before April 1, 2023, the department shall convene a stakeholder group to discuss, review, and determine the feasibility of establishing a new methodology to calculate application fees for skilled nursing facilities that reflect departmental costs to process required applications. (Added by Stats. 2022, Ch. 578, Sec. 4. (AB 1502) Effective January 1, 2023.)
  24. 1253.4.

    ## 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. )

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    A general acute care hospital must apply to the State Department of Public Health to provide skilled nursing services in a distinct part, and both the hospital and the distinct part must meet detailed licensing and operating conditions.

    ## 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. ) ## 1253.4. (a) (1) A general acute care hospital, as defined in subdivision (a) of Section 1250, seeking to provide skilled nursing services in a distinct part shall submit an application and documentation to the State Department of Public Health. If the distinct part meets the requirements and criteria specified in this section, the department may approve a hospital’s application for a distinct part on a case-by-case basis consistent with Section 1254. (2) “Distinct part” means an identifiable unit accommodating beds and related facilities, including, but not limited to, contiguous rooms, a wing, a floor, or a building. A skilled nursing distinct part may comprise one or more buildings or designated parts of buildings. The term “distinct part” includes a “composite distinct part” that is not on the hospital’s campus and that meets the definition, requirements, and other criteria specified in this section. (A) “Composite distinct part” means a distinct part consisting of two or more noncontiguous components that are not located within the same campus. (B) “Campus” means the physical area immediately adjacent to the hospital’s main buildings or to other areas and structures that are not strictly contiguous to the main buildings. (C) If the requirements for a “distinct part” and a “composite distinct part” conflict, then the more specific and strict standards shall apply. (b) A skilled nursing distinct part shall meet and be subject to state licensing statutes and regulations applicable to skilled nursing facilities, unless there is a specific exception or exemption applicable to a distinct part. (c) (1) A skilled nursing distinct part shall meet all of the following conditions: (A) Be under the same ownership, control, and governance as the general acute care hospital of which it is a distinct part. (B) Be wholly owned by the general acute care hospital of which it is a distinct part. (C) Be subject to the bylaws and operating decisions of the hospital’s governing body. (2) The general acute care hospital shall have final responsibility for the skilled nursing distinct part’s administrative decisions and personnel policies and procedures. (d) A general acute care hospital seeking to add a composite distinct part to its license shall submit a proposal to the department demonstrating that a composite distinct part would improve access to care and serve a specific unmet need in the geographical area served by the hospital. If the department determines that the composite distinct part may improve access to care and address a specific unmet need in the geographical area served by the hospital, the general acute care hospital may submit an application with documentation for approval of a composite distinct part. (e) In deciding whether to approve a general acute care hospital’s application for a composite distinct part, the department may consider the following additional criteria: (1) Whether the facility is in a rural or underserved area. (2) The compliance history of the general acute care hospital, the existing distinct part, and the entities and individuals involved with the ownership, administration, operation, and governance of the facilities. (3) The plan of operation and plan for sharing services with the general acute care hospital and other components of the composite distinct part. (4) Ability to demonstrate and maintain compliance with the requirements of this section and the licensing statutes and regulations applicable to skilled nursing facilities. (5) Whether the general acute care hospital and the components of the composite distinct part are so organizationally or geographically separate that it is not feasible to operate and provide safe, quality, and adequate care as a single licensed entity. (6) Any additional criteria that the department deems relevant or necessary to protect resident safety or ensure quality of care. (f) Each composite distinct part component that is not located on the general acute care hospital’s campus shall have a dedicated nursing home administrator. (g) The skilled nursing distinct part shall be integrated with the general acute care hospital of which it is a distinct part. The skilled nursing distinct part shall function as an integral and subordinate part of the hospital of which it is a distinct part, which includes, but is not limited to, common resource usage of buildings, equipment, personnel, and services. (h) A general acute care hospital shall have a maximum of only one licensed skilled nursing distinct part, which may be a composite distinct part. (1) A general acute care hospital with a distinct part or composite distinct part shall have only one license number. (2) The department shall identify on the general acute care hospital’s license each distinct part, including the number of beds, location, and address of each distinct part and components of a composite distinct part. (i) Each freestanding component of a composite distinct part shall independently meet all of the licensing requirements applicable to a freestanding skilled nursing facility, including staffing requirements and ratios. Staffing exceptions for distinct parts, including, but not limited to, the distinct part exception in Section 1276.65, shall not apply to a freestanding component of a composite distinct part. (j) The general acute care hospital shall not use composite distinct parts to segregate residents by payment source or on a basis other than care needs. (k) Existing distinct parts shall meet the requirements of this section before they are approved as a composite distinct part. In deciding whether to approve a consolidation, change of ownership, or other similar restructuring, the department shall consider whether the composite distinct part meets the requirements and satisfies the criteria described in this section. (l) 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 (AFL) or similar instruction. (Added by Stats. 2026, Ch. 27, Sec. 7. (SB 164) Effective June 29, 2026.)
  25. 1253.5.

    ## 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. )

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    The State Department of Public Health must label supplemental services on certain hospital licenses and publish a website list of outpatient services, with a disclaimer. It also must work with stakeholders to revise the hospital license application form.

    ## 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. ) ## 1253.5. (a) The State Department of Public Health, upon issuance and renewal of a license for a general acute care hospital as defined in subdivision (a) of Section 1250, an acute psychiatric hospital as defined in subdivision (b) of Section 1250, or a special hospital as defined in subdivision (f) of Section 1250, shall separately identify on the license each supplemental service, including the address of where each outpatient service is provided and the type of services provided at each outpatient location. (b) On or before July 1, 2010, the department shall post and make available on its Web site a listing of all outpatient services of licensed hospitals identified on the hospital’s license as a supplemental service pursuant to subdivision (a). The listing shall include the name and physical address of where the outpatient service is provided. The department’s Web site shall include a disclaimer that the information contained in the listing is limited to the outpatient service information reported to the department by licensed hospitals. (c) The department shall work with stakeholders to review, streamline, and revise the initial and renewal license application form prescribed and furnished by the department to any person, firm, association, partnership, or corporation desiring a license, a change in licensed beds or services, or renewing a license for a hospital, acute psychiatric hospital, or special hospital. (Added by Stats. 2008, Ch. 396, Sec. 1. Effective January 1, 2009.)
  26. 1253.6.

    ## 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. )

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    This section sets the process for general acute care hospitals to get approval for supplemental outpatient clinic services, and requires the department to review, investigate, approve or deny, and issue reasons or licenses within set time limits.

    ## 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. ) ## 1253.6. (a) This section shall govern applications by general acute care hospitals for supplemental services approval for outpatient clinic services. (b) Upon receipt of an initial application by a licensed general acute care hospital to add a new or modify an existing outpatient service as a supplemental service, the department shall, within 30 days of receipt of the initial application, review the entire application, determine whether the application is missing information or has insufficient information, and, on the basis of this determination, provide the hospital with guidance on how to provide the missing information. (c) Upon determination by the department that an application for an outpatient clinic service as a supplemental service is complete pursuant to subdivision (b), the department shall investigate the facts set forth in the application and, if the department finds that the statements contained in the application are true, that the establishment of the operation of the supplemental service are in conformity with the intent and purpose of this chapter, and that the applicant is in compliance with this chapter and the rules and regulations of the department, the department shall approve the additional or modified outpatient clinic service, add it to the hospital license, and issue a new license. However, if the department determines in the course of the investigation that additional information is needed to determine whether the statements contained in the application are true or that the establishment or the continued operation of the supplemental service are in conformity with the intent and purpose of this chapter, or that the applicant is in compliance with this chapter and the rules and regulations of the department, the applicant shall provide the additional information to the department upon request. If the department finds that the statements contained in the application are not true, or that the establishment of the outpatient service as a supplemental service is not in conformity with the intent and purpose of this chapter, or if the applicant fails to provide any additional information to the department within 30 days of the request, the department shall deny the outpatient clinic services application. The department shall either grant or deny the application for the outpatient clinic service as a supplemental service within 100 days of the filing of a completed application. (d) If a licensed general acute care hospital has previously been approved for an outpatient clinic service within 30 days after receipt of a completed application for an additional outpatient clinic service, the department shall approve the additional or modified outpatient clinic service, add it to the hospital license, and issue a new license, unless the applicant does not meet the requirements of this section. Notwithstanding any other law, the department shall not be required to conduct an onsite inspection prior to approval of an outpatient clinic service pursuant to this section. However, nothing shall preclude the department from conducting an onsite inspection at any time, or denying an application, in accordance with subdivision (c). If the department determines that the applicant does not meet the requirements of this section, the department shall provide the hospital, in writing, the particular basis for this determination. (e) A completed application for purposes of this section shall include all of the following: (1) The appropriate forms, fees, and documentation, as determined by the department. (2) A description of the type of outpatient clinic service to be operated, the character and scope of the service to be provided, and a complete description of the building, its location and proximity to the main hospital building, facilities, equipment, apparatus, and appliances to be furnished and used in the operation of the outpatient clinic service and evidence satisfactory to the department that the hospital owns and will operate the outpatient clinic service that is the subject of the application. (3) Written policies and procedures governing the operation of the outpatient clinic service and its reporting relationship to the applicant. (4) Evidence of the hospital’s compliance with applicable building standards and possession of a fire clearance for the outpatient clinic service space. (f) The outpatient clinic service that is the subject of the application shall be limited to providing nonemergency primary health care services in a clinical environment to patients who remain in the outpatient clinic for less than 24 hours. (g) For purposes of this section “outpatient clinic services” shall have the same meaning as the services that may be provided by a primary care clinic in accordance with subdivision (a) of Section 1204. Nothing in this section shall be interpreted to mean that supplemental outpatient services established by a general acute care hospital pursuant to this section shall be considered primary care clinics for licensing, regulatory, or enforcement purposes. (Added by Stats. 2009, Ch. 543, Sec. 2. (AB 1544) Effective January 1, 2010.)
  27. 1253.7.

    ## 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. )

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    Hospitals must give patients written notice when they are on observation status, and observation units must be labeled as outpatient areas and follow the same licensed nurse-to-patient ratios as supplemental emergency 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. ) ## 1253.7. (a) For purposes of this chapter, “observation services” means outpatient services provided by a general acute care hospital and that have been ordered by a provider, to those patients who have unstable or uncertain conditions potentially serious enough to warrant close observation, but not so serious as to warrant inpatient admission to the hospital. Observation services may include the use of a bed, monitoring by nursing and other staff, and any other services that are reasonable and necessary to safely evaluate a patient’s condition or determine the need for a possible inpatient admission to the hospital. (b) When a patient in an inpatient unit of a hospital or in an observation unit, as defined in subdivision (c), is receiving observation services, or following a change in a patient’s status from inpatient to observation, the patient shall receive written notice, as soon as practicable, that he or she is on observation status. The notice shall state that while on observation status, the patient’s care is being provided on an outpatient basis, which may affect his or her health care coverage reimbursement. (c) For purposes of this chapter, “observation unit” means an area in which observation services are provided in a setting outside of any inpatient unit and that is not part of an emergency department of a general acute care hospital. A hospital may establish one or more observation units that shall be marked with signage identifying the observation unit area as an outpatient area. The signage shall use the term “outpatient” in the title of the designated area to indicate clearly to all patients and family members that the observation services provided in the center are not inpatient services. Identifying an observation unit by a name or term other than that used in this subdivision does not exempt the general acute care hospital from compliance with the requirements of this section. (d) Notwithstanding subdivisions (d) and (e) of Section 1275, an observation unit shall comply with the same licensed nurse-to-patient ratios as supplemental emergency services. This subdivision is not intended to alter or amend the effect of any regulation adopted pursuant to Section 1276.4 as of the effective date of the act that added this subdivision. (Added by Stats. 2016, Ch. 723, Sec. 1. (SB 1076) Effective January 1, 2017.)
  28. 12530.

    ## 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. )

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    This section defines “salesman” for fireworks orders.

    ## 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. ) ## 12530. “Salesman” means any person who, as an employee of a manufacturer or wholesaler, solicits, accepts, or receives an order for fireworks for a licensee or permittee. (Added by Stats. 1973, Ch. 1109.)
  29. 125300.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5.5. USE OF HUMAN CELLS [125300 - 125356] ( Part 5.5 heading added by Stats. 2003, Ch. 507, Sec. 5. ) ## CHAPTER 1. Embryo Registry [125300 - 125320] ( Chapter 1 heading added by Stats. 2003, Ch. 507, Sec. 6. )

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    Research involving certain human stem cells must be reviewed by a stem cell research oversight committee.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5.5. USE OF HUMAN CELLS [125300 - 125356] ( Part 5.5 heading added by Stats. 2003, Ch. 507, Sec. 5. ) ## CHAPTER 1. Embryo Registry [125300 - 125320] ( Chapter 1 heading added by Stats. 2003, Ch. 507, Sec. 6. ) ## 125300. The policy of the State of California shall be that research involving the derivation and use of human embryonic stem cells, human embryonic germ cells, and human adult stem cells, including somatic cell nuclear transplantation, shall be reviewed by a stem cell research oversight committee. (Amended by Stats. 2006, Ch. 483, Sec. 6. Effective January 1, 2007.)
  30. 125305.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5.5. USE OF HUMAN CELLS [125300 - 125356] ( Part 5.5 heading added by Stats. 2003, Ch. 507, Sec. 5. ) ## CHAPTER 1. Embryo Registry [125300 - 125320] ( Chapter 1 heading added by Stats. 2003, Ch. 507, Sec. 6. )

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    The department must create and keep an anonymous embryo registry for research embryos.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5.5. USE OF HUMAN CELLS [125300 - 125356] ( Part 5.5 heading added by Stats. 2003, Ch. 507, Sec. 5. ) ## CHAPTER 1. Embryo Registry [125300 - 125320] ( Chapter 1 heading added by Stats. 2003, Ch. 507, Sec. 6. ) ## 125305. (a) The department shall establish and maintain an anonymous registry of embryos that are available for research. The purpose of this registry is to provide researchers with access to embryos that are available for research purposes. (b) The department may contract with the University of California, private organizations, or public entities to establish and administer the registry. (c) This section shall be implemented only to the extent that funds for the purpose of establishing and administering the registry are received by the department from private or other nonstate sources. (Added by Stats. 2003, Ch. 507, Sec. 7. Effective January 1, 2004.)
  31. 12531.

    ## 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. )

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    “Sell” is defined as an arrangement between two or more persons that results in a transfer of property for consideration.

    ## 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. ) ## 12531. “Sell” means any arrangement between two or more persons as a result of which there is a transfer of property for a consideration. (Added by Stats. 1973, Ch. 1109.)
  32. 125315.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5.5. USE OF HUMAN CELLS [125300 - 125356] ( Part 5.5 heading added by Stats. 2003, Ch. 507, Sec. 5. ) ## CHAPTER 1. Embryo Registry [125300 - 125320] ( Chapter 1 heading added by Stats. 2003, Ch. 507, Sec. 6. )

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    Fertility-treatment providers must give patients information and forms about embryo disposition, and must get written consent before embryos are donated for 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 5.5. USE OF HUMAN CELLS [125300 - 125356] ( Part 5.5 heading added by Stats. 2003, Ch. 507, Sec. 5. ) ## CHAPTER 1. Embryo Registry [125300 - 125320] ( Chapter 1 heading added by Stats. 2003, Ch. 507, Sec. 6. ) ## 125315. (a) A physician and surgeon or other health care provider delivering fertility treatment shall provide his or her patient with timely, relevant, and appropriate information to allow the individual to make an informed and voluntary choice regarding the disposition of any human embryos remaining following the fertility treatment. The failure to provide to a patient this information constitutes unprofessional conduct within the meaning of Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code. (b) Any individual to whom information is provided pursuant to subdivision (a) shall be presented with the option of storing any unused embryos, donating them to another individual, discarding the embryos, or donating the remaining embryos for research. When providing fertility treatment, a physician and surgeon or other health care provider shall provide a form to the male and female partner, or the individual without a partner, as applicable, that sets forth advanced written directives regarding the disposition of embryos. This form shall indicate the time limit on storage of the embryos at the clinic or storage facility and shall provide, at a minimum, the following choices for disposition of the embryos based on the following circumstances: (1) In the event of the death of either the male or female partner, the embryos shall be disposed of by one of the following actions: (A) Made available to the living partner. (B) Donation for research purposes. (C) Thawed with no further action taken. (D) Donation to another couple or individual. (E) Other disposition that is clearly stated. (2) In the event of the death of both partners or the death of a patient without a partner, the embryos shall be disposed of by one of the following actions: (A) Donation for research purposes. (B) Thawed with no further action taken. (C) Donation to another couple or individual. (D) Other disposition that is clearly stated. (3) In the event of separation or divorce of the partners, the embryos shall be disposed of by one of the following actions: (A) Made available to the female partner. (B) Made available to the male partner. (C) Donation for research purposes. (D) Thawed with no further action taken. (E) Donation to another couple or individual. (F) Other disposition that is clearly stated. (4) In the event of the partners’ decision or a patient’s decision who is without a partner, to abandon the embryos by request or a failure to pay storage fees, the embryos shall be disposed of by one of the following actions: (A) Donation for research purposes. (B) Thawed with no further action taken. (C) Donation to another couple or individual. (D) Other disposition that is clearly stated. (c) A physician and surgeon or other health care provider delivering fertility treatment shall obtain written consent from any individual who elects to donate embryos remaining after fertility treatments for research. For any individual considering donating the embryos for research, to obtain informed consent, the health care provider shall convey all of the following to the individual: (1) A statement that the early human embryos will be used to derive human pluripotent stem cells for research and that the cells may be used, at some future time, for human transplantation research. (2) A statement that all identifiers associated with the embryos will be removed prior to the derivation of human pluripotent stem cells. (3) A statement that donors will not receive any information about subsequent testing on the embryo or the derived human pluripotent cells. (4) A statement that derived cells or cell lines, with all identifiers removed, may be kept for many years. (5) Disclosure of the possibility that the donated material may have commercial potential, and a statement that the donor will not receive financial or any other benefits from any future commercial development. (6) A statement that the human pluripotent stem cell research is not intended to provide direct medical benefit to the donor. (7) A statement that early human embryos donated will not be transferred to a woman’s uterus, will not survive the human pluripotent stem cell derivation process, and will be handled respectfully, as is appropriate for all human tissue used in research. (Added by renumbering Section 125116 by Stats. 2003, Ch. 507, Sec. 3. Effective January 1, 2004.)
  33. 12532.

    ## 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. )

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    “Special effects” means certain pyrotechnic articles used in television, theater, motion picture, and some other authorized commercial or recreational settings.

    ## 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. ) ## 12532. “Special effects” means articles containing any pyrotechnic composition manufactured and assembled, designed, or discharged in connection with television, theater, or motion picture productions, which may or may not be presented before live audiences and any other articles containing any pyrotechnic composition used for commercial, industrial, education, recreation, or entertainment purposes when authorized by the authority having jurisdiction. (Added by Stats. 1973, Ch. 1109.)
  34. 125320.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5.5. USE OF HUMAN CELLS [125300 - 125356] ( Part 5.5 heading added by Stats. 2003, Ch. 507, Sec. 5. ) ## CHAPTER 1. Embryo Registry [125300 - 125320] ( Chapter 1 heading added by Stats. 2003, Ch. 507, Sec. 6. )

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    A person must not knowingly buy or sell embryonic or cadaveric fetal tissue for research purposes for valuable consideration. The section also says such tissue may be donated for research purposes.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5.5. USE OF HUMAN CELLS [125300 - 125356] ( Part 5.5 heading added by Stats. 2003, Ch. 507, Sec. 5. ) ## CHAPTER 1. Embryo Registry [125300 - 125320] ( Chapter 1 heading added by Stats. 2003, Ch. 507, Sec. 6. ) ## 125320. (a) A person may not knowingly, for valuable consideration, purchase or sell embryonic or cadaveric fetal tissue for research purposes pursuant to this chapter. (b) For purposes of this section, “valuable consideration” does not include reasonable payment for the removal, processing, disposal, preservation, quality control, storage, transplantation, or implantation of a part. (c) Embryonic or cadaveric fetal tissue may be donated for research purposes pursuant to this chapter. (Added by renumbering Section 125117 by Stats. 2003, Ch. 507, Sec. 4. Effective January 1, 2004.)
  35. 125325.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5.5. USE OF HUMAN CELLS [125300 - 125356] ( Part 5.5 heading added by Stats. 2003, Ch. 507, Sec. 5. ) ## CHAPTER 1.5. Oocyte Retrieval For Fertility Treatment [125325 - 125325.15] ( Chapter 1.5 added by Stats. 2009, Ch. 523, Sec. 1. )

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    Certain oocyte-donation ads must include a required notice, unless the advertiser is exempt by ASRM registration/compliance; using the exemption when guidelines are violated is false advertising.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5.5. USE OF HUMAN CELLS [125300 - 125356] ( Part 5.5 heading added by Stats. 2003, Ch. 507, Sec. 5. ) ## CHAPTER 1.5. Oocyte Retrieval For Fertility Treatment [125325 - 125325.15] ( Chapter 1.5 added by Stats. 2009, Ch. 523, Sec. 1. ) ## 125325. (a) The person or entity posting an advertisement seeking oocyte donation associated with the delivery of fertility treatment that includes assisted oocyte production and a financial payment or compensation of any kind, shall include the following notice in a clear and conspicuous manner: “Egg donation involves a screening process. Not all potential egg donors are selected. Not all selected egg donors receive the monetary amounts or compensation advertised. As with any medical procedure, there may be risks associated with human egg donation. Before an egg donor agrees to begin the egg donation process, and signs a legally binding contract, she is required to receive specific information on the known risks of egg donation. Consultation with your doctor prior to entering into a donor contract is advised.” (b) A summary pertaining to oocyte donation procedures, shall be provided, as required pursuant to Section 125335, to all potential egg donors before signing a legally binding contract to become an egg donor, or beginning any egg donation procedures, as part of compliance with the informed consent requirements. (c) Persons or entities that certify compliance with the American Society for Reproductive Medicine (ASRM) guidelines by registering with ASRM are exempt from the notice requirements set forth in subdivision (a). Use of the exemption when the guidelines are violated shall constitute false advertising. (d) Donors recruited through the advertisement shall undergo the same disclosure, counseling, and informed consent process, as required pursuant to Section 125335, as donors recruited by those exempt from subdivision (a). (Added by Stats. 2009, Ch. 523, Sec. 1. (AB 1317) Effective January 1, 2010.)
  36. 125325.15.

    ## 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 5.5. USE OF HUMAN CELLS [125300 - 125356] ( Part 5.5 heading added by Stats. 2003, Ch. 507, Sec. 5. ) ## CHAPTER 1.5. Oocyte Retrieval For Fertility Treatment [125325 - 125325.15] ( Chapter 1.5 added by Stats. 2009, Ch. 523, Sec. 1. )

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    This section defines “assisted oocyte production” and “oocyte” for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5.5. USE OF HUMAN CELLS [125300 - 125356] ( Part 5.5 heading added by Stats. 2003, Ch. 507, Sec. 5. ) ## CHAPTER 1.5. Oocyte Retrieval For Fertility Treatment [125325 - 125325.15] ( Chapter 1.5 added by Stats. 2009, Ch. 523, Sec. 1. ) ## 125325.15. The following definitions shall apply to this chapter: (a) “Assisted oocyte production” or “AOP” means surgical extraction of oocytes following pharmaceutically induced manipulation of oocyte production through the use of ovarian stimulation for the purposes of fertility treatment. (b) “Oocyte” means a female egg or egg cell of a human female. (Added by Stats. 2009, Ch. 523, Sec. 1. (AB 1317) Effective January 1, 2010.)
  37. 12533.

    ## 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 “wholesaler” for fireworks sales.

    ## 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. ) ## 12533. “Wholesaler” means any person, other than an importer, exporter, or manufacturer selling only to wholesalers, who sells fireworks to a retailer or any other person for resale. It also includes any person who sells dangerous fireworks to public display permittees. (Added by Stats. 1973, Ch. 1109.)
  38. 125330.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5.5. USE OF HUMAN CELLS [125300 - 125356] ( Part 5.5 heading added by Stats. 2003, Ch. 507, Sec. 5. ) ## CHAPTER 2. Procuring of Oocytes for Research [125330 - 125356] ( Chapter 2 added by Stats. 2006, Ch. 483, Sec. 7. )

    Verify source ↗

    This section defines key terms for the chapter on procuring oocytes for research and says institutional review board protections apply to research participants.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5.5. USE OF HUMAN CELLS [125300 - 125356] ( Part 5.5 heading added by Stats. 2003, Ch. 507, Sec. 5. ) ## CHAPTER 2. Procuring of Oocytes for Research [125330 - 125356] ( Chapter 2 added by Stats. 2006, Ch. 483, Sec. 7. ) ## 125330. The following definitions apply to this chapter: (a) “Alternate method of oocyte retrieval” means a method of oocyte retrieval that does not involve the pharmaceutically induced manipulation of oocyte production. (b) “Assisted oocyte production” or “AOP” means surgical extraction of oocytes following pharmaceutically induced manipulation of oocyte production through the use of ovarian stimulation. (c) “Informed consent” means a research participant understands the material facts reasonably necessary to make a determination to participate or to refuse from participating in the medical research without the intervention of any element of force, fraud, deceit, duress, coercion, or undue influence on the research participant’s decision. (d) “Institutional review board” means a body established in accordance with federal regulations, including Part 46 (commencing with Section 46.101) of Subchapter A of Subtitle A of Title 45 of the Code of Federal Regulations. (e) “Oocyte” means a female egg or egg cell of a human female. (f) “Research participant” means any person undergoing AOP or any alternative method of ovarian retrieval for research or for the development of medical therapies, including those who would not meet the definition of “subject” under 45 C.F.R. 46.102. The protections afforded to human subjects under an institutional review board apply to research participants in this chapter. (Amended by Stats. 2019, Ch. 864, Sec. 2. (AB 922) Effective January 1, 2020.)
  39. 125331.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5.5. USE OF HUMAN CELLS [125300 - 125356] ( Part 5.5 heading added by Stats. 2003, Ch. 507, Sec. 5. ) ## CHAPTER 2. Procuring of Oocytes for Research [125330 - 125356] ( Chapter 2 added by Stats. 2006, Ch. 483, Sec. 7. )

    Verify source ↗

    This section says research participants providing human oocytes for medical research must get a rights list written in a language they understand, and the list must include the chapter’s rights and protections.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5.5. USE OF HUMAN CELLS [125300 - 125356] ( Part 5.5 heading added by Stats. 2003, Ch. 507, Sec. 5. ) ## CHAPTER 2. Procuring of Oocytes for Research [125330 - 125356] ( Chapter 2 added by Stats. 2006, Ch. 483, Sec. 7. ) ## 125331. (a) As used in this chapter, “Research Participants Undergoing Oocyte Retrieval for Medical Research Purposes Bill of Rights” means a list of the rights of a research participant providing human oocytes for the purposes of medical research. The list of rights shall be written in a language in which the research participant is fluent. The list shall incorporate all the rights and protections in this chapter, and include, but not be limited to, all of the following research participant rights as described in Section 24172: (1) The right to be informed of the nature and purpose of the medical research. (2) The right to be given an explanation of the procedures to be followed in the medical research, and any drug or device to be utilized. (3) The right to be given a description of any attendant discomforts and reasonably foreseeable risks expected from participating in the medical research. (4) The right to be given an explanation of any benefits to the research participant reasonably to be expected from the medical research, if applicable. (5) The right to be given a disclosure of any appropriate alternative procedures, drugs, or devices that might be advantageous to the research participant, and their relative risks and benefits. (6) The right to be informed of the avenues of medical treatment, if any, available to the research participant after the medical research if complications should arise. (7) The right to be given an opportunity to ask any questions concerning the experiment or the procedures involved. (8) The right to be instructed that consent to participate in the medical research may be withdrawn at any time and the research participant may discontinue participation in the medical research without prejudice. (9) The right to be given a copy of the signed and dated written consent form as provided for by Section 24173 or Section 24178. (10) The right to be given the opportunity to decide to consent or not to consent to a medical experiment without the intervention of any element of force, fraud, deceit, duress, coercion, or undue influence on the research participant’s decision. (b) The rights provided by this section do not supersede, but are in addition to, the rights afforded a research participant pursuant to the Protection of Human Subjects in Medical Experimentation Act (Chapter 1.3 (commencing with Section 24170) of Division 20). (Added by Stats. 2019, Ch. 864, Sec. 3. (AB 922) Effective January 1, 2020.)
  40. 125335.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5.5. USE OF HUMAN CELLS [125300 - 125356] ( Part 5.5 heading added by Stats. 2003, Ch. 507, Sec. 5. ) ## CHAPTER 2. Procuring of Oocytes for Research [125330 - 125356] ( Chapter 2 added by Stats. 2006, Ch. 483, Sec. 7. )

    Verify source ↗

    Before informed consent for AOP or alternative ovarian retrieval, a physician and surgeon must give the subject a standardized medically accurate written summary about health and consumer issues, including risks. If the required summary is not provided, that failure is unprofessional conduct.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5.5. USE OF HUMAN CELLS [125300 - 125356] ( Part 5.5 heading added by Stats. 2003, Ch. 507, Sec. 5. ) ## CHAPTER 2. Procuring of Oocytes for Research [125330 - 125356] ( Chapter 2 added by Stats. 2006, Ch. 483, Sec. 7. ) ## 125335. (a) Prior to obtaining informed consent from a subject for AOP or any alternative method of ovarian retrieval on a subject for the purpose of procuring oocytes for research or the development of medical therapies, a physician and surgeon shall provide to the subject a standardized medically accurate written summary of health and consumer issues associated with AOP and any alternative methods of oocyte retrieval. The failure to provide to a subject this standardized medically accurate written summary constitutes unprofessional conduct within the meaning of Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code. (b) The summary shall include, but not be limited to, medically accurate disclosures concerning the potential risks of AOP or any alternative method of oocyte retrieval, including the risks associated with the surgical procedure and with using the drugs, medications, and hormones prescribed for ovarian stimulation during the AOP process or any alternative method of oocyte retrieval. (c) For purposes of subdivision (a), “written summary of health and consumer issues” means the guide published and updated by the American Society for Reproductive Medicine entitled, “Assisted Reproductive Technology: A Guide for Patients” or an alternative written medically accurate document prepared by a recognized authority on oocyte retrieval for medical research that also meets the criteria included in this section. This alternative document may be one that has been approved and recommended by the State Department of Public Health pursuant to Section 125118 and shall include all of the following: (1) The document shall adhere to simplified reading standards, including, but not limited to, those generally accepted and required for government publications. The document shall be written in layperson’s language and shall be made available in languages spoken by subjects in the study if their proficiency is largely in a language other than English. All information in the document shall be conveyed to the subject orally in easy to understand and nontechnical terms. (2) The document shall include additional resources for, or list additional sources of, medical information on health and safety issues surrounding oocyte retrieval. (Amended by Stats. 2007, Ch. 483, Sec. 34. Effective January 1, 2008.)
  41. 12534.

    ## 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 ↗

    “Within this state” means all territory inside the state’s boundaries.

    ## 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. ) ## 12534. “Within this state” means within all territory within the boundaries of this state. (Added by Stats. 1973, Ch. 1109.)
  42. 125340.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5.5. USE OF HUMAN CELLS [125300 - 125356] ( Part 5.5 heading added by Stats. 2003, Ch. 507, Sec. 5. ) ## CHAPTER 2. Procuring of Oocytes for Research [125330 - 125356] ( Chapter 2 added by Stats. 2006, Ch. 483, Sec. 7. )

    Verify source ↗

    Before providing AOP or another ovarian retrieval method for research or medical therapy, a physician and surgeon must get written and oral informed consent from the research participant.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5.5. USE OF HUMAN CELLS [125300 - 125356] ( Part 5.5 heading added by Stats. 2003, Ch. 507, Sec. 5. ) ## CHAPTER 2. Procuring of Oocytes for Research [125330 - 125356] ( Chapter 2 added by Stats. 2006, Ch. 483, Sec. 7. ) ## 125340. (a) Prior to providing AOP or any alternative method of ovarian retrieval to a research participant for the purposes of medical research or development of medical therapies, a physician and surgeon shall obtain written and oral informed consent for the procedure from the research participant. Informed consent for the purposes of this chapter shall include a signed acknowledgment of the rights contained in the Research Participants Undergoing Oocyte Retrieval for Medical Research Purposes Bill of Rights and comply with the informed consent requirements of the Protection of Human Subjects in Medical Experimentation Act (Chapter 1.3 (commencing with Section 24170) of Division 20). (b) The failure to obtain written informed consent from the research participant constitutes unprofessional conduct within the meaning of Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code. This section does not relieve the physician and surgeon from other existing duties under the law, including, but not limited to, the duty to obtain a research participant’s informed consent after fully explaining the proposed procedure. The requirement that a physician and surgeon provide the standardized written summary pursuant to Section 125335 is in addition to, and does not supplant, other existing legal requirements regarding informed consent, including, but not limited to, compliance with the Protection of Human Subjects in Medical Experimentation Act (Chapter 1.3 (commencing with Section 24170) of Division 20). (c) This chapter does not affect the suitability or availability of oocytes procured for research before January 1, 2007, if the oocytes were donated pursuant to protocols or standards that are generally recognized and accepted by national or international scientific bodies. (d) A written document required pursuant to this section shall adhere to simplified reading standards, including, but not limited to, those generally accepted and required for government publications, and in layperson’s language. The document shall be made available in languages spoken by research participants in the study if their proficiency is largely in a language other than English. All information in the written informed consent document shall also be conveyed to the research participant orally in easy to understand and nontechnical terms. (e) Research conducted pursuant to this chapter shall adhere to federal regulations governing informed consent pursuant to Section 46.116 of Title 45 of the Code of Federal Regulations. (f) This section does not limit or expand the right of an injured research participant to recover damages under any applicable law. (Amended by Stats. 2019, Ch. 864, Sec. 4. (AB 922) Effective January 1, 2020.)
  43. 125341.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5.5. USE OF HUMAN CELLS [125300 - 125356] ( Part 5.5 heading added by Stats. 2003, Ch. 507, Sec. 5. ) ## CHAPTER 2. Procuring of Oocytes for Research [125330 - 125356] ( Chapter 2 added by Stats. 2006, Ch. 483, Sec. 7. )

    Verify source ↗

    IRBs reviewing medical and scientific research involving AOP or other oocyte retrieval methods must require specific participant protections and disclosures.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5.5. USE OF HUMAN CELLS [125300 - 125356] ( Part 5.5 heading added by Stats. 2003, Ch. 507, Sec. 5. ) ## CHAPTER 2. Procuring of Oocytes for Research [125330 - 125356] ( Chapter 2 added by Stats. 2006, Ch. 483, Sec. 7. ) ## 125341. An institutional review board (IRB) that reviews and approves medical and scientific research shall require all of the following of any research program or project that comes under its review that involves AOP or any alternative method of oocyte retrieval: (a) That it include a written summary as required under Section 125335 that would include information on health risks and potential adverse consequences of the procedure and describe the manner in which the research participant will receive and review this written summary. (b) That it inform the research participant that ongoing studies are necessary to assess the long-term health impacts of ovarian stimulation and oocyte retrieval. (c) That it obtain a signed acknowledgment of the Research Participants Undergoing Oocyte Retrieval for Medical Research Purposes Bill of Rights and obtain informed consent in compliance with the Protection of Human Subjects in Medical Experimentation Act (Chapter 1.3 (commencing with Section 24170) of Division 20), including informed consent for information obtained pursuant to Section 125342. (d) That it provide the research participant with an objective and accurate statement about the existing state of the research for which the research participant is providing oocytes. (e) That it perform psychological and physical screening, in accordance with the appropriate standard of care, for all research participants prior to the oocyte retrieval procedure. (f) That it ensure that after conducting AOP or any alternative method of oocyte retrieval on a research participant the research participant be given a postprocedure medical examination at a time within the standard of care to determine if the research participant has experienced an adverse health effect that is a result of the procedure. The research participant shall be informed that they have the right to a second opinion if they have any medical concerns. (g) That it ensure that the research participant has access to and coverage for medically appropriate medical care that is required as a direct result of the procedure for research purposes. The research program or project shall ensure that payment or coverage of resulting medical expenses be provided at no cost to the research participant and that a summary of the arrangements the procuring entity has made for coverage or payment for medical care related to AOP or any alternative method of oocyte retrieval is provided to the research participant prior to the procedure. (h) That it provide a summary informing the research participant that oocytes may not be sold or transferred for valuable consideration except as set forth in Section 125350. (i) That it provide disclosure if the physician and surgeon and their immediate family members have any professional interest in the outcome of the research or of the oocyte retrieval procedure and, if so, that it provide disclosure that they carry the interest of both the research participant and the success of the research. (Amended by Stats. 2019, Ch. 864, Sec. 5. (AB 922) Effective January 1, 2020.)
  44. 125342.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5.5. USE OF HUMAN CELLS [125300 - 125356] ( Part 5.5 heading added by Stats. 2003, Ch. 507, Sec. 5. ) ## CHAPTER 2. Procuring of Oocytes for Research [125330 - 125356] ( Chapter 2 added by Stats. 2006, Ch. 483, Sec. 7. )

    Verify source ↗

    Research programs using AOP or another oocyte retrieval method must keep a written record with specified subject, donation, and adverse-outcome information, while keeping personally identifiable information confidential.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5.5. USE OF HUMAN CELLS [125300 - 125356] ( Part 5.5 heading added by Stats. 2003, Ch. 507, Sec. 5. ) ## CHAPTER 2. Procuring of Oocytes for Research [125330 - 125356] ( Chapter 2 added by Stats. 2006, Ch. 483, Sec. 7. ) ## 125342. (a) A research program or project that involves AOP or any alternative method of oocyte retrieval shall ensure that a written record is established and maintained to include, but not be limited to, all of the following components: (1) The demographics of subjects, including, but not limited to, their age, race, primary language, ethnicity, income bracket, education level, and the first three digits of the ZIP Code of current residence. (2) Information regarding every oocyte that has been donated or used. This record should be sufficient to determine the provenance and disposition of those materials. (3) A record of all adverse health outcomes, including, but not limited to, incidences and degrees of severity, resulting from the AOP or any alternative method of oocyte retrieval. (b) (1) The information included in the written record pursuant to subdivision (a) shall not disclose personally identifiable information about subjects, and shall be confidential and is deemed protected by subject privacy provisions of law. This information shall be reported to the State Department of Public Health, which shall aggregate the data and make it publicly available, as set forth in paragraph (2), in a manner that does not reveal personally identifiable information about the subjects. (2) The department shall provide public access to information that it is required to release pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). The department shall disseminate the information to the general public via governmental and other websites in a manner that is understandable to the average person. The information shall be made available to the public when the biennial review pursuant to Section 125119.5 is provided to the Legislature. (Amended by Stats. 2021, Ch. 615, Sec. 287. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  45. 125343.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5.5. USE OF HUMAN CELLS [125300 - 125356] ( Part 5.5 heading added by Stats. 2003, Ch. 507, Sec. 5. ) ## CHAPTER 2. Procuring of Oocytes for Research [125330 - 125356] ( Chapter 2 added by Stats. 2006, Ch. 483, Sec. 7. )

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    Certain people connected to stem cell research using human oocytes must not be a subject in that 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 5.5. USE OF HUMAN CELLS [125300 - 125356] ( Part 5.5 heading added by Stats. 2003, Ch. 507, Sec. 5. ) ## CHAPTER 2. Procuring of Oocytes for Research [125330 - 125356] ( Chapter 2 added by Stats. 2006, Ch. 483, Sec. 7. ) ## 125343. Any employee who works in the unit conducting stem cell research using human oocytes, persons who report to, or are supervised by, the principal investigator or key personnel of the project, or both, along with the principal investigator and the key personnel of the project, and the immediate family members of any of the above persons are prohibited from being a subject in the research. (Added by Stats. 2006, Ch. 483, Sec. 7. Effective January 1, 2007.)
  46. 125344.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5.5. USE OF HUMAN CELLS [125300 - 125356] ( Part 5.5 heading added by Stats. 2003, Ch. 507, Sec. 5. ) ## CHAPTER 2. Procuring of Oocytes for Research [125330 - 125356] ( Chapter 2 added by Stats. 2006, Ch. 483, Sec. 7. )

    Verify source ↗

    A physician and surgeon who performs AOP or any alternative oocyte retrieval must not have a financial interest in the research outcome.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5.5. USE OF HUMAN CELLS [125300 - 125356] ( Part 5.5 heading added by Stats. 2003, Ch. 507, Sec. 5. ) ## CHAPTER 2. Procuring of Oocytes for Research [125330 - 125356] ( Chapter 2 added by Stats. 2006, Ch. 483, Sec. 7. ) ## 125344. The physician and surgeon performing the AOP or any alternative method of oocyte retrieval shall not have a financial interest in the outcome of the research. (Added by Stats. 2006, Ch. 483, Sec. 7. Effective January 1, 2007.)
  47. 125345.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5.5. USE OF HUMAN CELLS [125300 - 125356] ( Part 5.5 heading added by Stats. 2003, Ch. 507, Sec. 5. ) ## CHAPTER 2. Procuring of Oocytes for Research [125330 - 125356] ( Chapter 2 added by Stats. 2006, Ch. 483, Sec. 7. )

    Verify source ↗

    Researchers must give subjects a chance to record their preferences about future use of donated materials, and the consent process must explore any objections to specific research uses.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5.5. USE OF HUMAN CELLS [125300 - 125356] ( Part 5.5 heading added by Stats. 2003, Ch. 507, Sec. 5. ) ## CHAPTER 2. Procuring of Oocytes for Research [125330 - 125356] ( Chapter 2 added by Stats. 2006, Ch. 483, Sec. 7. ) ## 125345. Pursuant to guidelines adopted by the Research Council and Institute of Medicine of the National Academies, researchers shall offer subjects an opportunity to document their preferences regarding future uses of their donated materials. The consent process shall fully explore whether subjects have objections to any specific forms of research to ensure that their wishes are honored. (Added by Stats. 2006, Ch. 483, Sec. 7. Effective January 1, 2007.)
  48. 125346.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5.5. USE OF HUMAN CELLS [125300 - 125356] ( Part 5.5 heading added by Stats. 2003, Ch. 507, Sec. 5. ) ## CHAPTER 2. Procuring of Oocytes for Research [125330 - 125356] ( Chapter 2 added by Stats. 2006, Ch. 483, Sec. 7. )

    Verify source ↗

    Oocyte procurement and egg extractions for research must follow the chapter’s subject standards, and egg extractions must be approved by an institutional review board.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5.5. USE OF HUMAN CELLS [125300 - 125356] ( Part 5.5 heading added by Stats. 2003, Ch. 507, Sec. 5. ) ## CHAPTER 2. Procuring of Oocytes for Research [125330 - 125356] ( Chapter 2 added by Stats. 2006, Ch. 483, Sec. 7. ) ## 125346. Any procedures for procuring oocytes in this state for research or the development of medical therapies shall meet all of the standards for subjects included in this chapter. All oocytes procured outside of this state for research taking place in this state shall meet these same standards. All egg extractions for research shall be approved by an institutional review board pursuant to Section 125341. (Added by Stats. 2006, Ch. 483, Sec. 7. Effective January 1, 2007.)
  49. 125350.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5.5. USE OF HUMAN CELLS [125300 - 125356] ( Part 5.5 heading added by Stats. 2003, Ch. 507, Sec. 5. ) ## CHAPTER 2. Procuring of Oocytes for Research [125330 - 125356] ( Chapter 2 added by Stats. 2006, Ch. 483, Sec. 7. )

    Verify source ↗

    Human oocytes or embryos may not be acquired, sold, offered for sale, received, or otherwise transferred for valuable consideration for medical research or development of medical therapies.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5.5. USE OF HUMAN CELLS [125300 - 125356] ( Part 5.5 heading added by Stats. 2003, Ch. 507, Sec. 5. ) ## CHAPTER 2. Procuring of Oocytes for Research [125330 - 125356] ( Chapter 2 added by Stats. 2006, Ch. 483, Sec. 7. ) ## 125350. No human oocyte or embryo shall be acquired, sold, offered for sale, received, or otherwise transferred for valuable consideration for the purposes of medical research or development of medical therapies. For purposes of this section, “valuable consideration” does not include reasonable payment for the removal, processing, disposal, preservation, quality control, and storage of oocytes or embryos. (Added by Stats. 2006, Ch. 483, Sec. 7. Effective January 1, 2007.)
  50. 125355.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5.5. USE OF HUMAN CELLS [125300 - 125356] ( Part 5.5 heading added by Stats. 2003, Ch. 507, Sec. 5. ) ## CHAPTER 2. Procuring of Oocytes for Research [125330 - 125356] ( Chapter 2 added by Stats. 2006, Ch. 483, Sec. 7. )

    Verify source ↗

    No payment above direct-expense reimbursement may be made to a subject to encourage production of human oocytes for medical 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 5.5. USE OF HUMAN CELLS [125300 - 125356] ( Part 5.5 heading added by Stats. 2003, Ch. 507, Sec. 5. ) ## CHAPTER 2. Procuring of Oocytes for Research [125330 - 125356] ( Chapter 2 added by Stats. 2006, Ch. 483, Sec. 7. ) ## 125355. (a) No payment in excess of the amount of reimbursement of direct expenses incurred as a result of the procedure shall be made to any subject to encourage the subject to produce human oocytes for the purposes of medical research. (b) This section shall become operative on January 1, 2024. (Repealed (in Sec. 7) and added by Stats. 2019, Ch. 864, Sec. 8. (AB 922) Effective January 1, 2020. Section operative January 1, 2024, by its own provisions.)
  51. 125356.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 5.5. USE OF HUMAN CELLS [125300 - 125356] ( Part 5.5 heading added by Stats. 2003, Ch. 507, Sec. 5. ) ## CHAPTER 2. Procuring of Oocytes for Research [125330 - 125356] ( Chapter 2 added by Stats. 2006, Ch. 483, Sec. 7. )

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    If specified conditions are met, the institutional review board must disregard the amount of compensation when compensated human oocytes are offered for 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 5.5. USE OF HUMAN CELLS [125300 - 125356] ( Part 5.5 heading added by Stats. 2003, Ch. 507, Sec. 5. ) ## CHAPTER 2. Procuring of Oocytes for Research [125330 - 125356] ( Chapter 2 added by Stats. 2006, Ch. 483, Sec. 7. ) ## 125356. If an individual providing human oocytes for the purposes of fertility is compensated, and any human oocytes or embryos in excess of those needed for fertility are offered for research, the institutional review board shall disregard the amount of compensation if all of the following conditions are met: (a) The individual in infertility treatment, after being provided with the necessary disclosures as required for research participants under subdivision (a) of Section 125335, makes the determination that the individual does not want or need the oocytes for their own reproductive success, and provides informed consent to donate the oocytes for medical research. (b) The procurement and disposition for research purposes of human oocytes that were initially provided for reproductive uses, either for use by the donor or another individual, shall not knowingly compromise the optimal reproductive success of the individual in the infertility treatment. (c) The infertility treatment protocol is established prior to requesting or obtaining consent for donation for research purposes and the prospect of donation for research does not alter the timing, method, or procedures selected for clinical care. (d) The clinic performing oocyte retrieval is a member of the Society for Assisted Reproductive Technology. (e) The donation of oocytes for research is done without valuable consideration. (Added by Stats. 2019, Ch. 864, Sec. 9. (AB 922) Effective January 1, 2020.)
  52. 1254.

    ## 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. )

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    This section requires the relevant state departments to inspect, license, approve, and regulate certain health facilities and hospitals, with specific separate-license rules for basic services in freestanding facilities and several exemptions.

    ## 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. ) ## 1254. (a) Except as provided in subdivisions (e) and (f), the state department shall inspect and license health facilities. The state department shall license health facilities to provide their respective basic services specified in Section 1250. Except as provided in Section 1253, the state department shall inspect and approve a general acute care hospital to provide special services as specified in Section 1255. The state department shall develop and adopt regulations to implement the provisions contained in this section. (b) Upon approval, the state department shall issue a separate license for the provision of the basic services enumerated in subdivision (c) or (d) of Section 1250 whenever these basic services are to be provided by an acute care hospital, as defined in subdivision (a), (b), or (f) of that section, where the services enumerated in subdivision (c) or (d) of Section 1250 are to be provided in any separate freestanding facility, whether or not the location of the separate freestanding facility is contiguous to the acute care hospital. The same requirement shall apply to any new freestanding facility constructed for the purpose of providing basic services, as defined in subdivision (c) or (d) of Section 1250, by any acute care hospital on or after January 1, 1984. (c) (1) Those beds licensed to an acute care hospital which, prior to January 1, 1984, were separate freestanding beds and were not part of the physical structure licensed to provide acute care, and which beds were licensed to provide those services enumerated in subdivision (c) or (d) of Section 1250, are exempt from the requirements of subdivision (b). (2) (A) All beds licensed to an acute care hospital and located within the physical structure in which acute care is provided are exempt from the requirements of subdivision (b) irrespective of the date of original licensure of the beds, or the licensed category of the beds. (B) Licensed skilled nursing beds in a distinct part located on a general acute care hospital’s campus are exempt from subdivision (b). If a general acute care hospital has a distinct part approved for skilled nursing beds on its campus, the state department may approve additional licensed skilled nursing beds in a composite distinct part that meets the applicable definition, requirements, and criteria set forth in Section 1253.4. A composite distinct part is exempt from subdivision (b) only if the general acute care hospital’s license has a distinct part on its campus approved for skilled nursing. (3) All beds licensed to an acute care hospital owned and operated by the State of California or any other public agency are exempt from the requirements of subdivision (b). (4) All beds licensed to an acute care hospital in a rural area as defined by Chapter 1010, of the Statutes of 1982, are exempt from the requirements of subdivision (b), except where there is a freestanding skilled nursing facility or intermediate care facility that has experienced an occupancy rate of 95 percent or less during the past 12 months within a 25-mile radius or that may be reached within 30 minutes using a motor vehicle. (5) All beds licensed to an acute care hospital that meet 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, and published by the California Health Facilities Commission, and all beds in hospitals that have fewer than 76 licensed acute care beds and that are located in a census designation place of 15,000 or less population, are exempt from the requirements of subdivision (b), except where there is a freestanding skilled nursing facility or intermediate care facility that has experienced an occupancy rate of 95 percent or less during the past 12 months within a 25-mile radius or that may be reached within 30 minutes using a motor vehicle. (6) All beds licensed to an acute care hospital that has had a certificate of need approved by a health systems agency on or before July 1, 1983, are exempt from the requirements of subdivision (b). (7) All beds licensed to an acute care hospital are exempt from the requirements of subdivision (b), if reimbursement from the Medi-Cal program for beds licensed for the provision of services enumerated in subdivision (c) or (d) of Section 1250 and not otherwise exempt does not exceed the reimbursement that would be received if the beds were in a separately licensed facility. (d) Except as provided in Section 1253, the state department shall inspect and approve a general acute care hospital to provide special services as specified in Section 1255. The state department shall develop and adopt regulations to implement subdivisions (a) to (d), inclusive, of this section. (e) The State Department of Health Care Services shall inspect and license psychiatric health facilities. The State Department of Health Care Services shall license psychiatric health facilities to provide their basic services specified in Section 1250.2. The State Department of Health Care Services shall develop, adopt, or amend regulations to implement this subdivision. (f) The State Department of Health Care Services shall inspect and license psychiatric residential treatment facilities as defined in Section 1250.10. (Amended by Stats. 2026, Ch. 27, Sec. 8. (SB 164) Effective June 29, 2026.)
  53. 1254.1.

    ## 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. )

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    The State Department of Health Care Services must license psychiatric health facilities to provide the basic services listed in Section 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. ) ## 1254.1. (a) The State Department of Health Care Services shall license psychiatric health facilities to provide their basic services specified in Section 1250. (b) Any reference in any statute to Section 1254 shall be deemed and construed to also be a reference to this section. (Amended by Stats. 2013, Ch. 23, Sec. 9. (AB 82) Effective June 27, 2013.)
  54. 1254.2.

    ## 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. )

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    The state department must license chemical dependency recovery hospitals to provide the basic services listed in Section 1250.3(a).

    ## 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. ) ## 1254.2. (a) The state department, in addition to the licensing duties imposed by Section 1254, shall license chemical dependency recovery hospitals to provide the basic services specified in subdivision (a) of Section 1250.3. (b) Any reference in any statute to Section 1254 shall be deemed and construed to also be a reference to this section. (Added by Stats. 1980, Ch. 707.)
  55. 1254.4.

    ## 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. )

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    General acute care hospitals must adopt a policy for a brief accommodation period after brain death is declared, continue only previously ordered cardiopulmonary support during that period, and provide the policy in writing on request or shortly after brain death becomes imminent.

    ## 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. ) ## 1254.4. (a) A general acute care hospital shall adopt a policy for providing family or next of kin with a reasonably brief period of accommodation, as described in subdivision (b), from the time that a patient is declared dead by reason of irreversible cessation of all functions of the entire brain, including the brain stem, in accordance with Section 7180, through discontinuation of cardiopulmonary support for the patient. During this reasonably brief period of accommodation, a hospital is required to continue only previously ordered cardiopulmonary support. No other medical intervention is required. (b) For purposes of this section, a “reasonably brief period” means an amount of time afforded to gather family or next of kin at the patient’s bedside. (c) (1) A hospital subject to this section shall provide the patient’s legally recognized health care decisionmaker, if any, or the patient’s family or next of kin, if available, with a written statement of the policy described in subdivision (a), upon request, but no later than shortly after the treating physician has determined that the potential for brain death is imminent. (2) If the patient’s legally recognized health care decisionmaker, family, or next of kin voices any special religious or cultural practices and concerns of the patient or the patient’s family surrounding the issue of death by reason of irreversible cessation of all functions of the entire brain of the patient, the hospital shall make reasonable efforts to accommodate those religious and cultural practices and concerns. (d) For purposes of this section, in determining what is reasonable, a hospital shall consider the needs of other patients and prospective patients in urgent need of care. (e) There shall be no private right of action to sue pursuant to this section. (Added by Stats. 2008, Ch. 465, Sec. 1. Effective January 1, 2009.)
  56. 1254.5.

    ## 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. )

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    Eating disorders are defined by reference to the DSM, and inpatient treatment of eating disorders is limited to state licensed hospitals or certain other licensed health facilities designated by the State Department of Public Health.

    ## 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. ) ## 1254.5. (a) The Legislature finds and declares that the disease of eating disorders is not simply medical or psychiatric, but involves biological, sociological, psychological, family, medical, and spiritual components. In addition, the Legislature finds and declares that the treatment of eating disorders is multifaceted, and like the treatment of chemical dependency, does not fall neatly into either the traditional medical or psychiatric milieu. (b) The inpatient treatment of eating disorders shall be provided only in state licensed hospitals, which may be general acute care hospitals as defined in subdivision (a) of Section 1250, acute psychiatric hospitals as defined in subdivision (b) of Section 1250, or any other licensed health facility designated by the State Department of Public Health. (c) “Eating disorders,” for the purposes of this section, shall have the meaning of the term as defined in the Diagnostic and Statistical Manual of Mental Disorders, as published by the American Psychiatric Association. (Amended by Stats. 2015, Ch. 435, Sec. 1. (AB 614) Effective January 1, 2016.)
  57. 1254.6.

    ## 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. )

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    Hospitals must give newborn parents or guardians free sudden infant death syndrome information and materials at discharge, and licensed midwives must do the same for home births.

    ## 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. ) ## 1254.6. (a) A hospital shall provide, free of charge, information and instructional materials regarding sudden infant death syndrome, as described in Section 1596.847, explaining the medical effects upon infants and young children and emphasizing measures that may reduce the risk. (b) The information and materials described in subdivision (a) shall be provided to parents or guardians of each newborn, upon discharge from the hospital. In the event of home birth attended by a licensed midwife, the midwife shall provide the information and instructional materials to the parents or guardians of the newborn. (c) To the maximum extent practicable, the materials provided to parents or guardians of each newborn shall substantially reflect the information contained in materials approved by the state department for public circulation. The state department shall make available to hospitals, free of charge, information in camera-ready typesetting format. Nothing in this section prohibits a hospital from obtaining free and suitable information from any other public or private agency. (Added by Stats. 1997, Ch. 263, Sec. 2. Effective January 1, 1998.)
  58. 1254.7.

    ## 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. )

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    Licensed health facilities must assess pain as part of licensure-related care, do it consistently and appropriately for the patient, and record the assessment in the patient chart.

    ## 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. ) ## 1254.7. (a) It is the intent of the Legislature that pain be assessed and treated promptly, effectively, and for as long as pain persists. (b) A health facility licensed pursuant to this chapter shall, as a condition of licensure, include pain as an item to be assessed. The health facility shall ensure that pain assessment is performed in a consistent manner that is appropriate to the patient. The pain assessment shall be noted in the patient’s chart. (Amended by Stats. 2017, Ch. 615, Sec. 2. (AB 1048) Effective January 1, 2018.)
  59. 12540.

    ## 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 2. Exceptions [12540 - 12541.1] ( Chapter 2 added by Stats. 1973, Ch. 1109. )

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    This section says Part 2 does not apply to several listed explosives-related items and 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 2. Exceptions [12540 - 12541.1] ( Chapter 2 added by Stats. 1973, Ch. 1109. ) ## 12540. The provisions of this part shall not apply to any of the following: (a) Explosives regulated under Part 1 (commencing with Section 12000) of Division 11. (b) Arms and handguns defined as firearms by the Federal Gun Control Act of 1968, as well as such devices and weapons classified under Section 16460 of the Penal Code or any provision listed in Section 16590 of the Penal Code, including blank cartridge pistols of the type used at sporting events or theatrical productions. (c) Research or experiments with rockets or missiles or the production or transportation of rockets or missiles by the Department of Defense of the United States, or by any agency or organization acting pursuant to a contract with the Department of Defense for the development and production of rockets or missiles. (d) Paper caps which contain less than 0.25 grain of pyrotechnic composition per unit load. (Amended by Stats. 2010, Ch. 178, Sec. 39. (SB 1115) Effective January 1, 2011. Operative January 1, 2012, by Sec. 107 of Ch. 178.)
  60. 12541.

    ## 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 2. Exceptions [12540 - 12541.1] ( Chapter 2 added by Stats. 1973, Ch. 1109. )

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    This section says the part does not authorize fireworks sale, use, or discharge where a city, county, or city and county already prohibits or regulates that activity by law or ordinance.

    ## 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 2. Exceptions [12540 - 12541.1] ( Chapter 2 added by Stats. 1973, Ch. 1109. ) ## 12541. Nothing in this part authorizes the sale, use, or discharge of fireworks in any city, county, or city and county in which the sale, use, or discharge is otherwise prohibited or regulated by law or ordinance. (Amended by Stats. 1984, Ch. 202, Sec. 1. Effective June 19, 1984. Pursuant to Sec. 2 of Ch. 202, Section 12541.1 prevails in case of conflict.)
  61. 12541.1.

    ## 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 2. Exceptions [12540 - 12541.1] ( Chapter 2 added by Stats. 1973, Ch. 1109. )

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    A qualifying special district may adopt rules to prohibit or regulate fireworks, but county, city, or state rules override it in overlapping areas.

    ## 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 2. Exceptions [12540 - 12541.1] ( Chapter 2 added by Stats. 1973, Ch. 1109. ) ## 12541.1. (a) A special district which provides fire protection, prevention, or suppression services may adopt an ordinance or regulation to prohibit or regulate the sale, use, or discharge of fireworks within that special district. (b) If the county or city in which any area of the special district is located has adopted an ordinance or regulation to prohibit or regulate the sale, use, or discharge of fireworks within that county or city, the ordinance or regulation adopted by the county or city shall prevail over the ordinance or regulation adopted by the special district within any area of the special district which is within that county or city, and only the ordinance or regulation adopted by the county or city shall be operative in that area of the special district. (c) If any area of a special district encompasses lands which are a state responsibility area, as defined in Sections 4125 and 4126 of the Public Resources Code, any regulation or prohibition of the state with respect to the sale, use, or discharge of fireworks within the state responsibility area shall prevail over any ordinance or regulation of the special district within that area. (Added by Stats. 1984, Ch. 262, Sec. 1. Effective June 29, 1984.)
  62. 1255.

    ## 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. )

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    This section lets certain hospitals be approved to offer special services and requires the department to set standards, while restricting cardiac catheterizations to permitted hospital or clinic settings.

    ## 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. ) ## 1255. (a) In addition to the basic services offered under the license, a general acute care hospital may be approved in accordance with subdivision (c) of Section 1277 to offer special services, including, but not limited to, the following: (1) Radiation therapy department. (2) Burn center. (3) Emergency center. (4) Hemodialysis center (or unit). (5) Psychiatric. (6) Intensive care newborn nursery. (7) Cardiac surgery. (8) Cardiac catheterization laboratory. (9) Renal transplant. (10) Other special services as the department may prescribe by regulation. (b) A general acute care hospital that exclusively provides acute medical rehabilitation center services may be approved in accordance with subdivision (b) of Section 1277 to offer special services not requiring surgical facilities. (c) The department shall adopt standards for special services and other regulations as may be necessary to implement this section. (d) (1) For cardiac catheterization laboratory service, the department shall, at a minimum, adopt standards and regulations that specify the type of services, including diagnostic services, that may be offered by a general acute care hospital or a multispecialty clinic as defined in subdivision (l) of Section 1206 that is approved to provide cardiac catheterization laboratory service but is not also approved to provide cardiac surgery service, together with the conditions under which the cardiac catheterization laboratory service may be offered. (2) Except as provided in paragraph (3), a cardiac catheterization laboratory service shall be located in a general acute care hospital that is either licensed to perform cardiovascular procedures requiring extracorporeal coronary artery bypass that meets all of the applicable licensing requirements relating to staff, equipment, and space for service, or shall, at a minimum, have a licensed intensive care service and coronary care service and maintain a written agreement for the transfer of patients to a general acute care hospital that is licensed for cardiac surgery or shall be located in a multispecialty clinic as defined in subdivision (l) of Section 1206. The transfer agreement shall include protocols that will minimize the need for duplicative cardiac catheterizations at the hospital in which the cardiac surgery is to be performed. (3) Commencing March 1, 2013, a general acute care hospital that has applied for program flexibility on or before July 1, 2012, to expand cardiac catheterization laboratory services may utilize cardiac catheterization space that is in conformance with applicable building code standards, including those promulgated by the Office of Statewide Health Planning and Development, now known as the Department of Health Care Access and Information, provided that all of the following conditions are met: (A) The expanded laboratory space is located in the building so that the space is connected to the general acute care hospital by an enclosed all-weather passageway that is accessible by staff and patients who are accompanied by staff. (B) The service performs cardiac catheterization services on no more than 25 percent of the hospital’s inpatients who need cardiac catheterizations. (C) The service complies with the same policies and procedures approved by hospital medical staff for cardiac catheterization laboratories that are located within the general acute care hospital, and the same standards and regulations prescribed by the department for cardiac catheterization laboratories located inside general acute care hospitals, including, but not limited to, appropriate nurse-to-patient ratios under Section 1276.4, and with all standards and regulations prescribed by the Office of Statewide Health Planning and Development, now known as the Department of Health Care Access and Information. Emergency regulations allowing a general acute care hospital to operate a cardiac catheterization laboratory service shall be adopted by the department and by the Office of Statewide Health Planning and Development by February 28, 2013. (D) Emergency regulations implementing this paragraph have been adopted by the department and by the Office of Statewide Health Planning and Development by February 28, 2013. (E) This paragraph shall not apply to more than two general acute care hospitals. (4) After March 1, 2014, an acute care hospital may only operate a cardiac catheterization laboratory service pursuant to paragraph (3) if the department and the Office of Statewide Health Planning and Development, now known as the Department of Health Care Access and Information, have adopted 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 that provide adequate protection to patient health and safety including, but not limited to, building standards contained in Part 2.5 (commencing with Section 18901) of Division 13. (5) Notwithstanding Section 129885, cardiac catheterization laboratory services expanded in accordance with paragraph (3) shall be subject to all applicable building standards. The Office of Statewide Health Planning and Development, now known as the Department of Health Care Access and Information, shall review the services for compliance with the OSHPD 3 requirements of the most recent version of the California Building Standards Code. (e) For purposes of this section, “multispecialty clinic,” as defined in subdivision (l) of Section 1206, includes an entity in which the multispecialty clinic holds at least a 50-percent general partner interest and maintains responsibility for the management of the service, if all of the following requirements are met: (1) The multispecialty clinic existed as of March 1, 1983. (2) Prior to March 1, 1985, the multispecialty clinic did not offer cardiac catheterization services, dynamic multiplane imaging, or other types of coronary or similar angiography. (3) The multispecialty clinic creates only one entity that operates its service at one site. (4) These entities shall have the equipment and procedures necessary for the stabilization of patients in emergency situations prior to transfer and patient transfer arrangements in emergency situations that shall be in accordance with the standards established by the Emergency Medical Services Authority, including the availability of comprehensive care and the qualifications of any general acute care hospital expected to provide emergency treatment. (f) Except as provided in this section and in Sections 100921 and 100922, cardiac catheterizations shall not be performed outside of a general acute care hospital or a multispecialty clinic, as defined in subdivision (l) of Section 1206, that qualifies for this definition as of March 1, 1983. (Amended by Stats. 2024, Ch. 136, Sec. 1. (SB 1464) Effective January 1, 2025.)
  63. 1255.1.

    ## 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. )

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    Hospitals that provide emergency medical services must give advance notice before reducing or eliminating those services, and must also give public notice in specified ways.

    ## 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. ) ## 1255.1. (a) Any hospital that provides emergency medical services under Section 1255 shall, as soon as possible, but not later than 180 days prior to a planned reduction or elimination of the level of emergency medical services, provide notice of the intended change to the department, the local government entity in charge of the provision of health services, and all health care service plans or other entities under contract with the hospital to provide services to enrollees of the plan or other entity. (b) In addition to the notice required by subdivision (a), the hospital shall provide, at the same time as the notice specified in subdivision (a), public notice of the intended change in a manner that is likely to reach a significant number of residents of the community serviced by that facility. (c) A hospital shall not be subject to this section or Section 1255.2 if the department does either of the following: (1) Determines that the use of resources to keep the emergency center open substantially threatens the stability of the hospital as a whole. (2) Cites the emergency center for unsafe staffing practices. (d) For purposes of this section, the public notice required in subdivision (b) shall include, but not be limited to, all of the following: (1) Written notice to the city council of the city in which the hospital is located. (2) A continuous notice posted in a conspicuous location on the home page of the hospital’s internet website. (3) A notice published in a conspicuous location within a newspaper of general circulation serving the local geographical area in which the hospital is located. The notice shall continue for a minimum of 15 publication dates. (4) A continuous notice posted in a conspicuous location within the internet website of a newspaper of general circulation serving the local geographical area in which the hospital is located. (5) A notice posted at the entrance of every community clinic within the affected county in which the hospital is located that grants voluntary permission for posting. (Amended by Stats. 2020, Ch. 95, Sec. 1. (AB 2037) Effective January 1, 2021.)
  64. 1255.2.

    ## 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. )

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    A health facility that is downgrading or changing must make reasonable efforts to inform the community served about the downgrade or closure.

    ## 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. ) ## 1255.2. A health facility implementing a downgrade or change shall make reasonable efforts to ensure that the community served by its facility is informed of the downgrade or closure. Reasonable efforts may include, but not be limited to, advertising the change in terms likely to be understood by a layperson, soliciting media coverage regarding the change, informing patients of the facility of the impending change, and notifying contracting health care service plans as required in Section 1255.1. (Added by Stats. 1998, Ch. 995, Sec. 2. Effective January 1, 1999.)
  65. 1255.25.

    ## 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. )

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    Health facilities must give advance public notice before closing, eliminating, or relocating certain services, and must hold a noticed public hearing before eliminating an inpatient psychiatric or perinatal unit.

    ## 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. ) ## 1255.25. (a) (1) Except as provided in subparagraph (3), not less than 120 days prior to closing a health facility, as defined in subdivision (a) or (b) of Section 1250, or 90 days prior to eliminating a supplemental service, as defined in Section 70067 of Chapter 1 of Division 5 of Title 22 of the California Code of Regulations, the facility shall provide public notice of the proposed closure or elimination of the supplemental service, including a notice posted at the entrance to all affected facilities, a notice to all contracted Medi-Cal managed care plans, as defined in subdivision (j) of Section 14181.101 of the Welfare and Institutions Code, and a notice to the department and the board of supervisors of the county in which the health facility is located. (2) Not less than 90 days prior to relocating the provision of supplemental services to a different campus, a health facility, as defined in subdivision (a) or (b) of Section 1250, shall provide public notice of the proposed relocation of supplemental services, including a notice posted at the entrance to all affected facilities and notice to the department and the board of supervisors of the county in which the health facility is located. (3) (A) Not less than 120 days prior to eliminating a supplemental service of either an inpatient psychiatric unit or a perinatal unit, a health facility, as defined in subdivisions (a) and (b) of Section 1250, shall provide public notice of the proposed elimination of the supplemental service, including a notice posted at the entrance to all affected facilities, a notice to all contracted Medi-Cal managed care plans, as defined in subdivision (j) of Section 141814.101 of the Welfare and Institutions Code, and a notice to the department and the board of supervisors of the county in which the health facility is located. (B) The health facility shall conduct at least one noticed public hearing within 60 days of providing public notice of the proposed elimination of the inpatient psychiatric unit or perinatal unit, in addition to accepting public comment pursuant to subparagraph (C) of paragraph (1) of subdivision (b). The health facility shall post the public hearing notice and the agenda alongside their public notice for the proposed elimination of services, pursuant to paragraph (2) of subdivision (b). The health facility holding the public hearing held shall comply with all of the following requirements: (i) Hold the public hearing within the county in which the health facility is located and within 25 miles of the health facility and be accessible to the public remotely. (ii) Accept written public comment in advance of the hearing and reserve adequate time on the agenda for public comments from individuals attending in-person and remotely. (iii) Notify the board of supervisors of the county in which the health facility is located when a public hearing is scheduled and invite the board of supervisors to provide testimony on the impacts of the elimination of services to the county and community health systems. (b) (1) The public notice required by subdivision (a) shall include all of the following: (A) A description of the proposed closure, elimination, or relocation. The description shall be limited to publicly available data, including the number of beds eliminated, if any, the probable decrease in the number of personnel, and a summary of any service that is being eliminated, if applicable. (B) A description of the three nearest available comparable services in the community. If the health facility closing these services serves Medi-Cal or Medicare patients, this health facility shall specify if the providers of the nearest available comparable services serve these patients. (C) A telephone number, address, and email address for each of the following, where interested parties may offer comments: (i) The health facility. (ii) The parent entity, if any, or contracted company, if any, that acts as the corporate administrator of the health facility. (iii) The chief executive officer. (D) Statistically deidentified and aggregated data about the health facility’s patients who received either inpatient psychiatric services or perinatal services, as applicable, within the past five years, including, but not limited to, all of the following: (i) The conditions treated. (ii) The ethnicities of patients served, if the patient voluntarily shared their ethnicity with the health facility. Data on ethnicities shall only be shared on the public notice to the extent to which it does not disclose any personal information in a manner that would link the information disclosed to the individual to whom it pertains. (iii) The ages of patients served. (iv) Whether the patients served had private insurance, Medi-Cal, Medicare, or no insurance. (v) A justification for the health facility’s decision to eliminate services. (2) For purposes of this section, the public notice required in subdivision (a) shall include, but not be limited to, all of the following: (A) Written notice to the city council of the city in which the health facility is located. (B) A continuous notice posted in a conspicuous location on the homepage of the health facility’s internet website. (C) A notice published in a conspicuous location within a newspaper of general circulation serving the local geographical area in which the health facility is located. The notice shall continue for a minimum of 15 publication dates. (D) A continuous notice posted in a conspicuous location within the internet website of a newspaper of general circulation serving the local geographical area in which the health facility is located. (E) A notice posted at the entrance of every community clinic within the affected county in which the health facility is located that grants voluntary permission for posting. (c) Notwithstanding subdivisions (a) and (b), this section shall not apply to county facilities subject to Section 1442.5. (d) This section shall not apply to a health facility that is forced to close or eliminate a service as a result of a natural disaster or state of emergency that prevents the health facility from being able to operate at its current level. (Amended by Stats. 2024, Ch. 894, Sec. 1. (SB 1300) Effective January 1, 2025.)
  66. 1255.3.

    ## 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. )

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    The state department and the Emergency Medical Services Authority must set signage rules for certain urban health facilities by June 30, 1999, and those facilities must not advertise emergency services or use “emergency” on the signage.

    ## 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. ) ## 1255.3. On or before June 30, 1999, with the state department as the lead agency, the state department and the Emergency Medical Services Authority, in consultation with hospitals and other health care providers and local emergency medical services agencies, shall designate signage requirements for a health facility holding a special permit for a standby emergency medical service located in an urban area. The signage shall not include the word “emergency” and shall reflect the type of emergency services provided by the facility, and be easily understood by the average person. The facility shall not post signs, distribute literature, or advertise that emergency services are available at the facility. Nothing in this section shall be construed to mean that a facility is no longer providing emergency services for purposes of billing or reimbursement. A small and rural hospital, as defined in Section 124840, is not subject to the requirements of this section. (Added by Stats. 1998, Ch. 995, Sec. 3. Effective January 1, 1999.)
  67. 1255.5.

    ## 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. )

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    This section defines several hospital service terms and says a general acute care hospital cannot have a cardiac surgery service unless it also has a cardiac catheterization laboratory service.

    ## 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. ) ## 1255.5. For purposes of Section 1255, the following definitions apply: (a) “Cardiac catheterization” includes an intravascular insertion of a catheter into the heart for the primary definition and diagnosis of an anatomic cardiac lesion. For the purposes of this definition, the insertion of a Swan-Ganz thermodilution cardiac output catheter, a venous line, and a temporary pacemaking electrode catheter are excluded. (b) “Cardiac surgery” means surgery on the heart or great vessels requiring a thoracotomy and extracorporeal circulation. (c) “Cardiovascular surgery service” means a program of a general acute care hospital which has the capability of performing cardiac catheterizations and cardiac surgery as defined in this section. Under no circumstances shall there exist in a general acute care hospital a cardiac surgery service without a cardiac catheterization laboratory service. (d) “Cardiac catheterization laboratory service” means a program of a general acute care hospital which has the capability of performing cardiac catheterization. Cardiac catheterization laboratory service does not include pediatric cardiac catheterization laboratory service. (e) “Pediatric cardiac surgery service” means a program of a general acute care hospital which has the capability of performing cardiac catheterization and cardiac surgery, as defined in this section, for the diagnosis and treatment of congenital defects in children. Cardiac catheterization for pediatric patients shall be performed only in a general acute care hospital that has the capability to perform cardiac surgery on pediatric patients. (f) “Intensive care newborn nursery services” means the provision of comprehensive and intensive care for all contingencies of the newborn infant, including intensive, intermediate, and continuing care. Policies, procedures, and space requirements for intensive, intermediate, and continuing care services shall be based upon the standards and recommendations of the American Academy of Pediatrics Guidelines for Perinatal Care, 1983. (Amended by Stats. 1998, Ch. 775, Sec. 2. Effective January 1, 1999.)
  68. 1255.6.

    ## 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. )

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    During cardiovascular surgery, a perfusionist must operate extracorporeal equipment under immediate supervision, and the hospital or its medical staff is responsible for determining the perfusionist’s qualifications, competence, and privileges.

    ## 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. ) ## 1255.6. During cardiovascular surgery, a perfusionist, as defined by Chapter 5.67 (commencing with Section 2590) of Division 2 of the Business and Professions Code, shall operate the extracorporeal equipment under the immediate supervision of the cardiovascular surgeon or anesthesiologist. The determination of the qualifications and competence of a perfusionist, and the awarding of appropriate privileges, shall be the responsibility of the general acute care hospital or its medical staff. (Added by Stats. 1998, Ch. 775, Sec. 3. Effective January 1, 1999.)
  69. 1255.7.

    ## 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. )

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    This section sets rules for safe-surrender sites that accept newborns 72 hours old or younger, require certain notices and confidentiality protections, and impose reporting and custody-transfer duties on site personnel and child welfare agencies.

    ## 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. ) ## 1255.7. (a) (1) For purposes of this section, “safe-surrender site” means either of the following: (A) A location designated by the board of supervisors of a county or by a local fire agency, upon the approval of the appropriate local governing body of the agency, to be responsible for accepting physical custody of a minor child who is 72 hours old or younger from a parent or individual who has lawful custody of the child and who surrenders the child pursuant to Section 271.5 of the Penal Code. Before designating a location as a safe-surrender site pursuant to this subdivision, the designating entity shall consult with the governing body of a city, if the site is within the city limits, and with representatives of a fire department and a child welfare agency that may provide services to a child who is surrendered at the site, if that location is selected. (B) A location within a public or private hospital that is designated by that hospital to be responsible for accepting physical custody of a minor child who is 72 hours old or younger from a parent or individual who has lawful custody of the child and who surrenders the child pursuant to Section 271.5 of the Penal Code. (2) For purposes of this section, “parent” means a birth parent of a minor child who is 72 hours old or younger. (3) For purposes of this section, “personnel” means a person who is an officer or employee of a safe-surrender site or who has staff privileges at the site. (4) A hospital and a safe-surrender site designated by the county board of supervisors or by a local fire agency, upon the approval of the appropriate local governing body of the agency, shall post a sign displaying a statewide logo that has been adopted by the State Department of Social Services that notifies the public of the location where a minor child 72 hours old or younger may be safely surrendered pursuant to this section. (b) Personnel on duty at a safe-surrender site shall accept physical custody of a minor child 72 hours old or younger pursuant to this section if a parent or other individual having lawful custody of the child voluntarily surrenders physical custody of the child to personnel who are on duty at the safe-surrender site. Safe-surrender site personnel shall ensure that a qualified person does all of the following: (1) Places a coded, confidential ankle bracelet on the child. (2) Provides, or makes a good faith effort to provide, to the parent or other individual surrendering the child a copy of a unique, coded, confidential ankle bracelet identification in order to facilitate reclaiming the child pursuant to subdivision (f). However, possession of the ankle bracelet identification, in and of itself, does not establish parentage or a right to custody of the child. (3) Provides, or makes a good faith effort to provide, to the parent or other individual surrendering the child a medical information questionnaire, which may be declined, voluntarily filled out and returned at the time the child is surrendered, or later filled out and mailed in the envelope provided for this purpose. This medical information questionnaire shall not require identifying information about the child or the parent or individual surrendering the child, other than the identification code provided in the ankle bracelet placed on the child. Every questionnaire provided pursuant to this section shall begin with the following notice in no less than 12-point type: “NOTICE: THE BABY YOU HAVE BROUGHT IN TODAY MAY HAVE SERIOUS MEDICAL NEEDS IN THE FUTURE THAT WE DON’T KNOW ABOUT TODAY. SOME ILLNESSES, INCLUDING CANCER, ARE BEST TREATED WHEN WE KNOW ABOUT FAMILY MEDICAL HISTORIES. IN ADDITION, SOMETIMES RELATIVES ARE NEEDED FOR LIFE-SAVING TREATMENTS. TO MAKE SURE THIS BABY WILL HAVE A HEALTHY FUTURE, YOUR ASSISTANCE IN COMPLETING THIS QUESTIONNAIRE FULLY IS ESSENTIAL. THANK YOU.” (c) Personnel of a safe-surrender site that has physical custody of a minor child pursuant to this section shall ensure that a medical screening examination and any necessary medical care is provided to the minor child. Notwithstanding any other provision of law, the consent of the parent or other relative shall not be required to provide that care to the minor child. (d) (1) As soon as possible, but in no event later than 48 hours after the physical custody of a child has been accepted pursuant to this section, personnel of the safe-surrender site that has physical custody of the child shall notify child protective services or a county agency providing child welfare services pursuant to Section 16501 of the Welfare and Institutions Code, that the safe-surrender site has physical custody of the child pursuant to this section. In addition, medical information pertinent to the child’s health, including, but not limited to, information obtained pursuant to the medical information questionnaire described in paragraph (3) of subdivision (b) that has been received by or is in the possession of the safe-surrender site shall be provided to that child protective services or county agency. (2) Any personal identifying information that pertains to a parent or individual who surrenders a child that is obtained pursuant to the medical information questionnaire is confidential and shall be exempt from disclosure by the child protective services or county agency under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). Personal identifying information that pertains to a parent or individual who surrenders a child shall be redacted from any medical information provided to child protective services or the county agency providing child welfare services. (e) Child protective services or the county agency providing child welfare services pursuant to Section 16501 of the Welfare and Institutions Code shall assume temporary custody of the child pursuant to Section 300 of the Welfare and Institutions Code immediately upon receipt of notice under subdivision (d). Child protective services or the county agency providing child welfare services pursuant to Section 16501 of the Welfare and Institutions Code shall immediately investigate the circumstances of the case and file a petition pursuant to Section 311 of the Welfare and Institutions Code. Child protective services or the county agency providing child welfare services pursuant to Section 16501 of the Welfare and Institutions Code shall immediately notify the State Department of Social Services of each child to whom this subdivision applies upon taking temporary custody of the child pursuant to Section 300 of the Welfare and Institutions Code. As soon as possible, but no later than 24 hours after temporary custody is assumed, child protective services or the county agency providing child welfare services pursuant to Section 16501 of the Welfare and Institutions Code shall report all known identifying information concerning the child, except personal identifying information pertaining to the parent or individual who surrendered the child, to the California Missing Children Clearinghouse and to the National Crime Information Center. (f) If, prior to the filing of a petition under subdivision (e), a parent or individual who has voluntarily surrendered a child pursuant to this section requests that the safe-surrender site that has physical custody of the child pursuant to this section return the child and the safe-surrender site still has custody of the child, personnel of the safe-surrender site shall either return the child to the parent or individual or contact a child protective agency if any personnel at the safe-surrender site knows or reasonably suspects that the child has been the victim of child abuse or neglect. The voluntary surrender of a child pursuant to this section is not in and of itself a sufficient basis for reporting child abuse or neglect. The terms “child abuse,” “child protective agency,” “mandated reporter,” “neglect,” and “reasonably suspects” shall be given the same meanings as in Article 2.5 (commencing with Section 11164) of Title 1 of Part 4 of the Penal Code. (g) Subsequent to the filing of a petition under subdivision (e), if, within 14 days of the voluntary surrender described in this section, the parent or individual who surrendered custody returns to claim physical custody of the child, the child welfare agency shall verify the identity of the parent or individual, conduct an assessment of that person’s circumstances and ability to parent, and request that the juvenile court dismiss the petition for dependency and order the release of the child, if the child welfare agency determines that none of the conditions described in subdivisions (a) to (d), inclusive, of Section 319 of the Welfare and Institutions Code currently exist. (h) A safe-surrender site, or the personnel of a safe-surrender site, shall not have liability of any kind for a surrendered child prior to taking actual physical custody of the child. A safe-surrender site, or personnel of the safe-surrender site, that accepts custody of a surrendered child pursuant to this section shall not be subject to civil, criminal, or administrative liability for accepting the child and caring for the child in the good faith belief that action is required or authorized by this section, including, but not limited to, instances where the child is older than 72 hours or the parent or individual surrendering the child did not have lawful physical custody of the child. A safe-surrender site, or the personnel of a safe-surrender site, shall not be subject to civil, criminal, or administrative liability for a surrendered child prior to the time that the site or its personnel know, or should know, that the child has been surrendered. This subdivision does not confer immunity from liability for personal injury or wrongful death, including, but not limited to, injury resulting from medical malpractice. (i) (1) In order to encourage assistance to persons who voluntarily surrender physical custody of a child pursuant to this section or Section 271.5 of the Penal Code, no person who, without compensation and in good faith, provides assistance for the purpose of effecting the safe surrender of a minor 72 hours old or younger shall be civilly liable for injury to or death of the minor child as a result of the person’s acts or omissions. This immunity does not apply to an act or omission constituting gross negligence, recklessness, or willful misconduct. (2) For purposes of this section, “assistance” means transporting the minor child to the safe-surrender site as a person with lawful custody, or transporting or accompanying the parent or person with lawful custody at the request of that parent or person to effect the safe surrender, or performing any other act in good faith for the purpose of effecting the safe surrender of the minor. (j) For purposes of this section, “lawful custody” means physical custody of a minor 72 hours old or younger accepted by a person from a parent of the minor, who the person believes in good faith is the parent of the minor, with the specific intent and promise of effecting the safe surrender of the minor. (k) Any identifying information that pertains to a parent or individual who surrenders a child pursuant to this section, that is obtained as a result of the questionnaire described in paragraph (3) of subdivision (b) or in any other manner, is confidential, 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), and shall not be disclosed by any personnel of a safe-surrender site that accepts custody of a child pursuant to this section. (Amended by Stats. 2021, Ch. 615, Sec. 220. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  70. 1255.8.

    ## 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. )

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    Health facilities must test certain admitted patients for MRSA, with follow-up testing in some cases, and positive results trigger notice and discharge instructions.

    ## 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. ) ## 1255.8. (a) For purposes of this section, the following terms have the following meanings: (1) “Colonized” means that a pathogen is present on the patient’s body, but is not causing any signs or symptoms of an infection. (2) “Committee” means the Healthcare Associated Infection Advisory Committee established pursuant to Section 1288.5. (3) “Health facility” means a facility as defined in subdivision (a) of Section 1250. (4) “Health-care-associated infection,” “health-facility-acquired infection,” or “HAI” means a health-care-associated infection as defined by the National Healthcare Safety Network of the federal Centers for Disease Control and Prevention, unless the department adopts a definition consistent with the recommendations of the committee or its successor. (5) “MRSA” means Methicillin-resistant Staphylococcus aureus. (b) (1) Each patient who is admitted to a health facility shall be tested for MRSA in the following cases, within 24 hours of admission: (A) The patient is scheduled for inpatient surgery and has a documented medical condition making the patient susceptible to infection, based either upon federal Centers for Disease Control and Prevention findings or the recommendations of the committee or its successor. (B) It has been documented that the patient has been previously discharged from a general acute care hospital within 30 days prior to the current hospital admission. (C) The patient will be admitted to an intensive care unit or burn unit of the hospital. (D) The patient receives inpatient dialysis treatment. (E) The patient is being transferred from a skilled nursing facility. (2) The department may interpret this subdivision to take into account the recommendations of the federal Centers for Disease Control and Prevention, or recommendations of the committee or its successor. (3) If a patient tests positive for MRSA, the attending physician shall inform the patient or the patient’s representative immediately or as soon as practically possible. (4) A patient who tests positive for MRSA infection shall, prior to discharge, receive oral and written instruction regarding aftercare and precautions to prevent the spread of the infection to others. (c) Commencing January 1, 2011, a patient tested in accordance with subdivision (b) and who shows evidence of increased risk of invasive MRSA shall again be tested for MRSA immediately prior to discharge from the facility. This subdivision shall not apply to a patient who has tested positive for MRSA infection or colonization upon entering the facility. (d) A patient who is tested pursuant to subdivision (c) and who tests positive for MRSA infection shall receive oral and written instructions regarding aftercare and precautions to prevent the spread of the infection to others. (e) The infection control policy required pursuant to Section 70739 of Title 22 of the California Code of Regulations, at a minimum, shall include all of the following: (1) Procedures to reduce health care associated infections. (2) Regular disinfection of all restrooms, countertops, furniture, televisions, telephones, bedding, office equipment, and surfaces in patient rooms, nursing stations, and storage units. (3) Regular removal of accumulations of bodily fluids and intravenous substances, and cleaning and disinfection of all movable medical equipment, including point-of-care testing devices such as glucometers, and transportable medical devices. (4) Regular cleaning and disinfection of all surfaces in common areas in the facility such as elevators, meeting rooms, and lounges. (f) Each facility shall designate an infection control officer who, in conjunction with the hospital infection control committee, shall ensure implementation of the testing and reporting provisions of this section and other hospital infection control efforts. The reports shall be presented to the appropriate committee within the facility for review. The name of the infection control officer shall be made publicly available, upon request. (g) The department shall establish a health care acquired infection program pursuant to this section. (Added by Stats. 2008, Ch. 296, Sec. 3. Effective January 1, 2009.)
  71. 1255.9.

    ## 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. )

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    Skilled nursing facilities must maintain a full-time Infection Preventionist, keep an infection prevention quality control plan, and provide annual infection prevention training to health care personnel.

    ## 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. ) ## 1255.9. (a) (1) A skilled nursing facility shall have a full-time, dedicated Infection Preventionist (IP). (2) The IP role may be filled either by one full-time IP staff member or by two staff members sharing the IP responsibilities, as long as the total time dedicated to the IP role equals at least the time of one full-time staff member. (3) The IP shall meet the following requirements: (A) Have primary professional training as a licensed nurse, medical technologist, microbiologist, epidemiologist, public health professional, or other health care related field. (B) Be qualified by education, training, clinical or health care experience, or certification. (C) Have completed specialized training in infection prevention and control. (4) The IP shall not be included in the calculation of three and one-half hours of direct patient care per day provided to skilled nursing facility residents. (b) A skilled nursing facility shall have a plan in place for infection prevention quality control. (c) A skilled nursing facility shall ensure all health care personnel receive infection prevention and control training on an annual basis. (Amended by Stats. 2021, Ch. 181, Sec. 1. (AB 1585) Effective January 1, 2022.)
  72. 12550.

    ## 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 3. Administration [12550 - 12558] ( Chapter 3 added by Stats. 1973, Ch. 1109. )

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    The State Fire Marshal must enforce and administer 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 3. Administration [12550 - 12558] ( Chapter 3 added by Stats. 1973, Ch. 1109. ) ## 12550. The State Fire Marshal shall enforce and administer this part. (Repealed and added by Stats. 1973, Ch. 1109.)
  73. 125500.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 7. CHRONIC DISEASE SERVICES [125500 - 125555] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Kidney Diseases-Chronic Uremia [125500 - 125545] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. )

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    The section requires up to four regional dialysis centers for chronic uremia, limits the department to granting state funds for them, and allows the department to contract for their operation.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 7. CHRONIC DISEASE SERVICES [125500 - 125555] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Kidney Diseases-Chronic Uremia [125500 - 125545] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125500. (a) Up to four regional dialysis centers with up to two in the northern and up to two in the southern part of the state, shall be established for the treatment of persons suffering from chronic uremia. Each center shall be located in a metropolitan area and shall have an affiliation with a large hospital or medical school, but shall not be necessarily a physical part of the institution. These institutions, however, shall be able to provide a full range of medical, surgical and rehabilitation services. The department shall only act as a granting agency for state funds that are appropriated for the establishment and the continuation of the four centers. The department, upon the advice of the review committee that is provided for by Section 125515, may contract with any hospital or medical care institution for the administration and operation of one of the regional dialysis centers. It is not the intent of this section that any new hospital or medical school be established. (b) Any moneys appropriated by Chapter 1416 of the Statutes of 1972 may be used either in existing dialysis and kidney transplantation programs for children or to establish new programs for such purposes. Any new or existing dialysis center funded pursuant to this subdivision shall provide for children the same center dialysis, home dialysis, and outpatient clinic services as are provided under Section 125530. Any new center funded pursuant to this subdivision shall be designated as a pediatric renal failure center. Funds granted for aid to children under this subdivision shall be based upon need as determined by the Renal Dialysis Review Committee established pursuant to Section 125515 and an evaluation by the department of a county’s ability to fund their one-fourth share of a child’s care under the Crippled Children’s Services Program. The funds shall only cover costs not recoverable from direct or third party payments. A pediatric renal failure center may use funds provided under this subdivision for payment of costs for kidney transplantation services at any hospital that is authorized to perform these services by the department. For purposes of this subdivision, a child is any person 18 years of age or under. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  74. 125505.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 7. CHRONIC DISEASE SERVICES [125500 - 125555] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Kidney Diseases-Chronic Uremia [125500 - 125545] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. )

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    Dialysis centers must be planned to serve about 30 patients, develop newer and more efficient dialysis methods, and consider home dialysis; they may also seek industry participation.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 7. CHRONIC DISEASE SERVICES [125500 - 125555] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Kidney Diseases-Chronic Uremia [125500 - 125545] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125505. The dialysis centers shall be designed primarily to provide lifesaving dialysis services to approximately 30 patients in each center. Funds shall be provided for developing home dialysis treatment services for approximately 20 patients in each center and the necessary specialized personnel and equipment to operate each center. Funds for construction of the centers shall also be provided. The centers shall develop and utilize newer methods of dialysis designed to make the process more efficient and economical and shall take into account other applications of the procedure such as home dialysis. Centers may seek the active participation and consultation from industry in order to streamline equipment and procedures for greater efficiency. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  75. 12551.

    ## 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 3. Administration [12550 - 12558] ( Chapter 3 added by Stats. 1973, Ch. 1109. )

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    The State Fire Marshal must appoint deputies and employees needed to carry out this part, but only subject to approval in the annual Budget Act.

    ## 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 3. Administration [12550 - 12558] ( Chapter 3 added by Stats. 1973, Ch. 1109. ) ## 12551. The State Fire Marshal shall appoint deputies and employees as may be required to carry out the provisions of this part, subject to approval in the annual Budget Act. (Amended by Stats. 2007, Ch. 563, Sec. 1. Effective January 1, 2008.)
  76. 125510.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 7. CHRONIC DISEASE SERVICES [125500 - 125555] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Kidney Diseases-Chronic Uremia [125500 - 125545] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. )

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    Dialysis centers must provide training for certain medical and nursing personnel, and they may cooperate with specialists on kidney transplantation work.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 7. CHRONIC DISEASE SERVICES [125500 - 125555] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Kidney Diseases-Chronic Uremia [125500 - 125545] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125510. The dialysis centers shall also serve to provide training for medical and nursing personnel who will carry out dialysis services in other communities in the state. The dialysis centers may also work in close cooperation with other medical specialists who are seeking ways to develop successful means of kidney transplantation. Dialysis services are necessary as an adjunct to this type of medical investigation. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  77. 125515.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 7. CHRONIC DISEASE SERVICES [125500 - 125555] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Kidney Diseases-Chronic Uremia [125500 - 125545] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. )

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    The director must appoint a review committee, and the committee must set standards and review dialysis-center grants and performance.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 7. CHRONIC DISEASE SERVICES [125500 - 125555] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Kidney Diseases-Chronic Uremia [125500 - 125545] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125515. The director shall appoint a review committee, upon nomination of the represented party, not to exceed nine members, at least four of whom shall be physicians, including at least one physician specializing in kidney transplantation and at least two physicians specializing in pediatric nephrology, one member to represent the University of California, one to represent a private organization or organizations concerned with kidney disease in California, one to represent the department, and two members to represent the lay public. The chairman of the committee shall be appointed by the Governor. This committee shall establish standards for the expenditure of state funds that are provided for the establishment and support of regional dialysis and transplantation centers to assure the availability of specialized personnel, resources, and equipment necessary to enable the centers to function and care for patients with severe uremia. The director shall choose from a list provided by the review committee the institutions that qualify under the standards established to receive grants of state funds to establish and continue a regional dialysis center. The review committee shall also examine periodically the performance of established regional dialysis centers and recommend continuation grants to the director. The members of the review committee shall serve for a two-year period and may be reappointed. Not more than half the membership of the committee shall be changed during any one year. The committee shall serve without compensation, but shall receive their necessary travel expenses. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  78. 12552.

    ## 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 3. Administration [12550 - 12558] ( Chapter 3 added by Stats. 1973, Ch. 1109. )

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    The State Fire Marshal must adopt fireworks regulations needed to protect life and property, as long as they do not conflict with 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 3. Administration [12550 - 12558] ( Chapter 3 added by Stats. 1973, Ch. 1109. ) ## 12552. The State Fire Marshal shall adopt regulations relating to fireworks as may be necessary for the protection of life and property not inconsistent with the provisions of this part. These regulations shall include, but are not limited to, provisions for the following: (a) Granting of licenses and permits for the manufacture, wholesale, import, export, and sale of all classes of fireworks. (b) Classification of fireworks and pyrotechnic devices. (c) Registration of employees of licensees. (d) Licenses and permits required for presentation of public displays. (e) Granting of licenses and permits for research or experimentation with experimental or model rockets and missiles. (f) Investigation, examination, and licensing of pyrotechnic operators of all classes. (g) Registration of emergency signaling devices and the classification and use of exempt fireworks. (h) Transportation of all classifications of fireworks, model rockets, emergency signaling devices, and exempt fireworks. (Amended by Stats. 2007, Ch. 563, Sec. 2. Effective January 1, 2008.)
  79. 125520.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 7. CHRONIC DISEASE SERVICES [125500 - 125555] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Kidney Diseases-Chronic Uremia [125500 - 125545] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. )

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    Dialysis centers may receive and use outside funding to supplement state funds.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 7. CHRONIC DISEASE SERVICES [125500 - 125555] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Kidney Diseases-Chronic Uremia [125500 - 125545] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125520. The dialysis centers may also receive and make use of any outside source of funds that may become available from federal, voluntary, philanthropic, or other sources in order to augment state funds. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  80. 125525.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 7. CHRONIC DISEASE SERVICES [125500 - 125555] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Kidney Diseases-Chronic Uremia [125500 - 125545] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. )

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    Regional dialysis centers may not deny treatment to a resident because of residence if the person can transport himself or herself to the center.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 7. CHRONIC DISEASE SERVICES [125500 - 125555] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Kidney Diseases-Chronic Uremia [125500 - 125545] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125525. No resident of this state shall be denied treatment in any of the regional dialysis centers because of his or her place of residence, so long as he or she is able to transport himself to the center. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  81. 12553.

    ## 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 3. Administration [12550 - 12558] ( Chapter 3 added by Stats. 1973, Ch. 1109. )

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    The State Fire Marshal must adopt regulations for classifying new fireworks or pyrotechnic devices that were not classified before January 1, 1974, and regulate them under 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 3. Administration [12550 - 12558] ( Chapter 3 added by Stats. 1973, Ch. 1109. ) ## 12553. The State Fire Marshal shall also adopt regulations for classification of any new type of fireworks or pyrotechnic devices which have not been classified prior to January 1, 1974 and for the regulation of such fireworks in accordance with the provisions of this part. (Repealed and added by Stats. 1973, Ch. 1109.)
  82. 125530.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 7. CHRONIC DISEASE SERVICES [125500 - 125555] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Kidney Diseases-Chronic Uremia [125500 - 125545] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. )

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    State-provided funds may be spent only on specified dialysis-related purposes and not on general medical care services from private, local, other state, or federal sources.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 7. CHRONIC DISEASE SERVICES [125500 - 125555] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Kidney Diseases-Chronic Uremia [125500 - 125545] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125530. The funds that are provided by the state shall only be expended for the construction and equipment of the regional dialysis centers; equipment for and development of, home dialysis services; training of personnel and other expenses incident to the activation of the regional centers; services of dialysis and directly associated procedures; and treatment of complications that may result from dialysis. These funds shall not be utilized to pay for general medical care services that should come from private, local, other state or federal sources. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  83. 125535.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 7. CHRONIC DISEASE SERVICES [125500 - 125555] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Kidney Diseases-Chronic Uremia [125500 - 125545] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. )

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    The department takes over specified duties, purposes, responsibilities, and jurisdiction from the Department of Benefit Payments for certain dialysis-related grants and audits.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 7. CHRONIC DISEASE SERVICES [125500 - 125555] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Kidney Diseases-Chronic Uremia [125500 - 125545] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125535. The department succeeds to and is vested with the duties, purposes, responsibilities, and jurisdiction heretofore exercised by the Department of Benefit Payments with respect to the payment of grants to and audit responsibility for regional dialysis centers under this chapter and for home dialysis training centers under Chapter 2 (commencing with Section 125550). (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  84. 12554.

    ## 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 3. Administration [12550 - 12558] ( Chapter 3 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    Fireworks regulations adopted by the State Fire Marshal and already in existence on January 1, 1974 continue in effect until amended or repealed under 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 3. Administration [12550 - 12558] ( Chapter 3 added by Stats. 1973, Ch. 1109. ) ## 12554. The regulations adopted by the State Fire Marshal relating to fireworks and in existence on January 1, 1974 shall continue thereafter to be in effect as regulations of the State Fire Marshal until amended or repealed pursuant to the provisions of this part. (Repealed and added by Stats. 1973, Ch. 1109.)
  85. 125540.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 7. CHRONIC DISEASE SERVICES [125500 - 125555] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Kidney Diseases-Chronic Uremia [125500 - 125545] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

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

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 7. CHRONIC DISEASE SERVICES [125500 - 125555] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Kidney Diseases-Chronic Uremia [125500 - 125545] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125540. The department shall have possession and control of all records, papers, equipment, and supplies held for the benefit or use of the Director of Benefit Payments in the performance of his or her duties, powers, purposes, responsibilities, and jurisdiction that are vested in the department by Section 125535. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  86. 125545.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 7. CHRONIC DISEASE SERVICES [125500 - 125555] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Kidney Diseases-Chronic Uremia [125500 - 125545] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. )

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    Specified officers and employees must be transferred to the department, and their status, positions, and rights must not be affected by the transfer, except for positions exempt from civil service.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 7. CHRONIC DISEASE SERVICES [125500 - 125555] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 1. Kidney Diseases-Chronic Uremia [125500 - 125545] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125545. All officers and employees of the Director of Benefit Payments who, on July 1, 1978, are serving in the state civil service, other than as temporary employees, and engaged in the performance of a function vested in the department by Section 125535 shall be transferred to the department. The status, positions, and rights of those persons shall not be affected by the transfer and shall be retained by them as officers and employees of the department pursuant to the State Civil Service Act, except as to positions exempt from civil service. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  87. 12555.

    ## 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 3. Administration [12550 - 12558] ( Chapter 3 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    The State Fire Marshal and salaried deputies may inspect fireworks-related books, records, buildings, and premises used by licensees or permittees.

    ## 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 3. Administration [12550 - 12558] ( Chapter 3 added by Stats. 1973, Ch. 1109. ) ## 12555. The State Fire Marshal or his salaried deputies may make an examination of the books and records of any licensee or permittee relative to fireworks, and may visit and inspect any building or other premises subject to the control of, or used by, the licensee or permittee for any purpose related to fireworks of any licensee or permittee at any time he may deem necessary for the purpose of enforcing the provisions of this part. (Repealed and added by Stats. 1973, Ch. 1109.)
  88. 125550.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 7. CHRONIC DISEASE SERVICES [125500 - 125555] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Home Dialysis Training Center [125550 - 125555] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. )

    Verify source ↗

    Up to three home dialysis training centers may be established to train persons suffering from chronic uremia for home dialysis.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 7. CHRONIC DISEASE SERVICES [125500 - 125555] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Home Dialysis Training Center [125550 - 125555] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125550. Up to three home dialysis training centers shall be established for the purpose of training persons suffering from chronic uremia for home dialysis. Each center shall have an affiliation with a large hospital or medical school, but shall utilize the most economical facilities for treatment. These institutions, however, shall be able to provide a full range of home dialysis training services. The department and the review committee established pursuant to Section 125515 shall exercise over the home dialysis training centers the same powers they exercise, pursuant to Chapter 1 (commencing with Section 125500), over regional dialysis centers. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  89. 125555.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 7. CHRONIC DISEASE SERVICES [125500 - 125555] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Home Dialysis Training Center [125550 - 125555] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. )

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    Each center must contain about four dialysis bed units, and the department must provide specified grants to each center over the first three years plus capped first-year funding for equipment and facility work.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 7. CHRONIC DISEASE SERVICES [125500 - 125555] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 8. ) ## CHAPTER 2. Home Dialysis Training Center [125550 - 125555] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 8. ) ## 125555. Each center shall contain approximately four dialysis bed units. The department shall grant to each center fifty thousand dollars ($50,000) during the first year, twenty-five thousand dollars ($25,000) during the second year, and twelve thousand five hundred dollars ($12,500) during the third year. The department shall grant to each center not to exceed five thousand dollars ($5,000) in the first year for the purchasing or leasing of equipment and not to exceed two thousand five hundred dollars ($2,500) in the first year for construction or remodeling of the physical facility. (Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)
  90. 12556.

    ## 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 3. Administration [12550 - 12558] ( Chapter 3 added by Stats. 1973, Ch. 1109. )

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    The State Fire Marshal must identify and evaluate ways to capture more detailed fireworks-related data, collect and analyze specified fireworks incident data, and provide a workload analysis to legislative committees by the stated deadlines.

    ## 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 3. Administration [12550 - 12558] ( Chapter 3 added by Stats. 1973, Ch. 1109. ) ## 12556. (a) In addition to the obligations described in Section 13110.5, on or before July 1, 2024, the State Fire Marshal shall identify and evaluate methods to capture more detailed data relating to fires, damages, and injuries caused by both dangerous fireworks and safe and sane fireworks. These evaluation methods shall include a cost analysis related to capturing and reporting the data and shall meet or exceed the specificity, detail, and reliability of the data captured under the former California Fire Incident Reporting System (CFIRS). The State Fire Marshal shall furnish a copy of these evaluation methods to any interested person upon request. (b) On or before January 1, 2025, the State Fire Marshal shall collect and analyze data relating to fires, damages, seizures, arrests, administrative citations, and fireworks disposal issues caused by the sale and use of both dangerous illegal fireworks and safe and sane fireworks. The State Fire Marshal shall collect data pursuant to a methodology developed in consultation with the State Fire Marshal’s General Fireworks Advisory Committee. (c) (1) On or before January 1, 2025, the State Fire Marshal shall provide to the appropriate policy and budget committees of the respective houses of the Legislature a workload analysis of resources needed to further assist in the training of local fire and law enforcement personnel regarding all the following: (A) The seizure, collection, transportation, and storage of seized fireworks. (B) The enforcement of statewide programs concerning illegal and dangerous fireworks. (C) Prosecution related to seized fireworks. (D) Investigations of illegal and dangerous fireworks. (2) The requirement for submitting a report imposed under paragraph (1) is inoperative on January 1, 2028, pursuant to Section 10231.5 of the Government Code. (Amended by Stats. 2023, Ch. 368, Sec. 2. (AB 1403) Effective January 1, 2024.)
  91. 12557.

    ## 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 3. Administration [12550 - 12558] ( Chapter 3 added by Stats. 1973, Ch. 1109. )

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    The State Fire Marshal must work with others to create a model ordinance and regulations for local handling of certain dangerous-fireworks cases, including cost recovery and limits for 25 pounds or less.

    ## 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 3. Administration [12550 - 12558] ( Chapter 3 added by Stats. 1973, Ch. 1109. ) ## 12557. (a) The Office of the State Fire Marshal shall consult with public safety agencies and other stakeholders as deemed necessary by the State Fire Marshal and develop a model ordinance that permits local jurisdictions to adopt a streamlined enforcement and administrative fine procedures related to the possession of 25 pounds or less of dangerous fireworks. These procedures shall be limited to civil fines and as authorized pursuant to Section 53069.4 of the Government Code, and provide that the fines collected pursuant to this section shall not be subject to Section 12706. The model ordinance shall include provisions for reimbursing the Office of the State Fire Marshal for the costs associated with the disposal of seized fireworks and collecting these disposal costs as part of an administrative fine as described in subdivision (c). (b) An ordinance of a local jurisdiction in effect on or after January 1, 2008, that is related to dangerous fireworks and is not the model ordinance described in subdivision (a) shall, as soon as practicable, comply with all of the following: (1) The ordinance shall be amended or adopted to include provisions for cost reimbursement to the Office of the State Fire Marshal and the collection of disposal costs as part of an administrative fine as described in subdivision (c). (2) The ordinance shall be amended or adopted to provide that the ordinance shall be limited to a person who possesses or the seizure of 25 pounds or less of dangerous fireworks. (3) The ordinance shall be amended or adopted to provide that the fines collected pursuant to the ordinance shall not be subject to Section 12706. (c) The State Fire Marshal shall, in consultation with local jurisdictions, develop regulations to specify a procedure on how to cover the cost to the Office of the State Fire Marshal for the transportation and disposal of dangerous fireworks that are seized by local jurisdictions. The regulations shall include, but are not limited to, all of the following: (1) A cost recovery procedure to collect, as part of an administrative fine, the actual cost for transportation and disposal of dangerous fireworks from any person who violates a local ordinance related to dangerous fireworks. (2) The method by which the actual cost for transportation and disposal by the Office of the State Fire Marshal will be calculated. (3) The method, manner, and procedure the local jurisdiction is required to follow to forward the amounts collected pursuant to paragraph (1) to the State Fire Marshal. (Added by Stats. 2007, Ch. 563, Sec. 4. Effective January 1, 2008.)
  92. 12558.

    ## 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 3. Administration [12550 - 12558] ( Chapter 3 added by Stats. 1973, Ch. 1109. )

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    Licensees or permittees must allow the chief of the issuing authority, or authorized representatives, to enter and inspect fireworks-related premises.

    ## 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 3. Administration [12550 - 12558] ( Chapter 3 added by Stats. 1973, Ch. 1109. ) ## 12558. The licensee or permittee shall permit the chief of the issuing authority, or his authorized representatives, as qualified in Section 12721, to enter and inspect any building or other premises subject to the control of or used by the licensee or permittee for any purpose related to fireworks at any time for the purpose of enforcing the provisions of this part. (Added by Stats. 1973, Ch. 1109.)
  93. 1256.

    ## 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. )

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    The word “hospital” generally cannot be used to name or describe certain health facilities, with a limited exception for some approved pediatric supplemental 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. ) ## 1256. (a) The use of the name or title “hospital” by any person or persons to identify or represent a facility for the diagnosis, care, and treatment of human illness other than a facility subject to or specifically exempted from the licensure provisions of this chapter is prohibited. Notwithstanding any other provisions of the laws of this state, the name or title “hospital” shall not be used by any sanitarium, nursing home, convalescent home, or maternity home, unless preceded by some qualifying descriptive word such as convalescent, geriatric, rehabilitation, or nursing. (b) This section shall not prohibit the use of the word “hospital” to identify or represent an approved pediatric supplemental service of a general acute care hospital that is either of the following: (1) A children’s hospital as defined by Section 10727 of the Welfare and Institutions Code. (2) A University of California children’s hospital as defined by Section 10728 of the Welfare and Institutions Code. (Amended by Stats. 2001, Ch. 290, Sec. 1. Effective January 1, 2002.)
  94. 1256.01.

    ## 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. )

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    This section sets up the Elective PCI Program and lets eligible hospitals do elective PCI only if they get certified and meet the listed program requirements.

    ## 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. ) ## 1256.01. (a) The Elective Percutaneous Coronary Intervention (PCI) Program is hereby established in the department. The purpose of the program is to allow the department to certify general acute care hospitals that do not offer cardiac surgery services but are licensed to provide cardiac catheterization laboratory service in California, and that meet the requirements of this section, to perform scheduled, elective percutaneous transluminal coronary angioplasty and stent placement for eligible patients. (b) For purposes of this section, the following terms have the following meanings: (1) “Certified hospital” means an eligible hospital that is certified by the department to participate in the Elective Percutaneous Coronary Intervention (PCI) Program established by this section. (2) “Elective Percutaneous Coronary Intervention (elective PCI)” means scheduled percutaneous transluminal coronary angioplasty and stent placement. Elective PCI does not include urgent or emergent PCI that is scheduled on an ad hoc basis. (3) “Eligible hospital” means a general acute care hospital that has an approved cardiac catheterization laboratory, does not have onsite cardiac surgery, and is in substantial compliance with all applicable state and federal licensing laws and regulations. (4) “Interventionalist” means a licensed cardiologist who meets the requirements for performing elective PCI. (c) To participate in the Elective PCI Program, an eligible hospital shall obtain certification from the department and shall meet all of the following requirements: (1) Demonstrate that it complies with the recommendations of the Society for Cardiovascular Angiography and Interventions (SCAI), the American College of Cardiology Foundation, and the American Heart Association, for performance of PCI without onsite cardiac surgery, as those recommendations may evolve over time. (2) Provide evidence showing the full support from hospital administration in fulfilling the necessary institutional requirements, including, but not limited to, appropriate support services such as respiratory care and blood banking. (3) Participate in, and provide timely submission of data to, the American College of Cardiology-National Cardiovascular Data Registry. (4) Confer rights to transfer the data submitted pursuant to paragraph (3) to the Office of Statewide Health Planning and Development, now known as the Department of Health Care Access and Information. (5) Any additional requirements the department deems necessary to protect patient safety or ensure quality of care. (d) An eligible hospital shall submit an application to the department pursuant to Section 1265 to obtain certification to participate in the Elective PCI Program. The application shall include sufficient information to demonstrate compliance with the standards set forth in this section, and shall also include the effective date for initiating elective PCI service, the general service area, a description of the population to be served, a description of the services to be provided, a description of backup emergency services, the availability of comprehensive care, and the qualifications of the eligible hospital. The department may require that additional information be submitted with the application. Failure to submit any required criteria or additional information shall disqualify the applicant from the application process and from consideration for participation in the program. The department may deny an Elective PCI Program applicant pursuant to Article 2 (commencing with Section 1265). (e) An eligible hospital that, as of December 31, 2014, was participating in the Elective Percutaneous Coronary Intervention Pilot Program established under Chapter 295 of the Statutes of 2008, as amended by Chapter 202 of the Statutes of 2013, may continue to perform elective PCI and shall be considered a certified hospital until January 1, 2016. On and after January 1, 2016, a hospital described in this subdivision shall not be considered a certified hospital unless the hospital has obtained a certification under this section. (f) The Office of Statewide Health Planning and Development, now known as the Department of Health Care Access and Information, shall, using the data transferred pursuant to paragraph (4) of subdivision (c), annually develop and make available to the public a report regarding each certified hospital’s performance on mortality, stroke rate, and emergency coronary artery bypass graft rate. (g) The department may establish an advisory oversight committee composed of two interventionalists from certified hospitals, two interventionalists from general acute care hospitals that are not certified hospitals, and a representative of the department, for the purpose of analyzing the report issued under subdivision (f) and making recommendations for changing the data to be included in future reports issued under subdivision (f). (h) If at any time a certified hospital fails to meet the criteria set forth in this section for being a certified hospital or fails to safeguard patient safety, as determined by the department, the department may suspend or revoke, pursuant to Section 70309 of Title 22 of the California Code of Regulations, the certification issued to that hospital under this section. A hospital whose certification is revoked pursuant to this subdivision may request an appeal with the department and is not precluded from reapplying for certification under this section. (i) The department may charge certified hospitals a supplemental licensing fee, the amount of which shall not exceed the reasonable cost to the department of overseeing the program. (j) The department may contract with a professional entity with medical program knowledge to meet the requirements of this section. (Amended by Stats. 2024, Ch. 136, Sec. 2. (SB 1464) Effective January 1, 2025.)
  95. 1256.05.

    ## 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. )

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    The department must create and run a standby perinatal services pilot project for up to five critical access hospitals, set participation requirements, and report results to the Legislature.

    ## 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. ) ## 1256.05. (a) For purposes of this section and Section 1256.06, the following definitions apply: (1) “Critical access hospital” means a hospital designated by the State Department of Public Health 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. (2) “Department” means the State Department of Public Health, unless otherwise specified. (3) “Standardized order sets” means predefined groups of orders that support clinical decisions, including, but not limited to, appropriate treatments, medications, and dosages, for specific conditions or procedures and that are developed using relevant evidence-based guidelines. (4) “Standby perinatal services” means the provision of obstetric and neonatal medical care to patients who are transferred from an alternative birth center, or who present to the hospital’s emergency department with an urgent or emergent obstetric issue, in a specifically designated area of the hospital that is equipped and maintained at all times to receive patients and capable of providing physician, midwifery, and nursing services within a reasonable time not to exceed 30 minutes. (b) The department shall do all of the following: (1) By July 1, 2026, establish a 10-year pilot project within up to five critical access hospitals to allow participating hospitals to establish standby perinatal services. If qualified, the first three hospitals selected shall be nonprofit and located in the Counties of Humboldt, Lake, and Plumas. Up to two additional critical access hospitals may be selected at any time if the application includes a signed agreement from the exclusive employee representatives of the workforce that the proposed pilot project site would not adversely impact the workforce or includes an attestation that there is no existing exclusive employee representative. (2) Within a reasonable time, determine whether hospitals requesting to participate meet applicable statutory requirements, including, but not limited to, maintaining all of the following: (A) Ability to meet the standards of the standby perinatal service, as described in Section 1256.06. (B) Surgery and anesthesia as basic services of the hospital. (C) Capability for obtaining or performing timely blood gas, pH, and microbiologic analyses. (D) Ability to maintain premixed infusions. (E) A basic emergency medical service, comprehensive emergency medical service, or standby emergency medical service licensed as a supplemental service. (F) (i) A designated room or rooms for the standby perinatal service space. A hospital may designate an existing room or rooms with a licensed general acute care bed as the standby perinatal service space. If a hospital designates an existing room or rooms for the standby perinatal service space, the hospital may continue to provide general acute care services in that room or rooms when the room or rooms are not in use by the standby perinatal services only if all remaining general acute care beds are occupied or a plan for management of perinatal patients using alternate space is approved by the department. (ii) The operating room may serve as the delivery room in hospitals having a licensed bed capacity of 25 or less, but the operating room shall not serve as the sole standby perinatal service space. (3) In consultation with stakeholders, establish any additional requirements that the department deems necessary to protect patient safety or to ensure quality of care under the pilot project. (4) (A) Develop a template to collect and evaluate data on safety, outcomes, utilization, and populations served under the pilot project using stratified demographic data, to the extent statistically reliable data are available and comply with medical privacy laws and practices. The department may, in consultation with relevant stakeholders, establish additional requirements for participating hospitals to collect and report any additional data under the pilot project that the department deems necessary. (B) Compile the data collected pursuant to subparagraph (A), prepare and submit an evaluation to the Legislature, and make the evaluation publicly available. The department shall submit the evaluation to the Legislature on or before two years after the completion of the pilot project. Data-collection requests shall be provided in a timely manner to enable the pilot hospital to collect and report the data before the deadline. The evaluation to be submitted to the Legislature pursuant to this subparagraph shall be submitted in compliance with Section 9795 of the Government Code. (5) Consult with relevant state departments and stakeholders on the implementation of the requirements of this subdivision. The department shall invite representatives of hospitals, consumers, the American College of Obstetricians and Gynecologists, the American Academy of Family Physicians, the American Academy of Pediatrics, the American College of Nurse-Midwives, health plans, labor, and other health care professionals who provide pediatric and pregnancy-related services, including, but not limited to, registered nurses, certified nurse-midwives, and licensed midwives. (c) A hospital seeking to participate in the pilot project shall submit an application to the department. (d) An approved standby perinatal service shall be subject to all relevant licensing enforcement provisions as established under this chapter and Chapter 1 (commencing with Section 70001) of Division 5 of Title 22 of the California Code of Regulations. (e) If, at any time, a hospital with a standby perinatal service fails to meet the requirements set forth in this section or Section 1256.06, or fails to ensure patient health and safety, as determined by the department, the department may suspend or revoke its approval of the hospital’s participation in the pilot project. (f) 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 and Section 1256.06 by means of an All Facilities Letter (AFL) or similar instruction. (Amended by Stats. 2026, Ch. 27, Sec. 9. (SB 164) Effective June 29, 2026.)
  96. 1256.06.

    ## 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. )

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    A hospital seeking approval for a standby perinatal service must meet detailed staffing, equipment, training, transfer, reporting, and quality-improvement requirements.

    ## 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. ) ## 1256.06. A hospital requesting approval to establish a standby perinatal service pursuant to Section 1256.05 shall implement and maintain all of the following requirements: (a) (1) Comply with the most recent standards and recommendations for Level I (Basic Care) of the Levels of Maternal Care and Level 1 (Well Newborn Nursery) of the Neonatal Levels of Care, within the Guidelines for Perinatal Care developed by the American Academy of Pediatrics and the American College of Obstetricians and Gynecologists. (2) Have the capacity for operative delivery, including caesarean section, and neonatal resuscitation and stabilization at all times. (3) Have the ability, equipment, and supplies necessary to provide care for mothers and infants needing emergency or immediate life support measures to sustain life up to 12 hours or to prevent major disability, including, but not limited to, all of the following services: (A) Administration of intravenous or intramuscular antibiotics. (B) Administration of intravenous or intramuscular uterotonic drugs, including oxytocin. (C) Administration of intravenous or intramuscular anticonvulsants. (D) Administration of antihypertensives. (E) Manual removal of the placenta. (F) Removal of retained products of conception. (G) Basic neonatal resuscitation. (H) Surgery, including caesarean sections. (I) Blood transfusions. (J) Additional services specified by the department, in consultation with relevant stakeholders. (4) Have capabilities for risk identification and determination of conditions necessitating consultation, referral, and transfer. (5) Have capabilities, including necessary equipment, for stabilization and the ability to facilitate transfer or transport to a higher level of care at all times. (6) (A) Have the equipment and supplies specified in Section 70551 of Title 22 of the California Code of Regulations, or its successor. (B) In addition to the items required under subparagraph (A), have all of the following equipment and supplies: (i) A fetal heart rate monitor that includes both the ability to monitor multiple gestation pregnancies using internal monitors, including fetal scalp electrodes and intrauterine pressure catheters, and maternal pulse integrated to ensure monitoring of fetal pulse and not maternal pulse. (ii) Provision for oxygen and suction for the mother and infant, including, but not limited to, specialized supplies needed for neonatal resuscitation and breathing support. (iii) A ventilatory assistance bag and infant masks of assorted sizes for infants of different gestational ages. (iv) A postpartum hemorrhage kit, including a uterine tamponade device. (v) Neonatal resuscitation supplies, including supplies for umbilical access for medications. (vi) Maternal steroid medications available for initial administration in the case of preterm labor while awaiting transport. (vii) A refrigerated medication storage unit in the standby perinatal service for uterotonic medications requiring refrigerated storage to be immediately accessible in emergencies. (viii) A suction device appropriate for neonatal resuscitation. (b) (1) Define the responsibilities of the medical staff and administration associated with the standby perinatal services. Defined responsibilities shall be consistent with the medical staff bylaws and policies established in consultation with the medical staff. (2) (A) Ensure that a provider of services subject to this section meets all applicable requirements set forth in both of the following: (i) The medical staff bylaws. (ii) Rules, regulations, and policies of that facility. (B) Nothing in this section shall be construed to require changes to the medical staff bylaws or policies regarding credentialing or privileges. (c) (1) Ensure that a physician who is certified, or eligible for certification, by the American Board of Obstetrics and Gynecology, the American Board of Pediatrics, or the American Board of Family Medicine, and who is a member of the medical staff of the facility, has overall responsibility for the standby perinatal services. (2) The physician described in paragraph (1) shall be responsible for the development of, and the hospital shall be responsible for the implementation of, policies and procedures for all of the following: (A) Policies and procedures specified in paragraphs (1) to (28), inclusive, of subdivision (b) of Section 70547 of Title 22 of the California Code of Regulations that align with the standards specified in paragraph (1) of subdivision (a). (B) Admission policies for infants transferred from an alternative birth center. (C) Consultations, including, but not limited to, real-time telemedicine services, between the standby perinatal service and health care personnel from an intensive care newborn nursery and from a perinatal service, qualified and available at all times to provide maternal fetal medicine consultation. (D) Formal arrangements for consultation or transfer of an infant and a mother to a hospital with the necessary services for medical needs beyond the capability of the standby perinatal services. (E) Current state newborn screening requirements. (F) Standby perinatal service activation protocols. (G) Condition-specific management protocols outlining best practices. (H) Emergency codes. (I) Documentation standards for antepartum, intrapartum, postpartum, and newborn care. (J) Surgery and anesthesia services readily available at all times. (K) Arrangements for incidents of more than one patient requiring the use of the designated standby perinatal service space. (L) Care management for mothers, fetuses, and neonates in alignment with the standards specified in this section. (M) Development by an appropriate committee of the medical staff of standardized obstetric and newborn nursing procedures and standardized order sets for pregnant patients presenting to the emergency department and for the standby perinatal service, and for neonates. The committee shall annually review the standardized order sets and update them as necessary. (N) Convening of an appropriate obstetric and neonatal or pediatric committee that, at a minimum annually, evaluates the services provided and makes appropriate recommendations to the executive committee of the medical staff and administration. (d) In consultation with the physician described in subdivision (c) and with other appropriate health care professionals, do all of the following: (1) Implement and maintain contracts, and transfer agreements as applicable, and develop and implement policies and procedures for any maternal or neonatal care outside the scope of the standby perinatal service, including, but not limited to, all of the following services: (A) Transfer of mothers and neonates to appropriate higher levels of care, including a reliable, accurate, and comprehensive communication system between hospitals initiating and hospitals receiving a patient transfer from a standby perinatal service, hospital personnel, and transport teams. (B) A blood bank, if the facility might need additional blood. (C) Ambulance transport and rescue services. (2) Develop a system for ensuring coverage to provide care for both the mother and the neonate, on call 24 hours a day for the standby perinatal service, including, but not limited to, both of the following: (A) Physician and nursing staff coverage onsite within 30 minutes. (B) A roster of physicians and certified nurse-midwives who have an agreement or contract with the hospital, and their immediate contact information, who are available to provide emergency perinatal services. (3) Have a registered nurse immediately available within the hospital to provide nursing care, including emergency maternal fetal triage and infant resuscitation. (4) Develop a roster of specialty physicians who have an agreement or contract with the hospital, and their immediate contact information, who are available for consultation at all times. (5) Conduct monitoring and checkoff to ensure that equipment stays in the standby perinatal service and does not outdate, including a process for the medical staff to report equipment and supplies that are out of date or that were not replaced prior to expiration. (6) Ensure continuing education for the medical staff. (7) Establish, and document compliance with, continuing education and training program requirements for nursing staff in perinatal nursing and infection control, including, but not limited to, all of the following: (A) Biennial, week-long rotations at a Level II, III, or IV maternal or neonatal care facility. (B) Participation in simulation-based training to reinforce response to obstetric emergencies. (C) All other continuing education and training programs that are necessary to ensure the safe provision of care for both mothers and neonates in the standby perinatal service. (8) (A) Annually verify and document all nursing competencies, including, but not limited to, maternal care, fetal and newborn care, postdelivery care, and emergency condition competencies. (B) Maintain evidence of continuing education and training programs for the nursing staff in perinatal nursing and infection control, including all of the following: (i) Documented current registered nurse license. (ii) Current Basic Life Support (BLS) certification. (iii) Current Advanced Cardiovascular Life Support (ACLS) certification. (iv) Electronic fetal monitoring certification. (v) S.T.A.B.L.E. neonatal education program certification. (vi) Neonatal resuscitation program certification. (e) Require a physician, certified nurse-midwife, or registered nurse to attend to patients, within the scope of their licensure, under the effect of anesthesia or regional anesthesia, when in active labor, during delivery, or in the immediate postpartum period. (f) Initiate and sustain an education program and a quality improvement program that are specific to the standby perinatal services to maximize patient safety, in collaboration with facility partners that provide higher levels of care. (g) Comply with the existing licensed nurse-to-patient ratios for a combined labor/delivery/postpartum area of perinatal services. This subdivision does not alter or amend the effect of any regulation adopted pursuant to Section 1276.4. (h) Report the data required by Section 1256.05 quarterly and in the manner and method required by the department. (i) Maintain compliance with federal Medicare obstetrical services conditions of participation, if applicable. (j) (1) Notwithstanding any other law or regulation, a hospital participating in the pilot project may, in consultation with the medical staff and any relevant personnel, request program flexibility for the statutory requirements of this section, in order to meet the particular capacities and needs of the hospital and community. (2) If the department approves the request described in paragraph (1), the department’s approval shall provide for the terms and conditions under which the program flexibility is granted. (3) To request program flexibility for the statutory requirements of this section, the hospital shall follow existing procedures established by the department for program flexibility requests pursuant to subdivision (b) of Section 1276. (Amended by Stats. 2026, Ch. 27, Sec. 10. (SB 164) Effective June 29, 2026.)
  97. 1256.1.

    ## 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. )

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    A general acute care hospital may not advertise that it provides services requiring supplemental or special service approval unless it has first obtained that approval from the State Department of Public Health.

    ## 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. ) ## 1256.1. A general acute care hospital shall not hold itself out directly or indirectly by any sign, brochure, or advertisement as providing any service or services that require a supplemental or special service unless that general acute care hospital has first obtained a supplemental or special service approval from the State Department of Public Health to operate that service. (Amended by Stats. 2017, Ch. 561, Sec. 101. (AB 1516) Effective January 1, 2018.)
  98. 1256.2.

    ## 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. )

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    General acute care hospitals may not set different obstetrical care standards based on payment ability, and certain hospitals must file and post a policy notice. Physicians or surgeons may not deny or threaten to withhold pain management from a woman in active labor for payment-related reasons.

    ## 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. ) ## 1256.2. (a) (1) No general acute care hospital may promulgate policies or implement practices that determine differing standards of obstetrical care based upon a patient’s source of payment or ability to pay for medical services. (2) Each hospital holding an obstetrical services permit shall provide the licensing and certification division of the department with a written policy statement reflecting paragraph (1) and shall post written notices of this policy in the obstetrical admitting areas of the hospital by July 1, 1999. Notices posted pursuant to this section shall be posted in the predominant language or languages spoken in the hospital’s service area. (b) It shall constitute unprofessional conduct within the meaning of the Medical Practice Act, Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, for a physician or surgeon to deny, or threaten to withhold pain management services from a woman in active labor, based upon that patient’s source of payment, or ability to pay for medical services. (Added by Stats. 1998, Ch. 652, Sec. 2. Effective January 1, 1999.)
  99. 12560.

    ## 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 4. Classification of Fireworks and Pyrotechnic Devices [12560 - 12569] ( Chapter 4 added by Stats. 1973, Ch. 1109. )

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    The State Fire Marshal must classify all fireworks and pyrotechnic devices under this 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 4. Classification of Fireworks and Pyrotechnic Devices [12560 - 12569] ( Chapter 4 added by Stats. 1973, Ch. 1109. ) ## 12560. The State Fire Marshal shall classify all fireworks and pyrotechnic devices in accordance with the provisions of this chapter. No fireworks or pyrotechnic devices shall be imported, sold, or offered for sale prior to the examination and classification by the State Fire Marshal. (Added by Stats. 1973, Ch. 1109.)
  100. 12561.

    ## 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 4. Classification of Fireworks and Pyrotechnic Devices [12560 - 12569] ( Chapter 4 added by Stats. 1973, Ch. 1109. )

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    Fireworks examined by the State Fire Marshal and found to meet the Section 12505 definition of dangerous fireworks must be classified as 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 4. Classification of Fireworks and Pyrotechnic Devices [12560 - 12569] ( Chapter 4 added by Stats. 1973, Ch. 1109. ) ## 12561. All fireworks examined by the State Fire Marshal and determined by him to come within the definition of “dangerous fireworks” in Section 12505 shall be classified as dangerous fireworks. (Added by Stats. 1973, Ch. 1109.)
  101. 12562.

    ## 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 4. Classification of Fireworks and Pyrotechnic Devices [12560 - 12569] ( Chapter 4 added by Stats. 1973, Ch. 1109. )

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    Fireworks examined by the State Fire Marshal and found to meet the Section 12529 definition must be classified as safe and sane 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 4. Classification of Fireworks and Pyrotechnic Devices [12560 - 12569] ( Chapter 4 added by Stats. 1973, Ch. 1109. ) ## 12562. All fireworks examined by the State Fire Marshal and determined by him to come within the definition of “safe and sane fireworks” in Section 12529 shall be classified as safe and sane fireworks. (Added by Stats. 1973, Ch. 1109.)
  102. 12563.

    ## 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 4. Classification of Fireworks and Pyrotechnic Devices [12560 - 12569] ( Chapter 4 added by Stats. 1973, Ch. 1109. )

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    Fireworks that the State Fire Marshal examines and determines to fit the Section 12503 definition must be classified as agricultural and wildlife 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 4. Classification of Fireworks and Pyrotechnic Devices [12560 - 12569] ( Chapter 4 added by Stats. 1973, Ch. 1109. ) ## 12563. All fireworks examined by the State Fire Marshal and determined by him to come within the definition of “agricultural and wildlife fireworks” in Section 12503 shall be classified as agricultural and wildlife fireworks. (Added by Stats. 1973, Ch. 1109.)
  103. 12564.

    ## 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 4. Classification of Fireworks and Pyrotechnic Devices [12560 - 12569] ( Chapter 4 added by Stats. 1973, Ch. 1109. )

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    Fireworks examined by the State Fire Marshal and found to fit the Section 12508 definition of exempt fireworks must be classified as exempt 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 4. Classification of Fireworks and Pyrotechnic Devices [12560 - 12569] ( Chapter 4 added by Stats. 1973, Ch. 1109. ) ## 12564. All fireworks examined by the State Fire Marshal and determined by him to come within the definition of “exempt fireworks” in Section 12508 shall be classified as exempt fireworks. (Added by Stats. 1973, Ch. 1109.)
  104. 12565.

    ## 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 4. Classification of Fireworks and Pyrotechnic Devices [12560 - 12569] ( Chapter 4 added by Stats. 1973, Ch. 1109. )

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    Fireworks or toy propellent devices that are examined by the State Fire Marshal and found to fit the definitions of “model rocket” or “model rocket motor” must be classified as model rocket motors.

    ## 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 4. Classification of Fireworks and Pyrotechnic Devices [12560 - 12569] ( Chapter 4 added by Stats. 1973, Ch. 1109. ) ## 12565. All fireworks or toy propellent devices containing pyrotechnic compositions examined by the State Fire Marshal and found by him or her to come within the definition of “model rocket” or “model rocket motor” in Section 12519 or 12520, respectively, shall be classified as model rocket motors. (Amended by Stats. 2015, Ch. 106, Sec. 3. (AB 467) Effective January 1, 2016.)
  105. 12566.

    ## 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 4. Classification of Fireworks and Pyrotechnic Devices [12560 - 12569] ( Chapter 4 added by Stats. 1973, Ch. 1109. )

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    The State Fire Marshal must classify certain examined pyrotechnic devices as emergency signaling devices if they fit the Section 12506 definition.

    ## 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 4. Classification of Fireworks and Pyrotechnic Devices [12560 - 12569] ( Chapter 4 added by Stats. 1973, Ch. 1109. ) ## 12566. All pyrotechnic devices examined by the State Fire Marshal and found by him to come within the definition of “emergency signaling devices” in Section 12506 shall be classified by the State Fire Marshal as emergency signaling devices. (Added by Stats. 1973, Ch. 1109.)
  106. 12567.

    ## 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 4. Classification of Fireworks and Pyrotechnic Devices [12560 - 12569] ( Chapter 4 added by Stats. 1973, Ch. 1109. )

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    Some fireworks may keep the “safe and sane” designation and be sold until July 6, 1974, but fireworks sold from the 1974 retail license year onward must bear the State Fire Marshal label showing that classification.

    ## 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 4. Classification of Fireworks and Pyrotechnic Devices [12560 - 12569] ( Chapter 4 added by Stats. 1973, Ch. 1109. ) ## 12567. Those fireworks classified by the State Fire Marshal as safe and sane prior to January 1, 1974 may continue to bear that designation and may be sold as safe and sane fireworks until 12 noon on July 6, 1974. All fireworks previously designated as safe and sane which are offered for sale or sold during the 1974 retail license year and thereafter shall bear the State Fire Marshal label with the classification of safe and sane fireworks. (Added by Stats. 1973, Ch. 1109.)
  107. 12568.

    ## 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 4. Classification of Fireworks and Pyrotechnic Devices [12560 - 12569] ( Chapter 4 added by Stats. 1973, Ch. 1109. )

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    Manufacturers, importers, or wholesalers must stamp or label dangerous-fireworks cases or cartons, and each package of safe and sane fireworks must be marked and include the required classification label and registration number.

    ## 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 4. Classification of Fireworks and Pyrotechnic Devices [12560 - 12569] ( Chapter 4 added by Stats. 1973, Ch. 1109. ) ## 12568. The manufacturer, importer, or wholesaler shall stamp or label each case or carton of dangerous fireworks offered for sale, sold, consigned, or delivered within the state for sale or use within this state as dangerous fireworks. Each package of safe and sane fireworks shall be marked as safe and sane fireworks and shall bear the State Fire Marshal’s classification label and licensee’s registration number. (Added by Stats. 1973, Ch. 1109.)
  108. 12569.

    ## 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 4. Classification of Fireworks and Pyrotechnic Devices [12560 - 12569] ( Chapter 4 added by Stats. 1973, Ch. 1109. )

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    Certain licensed manufacturers, wholesalers, importers, and exporters must submit fireworks or pyrotechnic devices that the State Fire Marshal has examined and classified.

    ## 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 4. Classification of Fireworks and Pyrotechnic Devices [12560 - 12569] ( Chapter 4 added by Stats. 1973, Ch. 1109. ) ## 12569. Except as provided in Section 12637 and pursuant to the provisions of Sections 12560 and 12581, fireworks or pyrotechnic devices examined and classified by the State Fire Marshal shall be submitted by manufacturers, wholesalers, and importers and exporters holding a valid license only. (Added by Stats. 1973, Ch. 1109.)
  109. 1257.

    ## 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. )

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    The state department may delegate certain licensing-enforcement functions to local health departments, and those departments must follow chapter requirements and state department rules when exercising that delegated authority.

    ## 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. ) ## 1257. The state department may delegate to local health departments the authority to verify compliance with the licensing and approval provisions of this chapter, to provide consultation, and to recommend disciplinary action by the department against those licensed or approved under the provisions of this chapter. In exercising the authority so delegated, the local health department shall conform to the requirements of this chapter and to the rules and regulations of the state department. Payment to the local health departments for services performed pursuant to this section shall be in accordance with a budget submitted by the local health department and approved by the state department. Such expenditures shall not exceed amounts appropriated by the Legislature for the purpose of such inspection and enforcement. (Added by Stats. 1973, Ch. 1202.)
  110. 1257.5.

    ## 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. )

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    Covered nurses, nurse assistants, vocational nurses, and physicians in certain facilities must take a department-prescribed training on preventing discrimination based on sexual orientation and gender identity.

    ## 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. ) ## 1257.5. (a) All registered nurses, certified nurse assistants, licensed vocational nurses, and physicians working in skilled nursing facilities, as defined in subdivision (c) of Section 1250, or congregate living health facilities, as defined in subdivision (i) of Section 1250, shall participate in a training program, to be prescribed by the department, that focuses on preventing and eliminating discrimination based on sexual orientation and gender identity. (b) The department may incorporate the training prescribed in subdivision (a) into any existing training program that is designed to prevent or eliminate discrimination in senior care facilities. (c) The department may charge each licensee who is subject to subdivision (a) a fee associated with determining compliance. The fee shall not exceed the department’s costs for the enforcement of this section. (d) “Sexual orientation” and “gender identity” have the same meanings as those terms are used in Section 422.56 of the Penal Code. (Added by Stats. 2008, Ch. 550, Sec. 2. Effective January 1, 2009.)
  111. 1257.7.

    ## 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. )

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    Hospitals covered by this section must make and update a security and safety assessment and security plan, train and staff appropriately, consult specified people, and report certain assaults or batteries to local law enforcement within 72 hours.

    ## 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. ) ## 1257.7. (a) After July 1, 2010, all hospitals licensed pursuant to subdivisions (a), (b), and (f) of Section 1250 shall conduct, not less than annually, a security and safety assessment and, using the assessment, develop, and annually update based on the assessment, a security plan with measures to protect personnel, patients, and visitors from aggressive or violent behavior. The security and safety assessment shall examine trends of aggressive or violent behavior at the facility. These hospitals shall track incidents of aggressive or violent behavior as part of the quality assessment and improvement program and for the purposes of developing a security plan to deter and manage further aggressive or violent acts of a similar nature. The plan may include, but shall not be limited to, security considerations relating to all of the following: (1) Physical layout. (2) Staffing. (3) Security personnel availability. (4) Policy and training related to appropriate responses to violent acts. (5) Efforts to cooperate with local law enforcement regarding violent acts in the facility. In developing this plan, the hospital shall consider guidelines or standards on violence in health care facilities issued by the department, the Division of Occupational Safety and Health, and the federal Occupational Safety and Health Administration. As part of the security plan, a hospital shall adopt security policies including, but not limited to, personnel training policies designed to protect personnel, patients, and visitors from aggressive or violent behavior. In developing the plan and the assessment, the hospital shall consult with affected employees, including the recognized collective bargaining agent or agents, if any, and members of the hospital medical staff organized pursuant to Section 2282 of the Business and Professions Code. This consultation may occur through hospital committees. (b) The individual or members of a hospital committee responsible for developing the security plan shall be familiar with all of the following: (1) The role of security in hospital operations. (2) Hospital organization. (3) Protective measures, including alarms and access control. (4) The handling of disturbed patients, visitors, and employees. (5) Identification of aggressive and violent predicting factors. (6) Hospital safety and emergency preparedness. (7) The rudiments of documenting and reporting crimes, including, by way of example, not disturbing a crime scene. (c) The hospital shall have sufficient personnel to provide security pursuant to the security plan developed pursuant to subdivision (a). Persons regularly assigned to provide security in a hospital setting shall be trained regarding the role of security in hospital operations, including the identification of aggressive and violent predicting factors and management of violent disturbances. (d) Any act of assault, as defined in Section 240 of the Penal Code, or battery, as defined in Section 242 of the Penal Code, that results in injury or involves the use of a firearm or other dangerous weapon, against any on-duty hospital personnel shall be reported to the local law enforcement agency within 72 hours of the incident. Any other act of assault, as defined in Section 240 of the Penal Code, or battery, as defined in Section 242 of the Penal Code, against any on-duty hospital personnel may be reported to the local law enforcement agency within 72 hours of the incident. No health facility or employee of a health facility who reports a known or suspected instance of assault or battery pursuant to this section shall be civilly or criminally liable for any report required by this section. No health facility or employee of a health facility who reports a known or suspected instance of assault or battery that is authorized, but not required, by this section, shall be civilly or criminally liable for the report authorized by this section unless it can be proven that a false report was made and the health facility or its employee knew that the report was false or was made with reckless disregard of the truth or falsity of the report, and any health facility or employee of a health facility who makes a report known to be false or with reckless disregard of the truth or falsity of the report shall be liable for any damages caused. Any individual knowingly interfering with or obstructing the lawful reporting process shall be guilty of a misdemeanor. “Dangerous weapon,” as used in this section, means any weapon the possession or concealed carrying of which is prohibited by any provision listed in Section 16590 of the Penal Code. (Amended by Stats. 2010, Ch. 178, Sec. 36. (SB 1115) Effective January 1, 2011. Operative January 1, 2012, by Sec. 107 of Ch. 178.)
  112. 1257.8.

    ## 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. )

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    Hospital employees in emergency departments must receive security training, and certain medical staff, practitioners, and temporary personnel must also be trained or oriented under the security plan.

    ## 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. ) ## 1257.8. (a) All hospital employees regularly assigned to the emergency department shall receive, by July 1, 1995, and thereafter, on a continuing basis as provided for in the security plan developed pursuant to Section 1257.7, security education and training relating to the following topics: (1) General safety measures. (2) Personal safety measures. (3) The assault cycle. (4) Aggression and violence predicting factors. (5) Obtaining patient history from a patient with violent behavior. (6) Characteristics of aggressive and violent patients and victims. (7) Verbal and physical maneuvers to diffuse and avoid violent behavior. (8) Strategies to avoid physical harm. (9) Restraining techniques. (10) Appropriate use of medications as chemical restraints. (11) Any resources available to employees for coping with incidents of violence, including, by way of example, critical incident stress debriefing or employee assistance programs. (b) As provided in the security plan developed pursuant to Section 1257.7, members of the medical staff of each hospital and all other practitioners, including, but not limited to, nurse practitioners, physician assistants, and other personnel, who are regularly assigned to the emergency department or other departments identified in the security plan shall receive the same training as that provided to hospital employees or, at a minimum, training determined to be sufficient pursuant to the security plan. (c) Temporary personnel shall be oriented as required pursuant to the security plan. This section shall not be construed to preempt state law or regulations generally affecting temporary personnel in hospitals. (Added by Stats. 1993, Ch. 936, Sec. 3. Effective January 1, 1994.)
  113. 1257.9.

    ## 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. )

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    The department must recommend breast-feeding training for certain hospitals and notify hospital leadership that a model course is available on request. The section is advisory only and does not require hospitals to comply.

    ## 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. ) ## 1257.9. (a) (1) The department shall recommend training for general acute care hospitals, as defined in subdivision (a) of Section 1250, and special hospitals, as defined in subdivision (f) of Section 1250, that is intended to improve breast-feeding rates among mothers and infants. This recommended training should be designed for general acute care hospitals that provide maternity care and have exclusive patient breast-feeding rates in the lowest 25 percent, according to the data published yearly by the State Department of Public Health, when ranked from highest to lowest rates. The training offered shall include a minimum of eight hours of training provided to appropriate administrative and supervisory staff on hospital policies and recommendations that promote exclusive breast-feeding. Hospitals that meet the minimum criteria for exclusive breast-feeding rates prescribed in the most current Healthy People Guidelines of the United States Department of Health and Human Services shall be excluded from the training requirements recommended by this paragraph. (2) The department shall notify the hospital director or other person in charge of a hospital to which paragraph (1) applies, that the eight-hour model training course developed pursuant to subdivision (b) of Section 123360, is available, upon request, to the hospital. (b) The recommendations provided for in this section are advisory only. Nothing in this section shall require a hospital to comply with the training recommended by this section. Section 1290 shall not apply to this section, nor shall meeting the recommendations of this section be a condition of licensure. (Added by Stats. 2007, Ch. 460, Sec. 2. Effective January 1, 2008.)
  114. 12570.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 1. Types of Licenses [12570 - 12579] ( Article 1 added by Stats. 1973, Ch. 1109. )

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    The State Fire Marshal may issue licenses covered by this part, and may adopt regulations as long as they are not inconsistent with 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 1. Types of Licenses [12570 - 12579] ( Article 1 added by Stats. 1973, Ch. 1109. ) ## 12570. The State Fire Marshal may issue any license described in this part, subject to the regulations which he may adopt not inconsistent with the provisions of this part. (Added by Stats. 1973, Ch. 1109.)
  115. 125700.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 8. ADULT HEALTH [125700 - 125710] ( Heading of Part 8 amended by Stats. 2015, Ch. 303, Sec. 359. ) ## CHAPTER 1. California Osteoporosis Prevention and Education Act [125700 - 125710] ( Chapter 1 added by Stats. 1999, Ch. 819, Sec. 2. )

    Verify source ↗

    This chapter is named the California Osteoporosis Prevention and Education Act and may be cited by that name.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 8. ADULT HEALTH [125700 - 125710] ( Heading of Part 8 amended by Stats. 2015, Ch. 303, Sec. 359. ) ## CHAPTER 1. California Osteoporosis Prevention and Education Act [125700 - 125710] ( Chapter 1 added by Stats. 1999, Ch. 819, Sec. 2. ) ## 125700. This chapter shall be known and may be cited as the “California Osteoporosis Prevention and Education Act.” (Added by Stats. 1999, Ch. 819, Sec. 2. Effective January 1, 2000.)
  116. 125701.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 8. ADULT HEALTH [125700 - 125710] ( Heading of Part 8 amended by Stats. 2015, Ch. 303, Sec. 359. ) ## CHAPTER 1. California Osteoporosis Prevention and Education Act [125700 - 125710] ( Chapter 1 added by Stats. 1999, Ch. 819, Sec. 2. )

    Verify source ↗

    The Legislature states that California should promote public awareness, education, and better management of osteoporosis to reduce its impact.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 8. ADULT HEALTH [125700 - 125710] ( Heading of Part 8 amended by Stats. 2015, Ch. 303, Sec. 359. ) ## CHAPTER 1. California Osteoporosis Prevention and Education Act [125700 - 125710] ( Chapter 1 added by Stats. 1999, Ch. 819, Sec. 2. ) ## 125701. It is the intent of the Legislature to promote public awareness of the causes of and options for the prevention of osteoporosis, to educate the public regarding the prevention and management of osteoporosis, and to improve management of osteoporosis, and thereby to minimize the impact of this debilitating disease. (Added by Stats. 1999, Ch. 819, Sec. 2. Effective January 1, 2000.)
  117. 125702.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 8. ADULT HEALTH [125700 - 125710] ( Heading of Part 8 amended by Stats. 2015, Ch. 303, Sec. 359. ) ## CHAPTER 1. California Osteoporosis Prevention and Education Act [125700 - 125710] ( Chapter 1 added by Stats. 1999, Ch. 819, Sec. 2. )

    Verify source ↗

    This section creates the California Osteoporosis Prevention and Education Program within the department and limits its target population to people age 50 or older.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 8. ADULT HEALTH [125700 - 125710] ( Heading of Part 8 amended by Stats. 2015, Ch. 303, Sec. 359. ) ## CHAPTER 1. California Osteoporosis Prevention and Education Act [125700 - 125710] ( Chapter 1 added by Stats. 1999, Ch. 819, Sec. 2. ) ## 125702. There is hereby created within the department the California Osteoporosis Prevention and Education Program. The target population for this program shall be persons of age 50 years or older. (Added by Stats. 1999, Ch. 819, Sec. 2. Effective January 1, 2000.)
  118. 125703.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 8. ADULT HEALTH [125700 - 125710] ( Heading of Part 8 amended by Stats. 2015, Ch. 303, Sec. 359. ) ## CHAPTER 1. California Osteoporosis Prevention and Education Act [125700 - 125710] ( Chapter 1 added by Stats. 1999, Ch. 819, Sec. 2. )

    Verify source ↗

    The department must establish the program in consultation with the California Department of Aging and carry out the listed program activities.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 8. ADULT HEALTH [125700 - 125710] ( Heading of Part 8 amended by Stats. 2015, Ch. 303, Sec. 359. ) ## CHAPTER 1. California Osteoporosis Prevention and Education Act [125700 - 125710] ( Chapter 1 added by Stats. 1999, Ch. 819, Sec. 2. ) ## 125703. The department shall, in consultation with the California Department of Aging, do all of the following in the establishment of the program: (a) Promote public awareness concerning the causes and nature of, the personal risk factors for, the value of prevention of, and the options for management of osteoporosis. (b) Work with other state and local agencies to promote osteoporosis educational and training programs for physicians and other health professionals. (c) Convene an advisory panel of individuals with knowledge and expertise in osteoporosis research, women’s health, healthy aging, prevention strategies, educational programs, and consumer needs to guide program development. (Added by Stats. 1999, Ch. 819, Sec. 2. Effective January 1, 2000.)
  119. 125704.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 8. ADULT HEALTH [125700 - 125710] ( Heading of Part 8 amended by Stats. 2015, Ch. 303, Sec. 359. ) ## CHAPTER 1. California Osteoporosis Prevention and Education Act [125700 - 125710] ( Chapter 1 added by Stats. 1999, Ch. 819, Sec. 2. )

    Verify source ↗

    The department must develop fall- and fracture-prevention protocols and put them into community practice, after consulting the advisory panel named in Section 125703(c).

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 8. ADULT HEALTH [125700 - 125710] ( Heading of Part 8 amended by Stats. 2015, Ch. 303, Sec. 359. ) ## CHAPTER 1. California Osteoporosis Prevention and Education Act [125700 - 125710] ( Chapter 1 added by Stats. 1999, Ch. 819, Sec. 2. ) ## 125704. In consultation with the advisory panel convened pursuant to subdivision (c) of Section 125703, the department shall develop effective protocols for the prevention of falls and fractures and establish these protocols in community practice to improve the prevention and management of osteoporosis. (Added by Stats. 1999, Ch. 819, Sec. 2. Effective January 1, 2000.)
  120. 12571.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 1. Types of Licenses [12570 - 12579] ( Article 1 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    A manufacturer’s license allows making fireworks and other pyrotechnic devices, and allows limited sales and transport under stated 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 1. Types of Licenses [12570 - 12579] ( Article 1 added by Stats. 1973, Ch. 1109. ) ## 12571. A manufacturer’s license shall allow the manufacture of fireworks and other pyrotechnic devices of all types and the sale and transport to licensed wholesalers in California only and the sale to special effects pyrotechnic operators of materials and devices for which such pyrotechnic operators hold a valid permit. (Added by Stats. 1973, Ch. 1109.)
  121. 125710.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 8. ADULT HEALTH [125700 - 125710] ( Heading of Part 8 amended by Stats. 2015, Ch. 303, Sec. 359. ) ## CHAPTER 1. California Osteoporosis Prevention and Education Act [125700 - 125710] ( Chapter 1 added by Stats. 1999, Ch. 819, Sec. 2. )

    Verify source ↗

    The director must seek private sector support, grants, and other appropriate funding for the California Osteoporosis Prevention and Education 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 8. ADULT HEALTH [125700 - 125710] ( Heading of Part 8 amended by Stats. 2015, Ch. 303, Sec. 359. ) ## CHAPTER 1. California Osteoporosis Prevention and Education Act [125700 - 125710] ( Chapter 1 added by Stats. 1999, Ch. 819, Sec. 2. ) ## 125710. The director shall seek private sector financial support, grants, and other appropriate moneys to support the California Osteoporosis Prevention and Education Program. (Added by Stats. 1999, Ch. 819, Sec. 2. Effective January 1, 2000.)
  122. 12572.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 1. Types of Licenses [12570 - 12579] ( Article 1 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    A wholesaler’s license lets the holder sell and transport fireworks only to specified licensed or permitted recipients, including certain California licensees and permit holders.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 1. Types of Licenses [12570 - 12579] ( Article 1 added by Stats. 1973, Ch. 1109. ) ## 12572. A wholesaler’s license allows the sale and transportation of all types of fireworks to licensed retailers, or retailers operating under a permit, licensed public display operators, and other licensed wholesalers in California only and sale to special effects pyrotechnic operators holding a valid permit and sale of exempt fireworks to those industrial and commercial concerns that possess a valid permit from the local agency having jurisdiction in the area where such fireworks are to be used or stored. (Added by Stats. 1973, Ch. 1109.)
  123. 12573.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 1. Types of Licenses [12570 - 12579] ( Article 1 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    An importer’s and exporter’s license lets fireworks be brought into and sent out of the state, but imports are limited to sales to licensed wholesalers and licensed manufacturers, and exports are limited to sales to persons 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 1. Types of Licenses [12570 - 12579] ( Article 1 added by Stats. 1973, Ch. 1109. ) ## 12573. An importer’s and exporter’s license shall allow fireworks to be imported into and exported from the state. Import activity shall be limited to the sale of fireworks to licensed wholesalers and licensed manufacturers only. Export activity shall be limited to the sale of fireworks to persons outside of the state. Holders of this type of license shall not be issued or possess a public display license of any type without first securing a wholesaler’s license. This section shall not require a license for a motion picture production company to transport or deliver special effects from within the state to a destination outside the state. (Added by Stats. 1973, Ch. 1109.)
  124. 12574.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 1. Types of Licenses [12570 - 12579] ( Article 1 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    A retail sales license permits the sale of safe and sane fireworks for private use.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 1. Types of Licenses [12570 - 12579] ( Article 1 added by Stats. 1973, Ch. 1109. ) ## 12574. A retail sales license allows the retail sale of safe and sane fireworks for private use. (Added by Stats. 1973, Ch. 1109.)
  125. 12575.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 1. Types of Licenses [12570 - 12579] ( Article 1 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    A public display (special) license allows public displays of dangerous fireworks at one location only.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 1. Types of Licenses [12570 - 12579] ( Article 1 added by Stats. 1973, Ch. 1109. ) ## 12575. A public display (special) license allows the holding and conducting at various times of public displays of dangerous fireworks at a single location only. (Added by Stats. 1973, Ch. 1109.)
  126. 12576.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 1. Types of Licenses [12570 - 12579] ( Article 1 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    A general public display license allows holding and conducting public displays 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 1. Types of Licenses [12570 - 12579] ( Article 1 added by Stats. 1973, Ch. 1109. ) ## 12576. A public display license (general) allows the holding and conducting of public displays of dangerous fireworks at various locations and at various times. (Added by Stats. 1973, Ch. 1109.)
  127. 12577.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 1. Types of Licenses [12570 - 12579] ( Article 1 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    A limited public display license allows one single public display action of a single nature with dangerous fireworks at one location, for one or more performances or exhibitions.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 1. Types of Licenses [12570 - 12579] ( Article 1 added by Stats. 1973, Ch. 1109. ) ## 12577. A public display license (limited) allows the performance of a single public display action of a single nature with dangerous fireworks at one location to be executed at one or more performances or exhibitions. (Added by Stats. 1973, Ch. 1109.)
  128. 12578.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 1. Types of Licenses [12570 - 12579] ( Article 1 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    The State Fire Marshal must adopt regulations that define the scope of each class of pyrotechnic operator license, and that license allows the holder to handle, supervise, or discharge certain 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 1. Types of Licenses [12570 - 12579] ( Article 1 added by Stats. 1973, Ch. 1109. ) ## 12578. The State Fire Marshal shall adopt regulations that identify and specify the scope of each class of pyrotechnic operator license. A pyrotechnic operator license shall allow the licensee to handle, supervise, or discharge dangerous fireworks at public displays of all types, and to handle, supervise, or discharge rockets and special effects pyrotechnic devices which produce an audible or visual effect in connection with group entertainment or motion picture productions which may or may not be held before live audiences. (Amended by Stats. 1990, Ch. 233, Sec. 1.)
  129. 12579.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 1. Types of Licenses [12570 - 12579] ( Article 1 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    All licensees may transport the class of fireworks covered by their valid license, subject to Section 12651.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 1. Types of Licenses [12570 - 12579] ( Article 1 added by Stats. 1973, Ch. 1109. ) ## 12579. All licensees may transport the class of fireworks for which they hold a valid license as provided in Section 12651. (Added by Stats. 1973, Ch. 1109.)
  130. 1258.

    ## 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. )

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    Health facilities and their medical staff may not require special nonmedical qualifications for sterilization operations, except for requirements tied to physical or mental condition or existing law for minors.

    ## 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. ) ## 1258. No health facility which permits sterilization operations for contraceptive purposes to be performed therein, nor the medical staff of such health facility, shall require the individual upon whom such a sterilization operation is to be performed to meet any special nonmedical qualifications, which are not imposed on individuals seeking other types of operations in the health facility. Such prohibited nonmedical qualifications shall include, but not be limited to, age, marital status, and number of natural children. Nothing in this section shall prohibit requirements relating to the physical or mental condition of the individual or affect the right of the attending physician to counsel or advise his patient as to whether or not sterilization is appropriate. This section shall not affect existing law with respect to individuals below the age of majority. (Added by Stats. 1974, Ch. 755.)
  131. 12580.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    The State Fire Marshal may issue and renew licenses for fireworks and pyrotechnic devices in California.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. ) ## 12580. The State Fire Marshal may issue and renew licenses for the manufacture, import, export, sale, and use of all fireworks and pyrotechnic devices in this state. (Added by Stats. 1973, Ch. 1109.)
  132. 12581.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    People who want to make, import, export, sell, or use fireworks must first apply in writing for a license from the State Fire Marshal and include the annual license fee.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. ) ## 12581. Any person who desires to manufacture, import, export, sell or use fireworks, shall first make written application for a license to the State Fire Marshal on forms provided by him. Such application shall be accompanied by the annual license fee as prescribed in this chapter. (Added by Stats. 1973, Ch. 1109.)
  133. 12582.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    License applications must be signed by the applicant, and special signature rules apply for partnerships and corporations.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. ) ## 12582. The application for a license shall be signed by the applicant. If the application is made by a partnership, it shall be signed by each partner of the partnership. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the corporation’s seal. (Added by Stats. 1973, Ch. 1109.)
  134. 12583.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    A license’s authorization can extend to registered salesmen or employees, sales personnel of licensed retailers do not need State Fire Marshal registration, and people under 18 may not sell or handle fireworks for sale.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. ) ## 12583. The authorization to engage in the particular act or acts conferred by a license to a person shall extend to salesmen or other employees of such person who are registered with the State Fire Marshal. The sales personnel and other employees of licensed retailers, however, need not be registered with the State Fire Marshal. No person under the age of 18 shall sell, or handle for sale, any classification of fireworks. (Added by Stats. 1973, Ch. 1109.)
  135. 12585.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. )

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    An applicant may withdraw a license or renewal application, and the State Fire Marshal may permit that withdrawal if it serves public safety or the administration of 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. ) ## 12585. Any applicant may withdraw his application for a license or renewal of a license and the State Fire Marshal may allow the withdrawal when he has determined that it is in the best interest of public safety or the administration of this part. (Added by Stats. 1973, Ch. 1109.)
  136. 125850.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 10. MALE CIRCUMCISION [125850- 125850.] ( Part 10 added by Stats. 2011, Ch. 398, Sec. 1. )

    Verify source ↗

    Local governments may not ban or limit male circumcision, including a parent’s authority to have a child circumcised.

    ## Health and Safety Code - HSC ## DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100 - 125850] ( Division 106 added by Stats. 1995, Ch. 415, Sec. 8. ) ## PART 10. MALE CIRCUMCISION [125850- 125850.] ( Part 10 added by Stats. 2011, Ch. 398, Sec. 1. ) ## 125850. (a) The Legislature finds and declares as follows: (1) Male circumcision has a wide array of health and affiliative benefits. (2) This section clarifies existing law. (b) No city, county, or city and county ordinance, regulation, or administrative action shall prohibit or restrict the practice of male circumcision, or the exercise of a parent’s authority to have a child circumcised. (c) The Legislature finds and declares that the laws affecting male circumcision must have uniform application throughout the state. Therefore, this part shall apply to general law and charter cities, general law and charter counties, and charter city and counties. (Added by Stats. 2011, Ch. 398, Sec. 1. (AB 768) Effective October 2, 2011.)
  137. 12586.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    A license’s suspension, expiration, forfeiture, cancellation, or surrender does not stop the State Fire Marshal from pursuing or continuing disciplinary action while the license can still be renewed, restored, reissued, or reinstated.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. ) ## 12586. The suspension, expiration, or forfeiture by operation of law of a license issued by the State Fire Marshal, or its suspension, forfeiture, or cancellation by order of the State Fire Marshal or by a court of law, or its surrender to the State Fire Marshal shall not, during any period in which it may be renewed, restored, reissued, or reinstated, deprive the State Fire Marshal of his authority to institute or continue disciplinary action against the licensee upon any ground provided by law, or to enter an order suspending or revoking a license or otherwise taking disciplinary action against the licensee on any such ground. (Added by Stats. 1973, Ch. 1109.)
  138. 12587.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    A written report saying the applicant or the premises do not meet required license qualifications or conditions may be grounds to deny a fireworks license or renewal.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. ) ## 12587. A written report by the State Fire Marshal, any of his deputies, or salaried assistants, or by the chief of any city or county fire department or fire protection district or their authorized representatives, disclosing that the applicant for a license or for renewal of a license does not meet, or the premises for which the license is required do not meet, the qualifications or conditions for such license as required by this part or regulations adopted pursuant to this part, may constitute grounds for denial of any application for the license or renewal of the license. (Added by Stats. 1973, Ch. 1109.)
  139. 12588.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. )

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    The State Fire Marshal may deny a license or renewal without a hearing if, within the previous year, the same applicant had a license denied or revoked after the required proceedings for violating 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. ) ## 12588. The State Fire Marshal may deny, without hearing, an application for a license or renewal of a license, if within one year prior to the date of application, the State Fire Marshal has denied or revoked a license after proceedings conducted in accordance with the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code for the same applicant on the ground of violation of this part. (Added by Stats. 1973, Ch. 1109.)
  140. 12589.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    A license application becomes void if the applicant misses a required examination step, fails the exam or required submissions, withdraws before investigation, is denied after hearing, or makes misrepresentations or false statements.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. ) ## 12589. The application for any license shall become void when any of the following occurs: (a) The State Fire Marshal has notified the applicant to appear for examination and the applicant fails to appear or fails to submit a written statement of just cause for not appearing. (b) The applicant fails to achieve a passing score on a required examination. A minimum qualifying score shall be established by regulations pursuant to this part. (c) The applicant has not submitted documentary evidence of his qualifications as required by regulations adopted pursuant to this part. (d) The applicant has failed to submit evidence of insurability as required by this part. (e) The applicant withdraws his application prior to an investigation by the State Fire Marshal to determine if the license shall be issued. (f) The license is denied after a hearing is conducted as provided by this part. (g) The applicant has made misrepresentations or filed false statements. (Added by Stats. 1973, Ch. 1109.)
  141. 1259.

    ## 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. )

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    Licensed general acute care hospitals must provide and manage language assistance for patients with language or communication barriers, including interpreters, policies, notices, and recordkeeping.

    ## 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. ) ## 1259. (a) (1) The Legislature finds and declares that California is becoming a land of people whose languages and cultures give the state a global quality. The Legislature further finds and declares that access to basic health care services is the right of every resident of the state, and that access to information regarding basic health care services is an essential element of that right. (2) Therefore, it is the intent of the Legislature that when language or communication barriers exist between patients and the staff of any general acute care hospital, arrangements shall be made for interpreters or bilingual professional staff to ensure adequate and speedy communication between patients and staff. (b) As used in this section: (1) “Interpreter” means a person fluent in English and in the necessary second language, who can accurately speak, read, and readily interpret the necessary second language, or a person who can accurately sign and read sign language. Interpreters shall have the ability to translate the names of body parts and to describe competently symptoms and injuries in both languages. Interpreters may include members of the medical or professional staff. (2) “Language or communication barriers” means: (A) With respect to spoken language, barriers that are experienced by individuals who are limited-English-speaking or non-English-speaking individuals who speak the same primary language and who comprise at least 5 percent of the population of the geographical area served by the hospital or of the actual patient population of the hospital. In cases of dispute, the State Department of Public Health shall determine, based on objective data, whether the 5 percent population standard applies to a given hospital. (B) With respect to sign language, barriers that are experienced by individuals who are deaf and whose primary language is sign language. (c) To ensure access to health care information and services for limited-English-speaking or non-English-speaking residents and deaf residents, licensed general acute care hospitals shall: (1) Review existing policies regarding interpreters for patients with limited-English proficiency and for patients who are deaf, including the availability of staff to act as interpreters. (2) (A) (i) Adopt and review annually a policy for providing language assistance services to patients with language or communication barriers. The policy shall include procedures for providing, to the extent possible, as determined by the hospital, the use of an interpreter whenever a language or communication barrier exists, except when the patient, after being informed of the availability of the interpreter service, chooses to use a family member or friend who volunteers to interpret. The procedures shall be designed to maximize efficient use of interpreters and minimize delays in providing interpreters to patients. The procedures shall ensure, to the extent possible, as determined by the hospital, that interpreters are available, either on the premises or accessible by telephone, 24 hours a day. (ii) The hospital shall, on or before July 1, 2016, and every January 1 thereafter, make the updated policy and a notice of availability of language assistance services available to the public on its Internet Web site. The notice shall be in English and in the other languages most commonly spoken in the hospital’s service area. For purposes of this paragraph, the hospital shall make the notice available in the language of individuals who meet the definition of having a language barrier pursuant to subparagraph (A) of paragraph (2) of subdivision (b); however, a hospital is not required to make the notice available in more than five languages other than English. (B) (i) The hospital shall, on or before July 1, 2016, and every January 1 thereafter, transmit to the department a copy of the updated policy and shall include a description of its efforts to ensure adequate and speedy communication between patients with language or communication barriers and staff. (ii) The department shall make the updated policy available to the public on its Internet Web site. (3) Develop, and post in conspicuous locations, notices that advise patients and their families of the availability of interpreters, the procedure for obtaining an interpreter, and the telephone numbers where complaints may be filed concerning interpreter service problems, including, but not limited to, a TDD number for the deaf or hard of hearing. The notices shall be posted, at a minimum, in the emergency room, the admitting area, the entrance, and in outpatient areas. Notices shall inform patients that interpreter services are available upon request, shall list the languages for which interpreter services are available, shall instruct patients to direct complaints regarding interpreter services to the department, and shall provide the local address and telephone number of the department, including, but not limited to, a TDD number for the deaf or hard of hearing. (4) Identify and record a patient’s primary language and dialect on one or more of the following: patient medical chart, hospital bracelet, bedside notice, or nursing card. (5) Prepare and maintain as needed a list of interpreters who have been identified as proficient in sign language and in the languages of the population of the geographical area serviced who have the ability to translate the names of body parts, injuries, and symptoms. (6) Notify employees of the hospital’s commitment to provide interpreters to all patients who request them. (7) Review all standardized written forms, waivers, documents, and informational materials available to patients upon admission to determine which to translate into languages other than English. (8) Consider providing its nonbilingual staff with standardized picture and phrase sheets for use in routine communications with patients who have language or communication barriers. (9) Consider developing community liaison groups to enable the hospital and the limited-English-speaking and deaf communities to ensure the adequacy of the interpreter services. (d) Noncompliance with this section shall be reportable to licensing authorities. (e) Section 1290 does not apply to this section. (Amended by Stats. 2017, Ch. 561, Sec. 102. (AB 1516) Effective January 1, 2018.)
  142. 1259.3.

    ## 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. )

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    If a general acute care hospital does a urine drug screening for diagnosis, it must include fentanyl testing.

    ## 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. ) ## 1259.3. (a) This section shall be known, and may be cited, as Tyler’s Law. (b) If a person is treated at a general acute care hospital and the hospital conducts a urine drug screening to assist in diagnosing the patient’s condition, the hospital shall include testing for fentanyl in the urine drug screening. (c) As used in this section, “urine drug screening” means a chemical analysis intended to test patients for the presence of multiple drugs, including cocaine, opioids, and phencyclidine. (d) This section shall remain in effect only until January 1, 2028, and as of that date is repealed. (Added by Stats. 2022, Ch. 169, Sec. 1. (SB 864) Effective January 1, 2023. Repealed as of January 1, 2028, by its own provisions.)
  143. 1259.5.

    ## 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. )

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    Certain hospitals must have written policies and procedures to routinely screen patients for spousal or partner abuse by January 1, 1995.

    ## 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. ) ## 1259.5. By January 1, 1995, each general acute care hospital, acute psychiatric hospital, special hospital, psychiatric health facility, and chemical dependency recovery hospital shall establish written policies and procedures to screen patients routinely for the purpose of detecting spousal or partner abuse. The policies shall include guidelines on all of the following: (a) Identifying, through routine screening, spousal or partner abuse among patients. (b) Documenting patient injuries or illnesses attributable to spousal or partner abuse. (c) Educating appropriate hospital staff about the criteria for identifying, and the procedures for handling, patients whose injuries or illnesses are attributable to spousal or partner abuse. (d) Advising patients exhibiting signs of spousal or partner abuse of crisis intervention services that are available either through the hospital facility or through community-based crisis intervention and counseling services. (e) Providing to patients who exhibit signs of spousal or partner abuse information on domestic violence and a referral list, to be updated periodically, of private and public community agencies that provide, or arrange for, evaluation of and care for persons experiencing spousal or partner abuse, including, but not limited to, hot lines, local domestic violence shelter-based programs, legal services, and information about temporary restraining orders. (Amended by Stats. 2022, Ch. 197, Sec. 10. (SB 1493) Effective January 1, 2023.)
  144. 1259.6.

    ## 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. )

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    General acute care hospitals must adopt written suicide-risk screening policies by January 1, 2025 and then routinely screen patients age 12 and older.

    ## 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. ) ## 1259.6. (a) On or before January 1, 2025, a general acute care hospital shall establish and adopt written policies and procedures to screen patients who are 12 years of age and older for purposes of detecting a risk for suicidal ideation and behavior. (b) The procedures established pursuant to this section shall accomplish all of the following: (1) Identify, as part of a medical screening, a patient’s risk for suicidal ideation and behavior. (2) Document in the medical record a patient’s risk for suicidal ideation and behavior. (3) Provide to a patient who exhibits a sign of a risk for suicidal ideation and behavior a current referral list of private and public community agencies that provide, or arrange for, the evaluation, counseling, and care of persons experiencing a risk of suicidal ideation and behavior, including, but not limited to, hotlines and locally available mental health services. (4) Designate the licensed staff to be responsible for the implementation of these policies and procedures. (c) After the adoption of written policies and procedures pursuant to subdivision (a), a general acute care hospital shall routinely screen patients who are 12 years of age and older for a risk of suicidal ideation and behavior in compliance with those policies and procedures. (d) It is the intent of the Legislature that a general acute care hospital, for purposes of satisfying the requirements of this section, adopt guidelines similar to the validated or evidence-based screening tools and suicide risk assessment tools recommended by the Joint Commission regarding screening for suicidal ideation and behavior risk and protocols to follow when a patient exhibits a sign of being at imminent risk for suicidal ideation and behavior. The Legislature recognizes that, while guidelines evolve and change, the validated or evidence-based screening tools and suicide risk assessment tools recommended by the Joint Commission may serve, at this time, as a model to follow. (Added by Stats. 2022, Ch. 101, Sec. 1. (AB 1394) Effective January 1, 2023.)
  145. 12590.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. )

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    The State Fire Marshal may deny or revoke a license if listed problems have occurred.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. ) ## 12590. The State Fire Marshal may deny or revoke any license issued pursuant to this part if the State Fire Marshal finds any of the following conditions has occurred: (a) The licensee has failed to pay the annual renewal license fee provided in this chapter. (b) The licensee or license applicant has violated any provisions of this part or any regulations adopted by the State Fire Marshal pursuant to this part. (c) The licensee or license applicant has created or caused a fire nuisance. (d) The licensee has failed to keep full, complete, and accurate records or failed to file any required reports. (e) Any fact or condition exists which, if it had existed at the time of the original application for the license reasonably would have warranted the State Fire Marshal in refusing originally to issue the license. (f) The permit issued under Section 12640 has been rescinded or revoked by the issuing authority. (g) Any licensee or license applicant has refused to make available to the State Fire Marshal full, complete, and accurate records. (Amended by Stats. 1985, Ch. 622, Sec. 1.)
  146. 12591.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. )

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    The State Fire Marshal may suspend a license for up to 30 days, but must give three days notice first, while investigating a violation of 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. ) ## 12591. The State Fire Marshal may, upon three days notice, suspend any license for a period not exceeding 30 days pending investigation of any violation of the provisions of this part. (Added by Stats. 1973, Ch. 1109.)
  147. 12592.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. )

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    An applicant denied a license or renewal, or a licensee whose license was suspended, is entitled to a hearing under 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. ) ## 12592. Any applicant who has been denied a license or renewal of a license, or any licensee who has had a license suspended, shall be entitled to a hearing in accordance with the provisions of this part. (Added by Stats. 1973, Ch. 1109.)
  148. 12593.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. )

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    Hearings under this part must follow Chapter 5 of the Government Code unless this part says 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. ) ## 12593. Except where otherwise provided in this part, all hearings under this part shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 1973, Ch. 1109.)
  149. 12594.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    Reports and payments covered by this part are treated as made or paid when filed with or paid to the State Fire Marshal, or when mailed, on the U.S. postmark date.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. ) ## 12594. Reports on fireworks transactions or the payment of license fees or penalties required by this part shall be deemed to have been made or paid at the time they are filed with, or paid to, the State Fire Marshal, or, if sent by mail, on the date shown by the United States postmark on the envelope containing the report or payment. (Added by Stats. 1973, Ch. 1109.)
  150. 12595.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    The license fee is set for the fiscal year starting July 1 and ending June 30, unless Section 12599 provides 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. ) ## 12595. Except as otherwise provided in Section 12599, on and after July 1, 1974, the original and annual license fee shall be for the fiscal year beginning July 1 and ending June 30 of the following year, or for the remaining portion of such fiscal year if the license is issued after the beginning of that fiscal year. (Added by Stats. 1973, Ch. 1109.)
  151. 12596.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    Any person or organization may obtain a license required by this part only between January 1, 1974, and June 30, 1974.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. ) ## 12596. Any person or organization may obtain any license required by this part between January 1, 1974, and June 30, 1974, to be effective for that period only. (Added by Stats. 1973, Ch. 1109.)
  152. 12597.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    A license renewal application must be filed during the renewal period, which runs from January 1 to May 1. If renewal fees are not paid by May 1, a penalty equal to 50% of the basic license fee applies. Retail sales licenses are excluded.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. ) ## 12597. Application for renewal of a license shall be made during the license renewal period in the current license year in order to renew a license for the next following license year. The license renewal period shall begin on January 1 and end May 1 preceding the license year for which renewal is requested. A penalty of 50 percent of the basic license fee shall be assessed in all cases where the renewal fees are not paid on or before May 1, preceding the license year for which renewal is requested. This section shall not apply to retail sales licenses. (Added by Stats. 1973, Ch. 1109.)
  153. 12598.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    If a licensee does not renew before the license expires, the license must be surrendered to the State Fire Marshal within 10 days after expiration.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. ) ## 12598. Every licensee who fails to renew his or her license by the time the license expires shall surrender the license to the State Fire Marshal within 10 days after the license expires. (Amended by Stats. 1985, Ch. 622, Sec. 2.)
  154. 12599.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    A retail license allows retail sales of safe and sane fireworks in this state only from noon on June 28 to noon on July 6, and the license expires then.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. ) ## 12599. A retail license shall authorize a retail sale of safe and sane fireworks within this state only during the period of 12 noon on the 28th of June through 12 noon on the 6th of July of the same calendar year and such license shall expire at the end of such period. No retail license shall be issued for the license period defined in this section unless the application for such license is received by the State Fire Marshal on or before June 15 preceding the license period. A new retail sales license shall be required annually for the period specified in this section. (Added by Stats. 1973, Ch. 1109.)
  155. 1260.

    ## 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. )

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    Certain nonprofit directors and managers involved in an asset sale are restricted from receiving post-sale remuneration, but some payments, later business transactions, declarations, and professional review are allowed under stated conditions.

    ## 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. ) ## 1260. (a) Except as provided in subdivision (b), any member of the board of directors of a nonprofit corporation that is subject to Section 5914 of the Corporations Code, who negotiates the terms and conditions of a sale or transfer of assets, as described in Section 5914 of the Corporations Code, is prohibited from receiving, directly or indirectly, any salary, compensation, payment, or other form of remuneration from the for-profit corporation or entity or mutual benefit corporation following the close of the sale or other transfer of assets. This prohibition shall not apply to any reimbursement or payment made to a member of the board of directors, who is a physician or other health care provider, for direct patient care services provided to patients covered by a health insurer, health care service plan, employer, or other entity that provides health care coverage, and that is owned, operated, or affiliated with the purchasing for-profit corporation or entity, provided that the amounts payable for the services rendered are no greater than the amounts payable to other physicians or health care providers providing the same or similar services. For the purpose of this section, “direct patient care services” mean health care services provided directly to a patient, and do not include services provided through an intermediary. Further, in order to qualify for the exemption in this subdivision, the direct patient care services must be health care services that are regularly provided by other physicians or other health care providers in the community who are also receiving reimbursements or payments from the same health insurer, health care service plan, employer, or other entity that is owned or operated by, or affiliated with, the purchasing for-profit corporation or entity. (b) After a period of two years following the close of the sale or other transfer of assets, a person who was a member of the board of directors of the nonprofit corporation who is prohibited from receiving any remuneration from the for-profit corporation or entity or mutual benefit corporation under subdivision (a) may enter into usual and customary business transactions with the for-profit corporation or entity or mutual benefit corporation so long as the following facts are established: (1) Prior to authorizing or approving the transaction, the representative of the for-profit corporation or entity or mutual benefit corporation considered and in good faith determined after reasonable investigation under the circumstances that the corporation could not have obtained a more advantageous arrangement with reasonable effort under the circumstances. (2) The for-profit corporation or entity or mutual benefit corporation, in fact could not have obtained a more advantageous arrangement with reasonable effort under the circumstances. (c) Any person who is a member of management of the nonprofit corporation and who presents information or opinions to the board regarding the sale or other transfer of assets as described in subdivision (a) that are relied upon, or considered by, any of the board members in making decisions regarding the sale or transfer, may make a written affirmative declaration that he or she will not work for, or receive any form of remuneration from, the for-profit corporation or entity or the mutual benefit corporation in the future. (d) In making any decision regarding the sale or other transfer of the nonprofit corporation’s assets, as described in Section 5914 of the Corporations Code, the board of the nonprofit corporation is prohibited from substantially relying on any information presented by any person to whom subdivision (c) applies who has not made a written affirmative declaration pursuant to subdivision (c). This subdivision shall not apply to any person whose only role in the sale or transfer is to provide to the nonprofit corporation exclusively factual information about the nonprofit corporation, community, financial status, or other similar data. (e) In performing those duties of a director set forth in subdivision (d), the board of directors may contract with independent counsel, accountants, financial analysts, or other professionals whom the board believes to be reliable and competent in the matters presented, to review and evaluate information and advice presented by an employee who has not signed an affirmative declaration pursuant to subdivision (c). Any director who substantially relies on information and advice presented by such an independent professional shall be deemed to have not violated subdivision (d). (Added by Stats. 1997, Ch. 890, Sec. 1. Effective October 12, 1997.)
  156. 1260.1.

    ## 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 ↗

    This section limits certain board members and managers involved in a nonprofit asset sale from later receiving remuneration from the buyer, with specific exceptions and a two-year rule for some transactions.

    ## 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. ) ## 1260.1. (a) Except as provided in subdivision (b), any member of the board of directors of a nonprofit corporation that is subject to Section 5920 of the Corporations Code, who negotiates the terms and conditions of a sale or transfer of assets, as described in Section 5920 of the Corporations Code, is prohibited from receiving, directly or indirectly, any salary, compensation, payment, or other form of remuneration from the purchasing public benefit corporation or entity following the close of the sale or other transfer of assets. This prohibition shall not apply to any reimbursement or payment made to a member of the board of directors, who is a physician or other health care provider, for direct patient care services provided to patients covered by a health insurer, health care service plan, employer, or other entity that provides health care coverage, and that is owned, operated, or affiliated with the purchasing public benefit corporation or entity, provided that the amounts payable for the services rendered are no greater than the amounts payable to other physicians or health care providers providing the same or similar services. For the purpose of this section, “direct patient care services” means health care services provided directly to a patient, and does not include services provided through an intermediary. Further, in order to qualify for the exemption in this subdivision, the direct patient care services must be health care services that are regularly provided by other physicians or other health care providers in the community who are also receiving reimbursements or payments from the same health insurer, health care service plan, employer, or other entity that is owned or operated by, or affiliated with, the purchasing public benefit corporation or entity. (b) After a period of two years following the close of the sale or other transfer of assets, a person who was a member of the board of directors of the selling nonprofit corporation who is prohibited from receiving any remuneration from the purchasing public benefit corporation or entity under subdivision (a) may enter into usual and customary business transactions with the purchasing public benefit corporation or entity so long as the following facts are established: (1) Prior to authorizing or approving the transaction, the representative of the purchasing public benefit corporation or entity considered and in good faith determined after reasonable investigation under the circumstances that the purchasing public benefit corporation could not have obtained a more advantageous arrangement with reasonable effort under the circumstances. (2) The purchasing public benefit corporation or entity, in fact, could not have obtained a more advantageous arrangement with reasonable effort under the circumstances. (c) Any person who is a member of management of the selling nonprofit corporation and who presents information or opinions to the board regarding the sale or other transfer of assets as described in subdivision (a) that are relied upon, or considered by, any of the board members in making decisions regarding the sale or transfer, may make a written affirmative declaration that he or she will not work for, or receive any form of remuneration from, the purchasing public benefit corporation or entity in the future. (d) In making any decision regarding the sale or other transfer of the nonprofit corporation’s assets, as described in Section 5920 of the Corporations Code, the board of the selling nonprofit corporation is prohibited from substantially relying on any information presented by any person to whom subdivision (c) applies who has not made a written affirmative declaration pursuant to subdivision (c). This subdivision shall not apply to any person whose only role in the sale or transfer is to provide to the selling nonprofit corporation exclusively factual information about the selling nonprofit corporation, community, financial status, or other similar data. (e) In performing those duties of a director set forth in subdivision (d), the board of directors may contract with independent counsel, accountants, financial analysts, or other professionals whom the board believes to be reliable and competent in the matters presented, to review and evaluate information and advice presented by an employee who has not signed an affirmative declaration pursuant to subdivision (c). Any director who substantially relies on information and advice presented by the independent professional shall be deemed to have not violated subdivision (d). (Added by Stats. 1999, Ch. 850, Sec. 12. Effective January 1, 2000.)
  157. 12600.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    A license under this part is only for the licensee and generally cannot be transferred, except as provided in Section 12583.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. ) ## 12600. Except as provided in Section 12583, the authority to perform any acts permitted by a license issued under this part shall be limited to the licensee and shall not be transferable. (Repealed and added by Stats. 1973, Ch. 1109.)
  158. 12601.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    A license that is not renewed under this part automatically expires at 12 midnight on June 30 each year, unless Section 12599 applies.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. ) ## 12601. Except as provided in Section 12599, any license not renewed in accordance with the provisions of this part shall automatically expire at 12 midnight on June 30 of each year. (Repealed and added by Stats. 1973, Ch. 1109.)
  159. 12602.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. )

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    No license is required for the retail sale, use, or discharge of certain fireworks and related 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. ) ## 12602. A license shall not be required for the retail sale, use, or discharge of agricultural and wildlife fireworks, model rocket motors, or emergency signaling devices. (Amended by Stats. 2015, Ch. 106, Sec. 4. (AB 467) Effective January 1, 2016.)
  160. 12603.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    A person or employee with a pyrotechnic license does not need a manufacturer’s license for fireworks work when producing TV, film, theater, or opera productions, if the fireworks are for a specific production or a reasonable special-effects inventory.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. ) ## 12603. No person or employee holding a pyrotechnic license shall be required to obtain a manufacturer’s license to design, assemble, compound, use, discharge, fabricate, construct, or erect any fireworks of any class or any combination thereof when such person or employee of such person is engaged in the business of producing television, motion picture, theater, or opera productions if the fireworks are for a specific use in a particular production or are used to maintain a reasonable inventory of special effects by a special effects independent contractor. (Repealed and added by Stats. 1973, Ch. 1109.)
  161. 12604.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    After a fireworks license is revoked, surrendered, or not renewed, the holder may dispose of the fireworks only under State Fire Marshal supervision and only to authorized buyers, and must do so within 90 days.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. ) ## 12604. Following the revocation or voluntary surrender of a license, or failure to renew his license, any person in lawful possession of lawfully acquired fireworks for which a license is required may sell or otherwise dispose of such fireworks only under supervision of the State Fire Marshal and in such a manner as he shall provide by regulations and solely to persons who are authorized to buy, possess, sell, or use such fireworks. Such disposal shall be accomplished not later than 90 days from the legal revocation, voluntary surrender, or day that the license expires. Any person possessing fireworks pursuant to this section shall report the disposition of such fireworks to the local authority who issued the storage permit within the time period specified by this section. (Repealed and added by Stats. 1973, Ch. 1109.)
  162. 12605.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. )

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    A person convicted of violating this part cannot apply for a new license, renew a license, or take a license exam for one year after conviction. The State Fire Marshal may waive this rule if granting a license would not endanger public safety.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. ) ## 12605. Any person found guilty of violating any of the provisions of this part is not eligible to apply for a new license, apply for a renewal of a license, or take an examination for any license for a period of one year from the date of any conviction. The State Fire Marshal may waive the provisions of this section when he finds the granting of a license will not endanger public safety. (Repealed and added by Stats. 1973, Ch. 1109.)
  163. 12606.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. )

    Verify source ↗

    Charges against applicants or licensees must be filed with the State Fire Marshal within three years of the alleged act or omission.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. ) ## 12606. Any charges against applicants for a license or against licensees which would be cause for the State Fire Marshal to initiate proceedings for revocation or denial of a license shall be filed with the State Fire Marshal within three years of the alleged act or omission. (Repealed and added by Stats. 1973, Ch. 1109.)
  164. 12606.1.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. )

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    The State Fire Marshal or a designee may let a license suspension be stayed if a penalty is paid and other listed conditions are met.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. ) ## 12606.1. (a) If the State Fire Marshal or his or her designee determines that the public interest and public welfare will be adequately served by permitting a person licensed under this chapter to pay a monetary penalty to the State Fire Marshal in lieu of an actual license suspension, the State Fire Marshal or his or her designee may stay the execution of all or part of the suspension if all of the following conditions are met: (1) The violation that is the cause for the suspension did not pose, or have the potential to pose, a significant threat or risk of harm to the public. (2) The licensee pays a monetary penalty. (3) The licensee does not incur any other cause for disciplinary action within a period of time specified by the State Fire Marshal or his or her designee. In making the determination, the State Fire Marshal or his or her designee shall consider the seriousness of the violation, the violator’s record of compliance with the law, the impact of the determination on the licensee, the licensee’s employees or customers, and other relevant factors. (b) The State Fire Marshal or his or her designee may exercise the discretion granted under this section either with respect to a suspension ordered by a decision after a contested hearing on an accusation against the licensee or by stipulation with the licensee after the filing of an accusation, but prior to the rendering of a decision based upon the accusation. In either case, the terms and conditions of the disciplinary action against the licensee shall be made part of a formal decision of the State Fire Marshal or his or her designee. (c) If a licensee fails to pay the monetary penalty in accordance with the terms and conditions of the decision of the State Fire Marshal or his or her designee, the State Fire Marshal or his or her designee may, without a hearing, order the immediate execution of all or any part of the stayed suspension in which event the licensee shall not be entitled to any repayment nor credit, prorated or otherwise, for money paid to the State Fire Marshal under the terms of the decision. (d) The amount of the monetary penalty payable under this section shall not exceed two hundred fifty dollars ($250) for each day of suspension stayed nor a total of ten thousand dollars ($10,000) per decision regardless of the number of days of suspension stayed under the decision. (e) Any monetary penalty received pursuant to this section shall be deposited in the State Fire Marshal Licensing and Certification Fund. (f) On or before March 1 of each year, the State Fire Marshal shall make available to the public data showing the percentage of enforcement actions taken that resulted in license suspension or the assessment of monetary penalties pursuant to this section. (Added by Stats. 2010, Ch. 161, Sec. 1. (AB 1773) Effective January 1, 2011.)
  165. 12607.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. )

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    The State Fire Marshal may deny a license or renewal application from a person convicted of certain explosives-, fireworks-, arson-, or fire-related offenses.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. ) ## 12607. The State Fire Marshal may deny the application for a license or the application for renewal of a license filed by any person who has been convicted of a felony involving explosives or dangerous fireworks or who has been convicted as a principal or accessory in a crime against property involving arson or any other fire-related offense contained in Chapter 1 (commencing with Section 447a) of Title 13 of Part 1 of the Penal Code. (Amended by Stats. 1979, Ch. 626.)
  166. 12608.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. )

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    The authority may deny a person the authority to perform certain acts if the person has been convicted of a felony.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 2. Issuance, Revocation and Renewal [12580 - 12608] ( Article 2 added by Stats. 1973, Ch. 1109. ) ## 12608. The authority to perform those acts conferred upon the employee of a licensee as provided for in Section 12583 may be denied to any person who has been convicted of a felony. (Amended by Stats. 1979, Ch. 626.)
  167. 1261.

    ## 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. )

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    A health facility must let certain family members of a patient’s domestic partner visit, unless an exception applies. It may also set reasonable visitation limits.

    ## 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. ) ## 1261. (a) A health facility shall allow a patient’s domestic partner, the children of the patient’s domestic partner, and the domestic partner of the patient’s parent or child to visit, unless one of the following is met: (1) No visitors are allowed. (2) The facility reasonably determines that the presence of a particular visitor would endanger the health or safety of a patient, member of the health facility staff, or other visitor to the health facility, or would significantly disrupt the operations of a facility. (3) The patient has indicated to health facility staff that the patient does not want this person to visit. (b) This section may not be construed to prohibit a health facility from otherwise establishing reasonable restrictions upon visitation, including restrictions upon the hours of visitation and number of visitors. (c) For purposes of this section, “domestic partner” has the same meaning as that term is used in Section 297 of the Family Code. (Added by Stats. 1999, Ch. 588, Sec. 4. Effective January 1, 2000.)
  168. 1261.1.

    ## 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. )

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    A general acute care hospital must let patients with disabilities or cognitive impairment have a family or friend caregiver with them as needed, including outside normal visiting hours, unless listed safety or care exceptions apply.

    ## 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. ) ## 1261.1. (a) (1) A general acute care hospital, as defined in subdivision (a) of Section 1250, shall allow a patient with physical, intellectual, or developmental disabilities, a patient with cognitive impairment, including dementia, and a patient with another disability, as necessary to allow the patient to fully and equally benefit from any goods, services, or facilities offered by the hospital, to have a family or friend caregiver with them as needed, including outside standard visiting hours, unless any of the following conditions apply: (A) The hospital reasonably determines that the presence of a particular visitor would endanger the health or safety of the visitor, a patient, a member of the staff, or other visitor to the hospital, or would significantly disrupt the operations of the hospital. (B) This section does not require a hospital to permit a visitor who is violent or potentially violent to enter the facility or visit a patient. (C) The delivery of medical care would be impeded by the presence of the family or friend caregiver. (2) It is the intent of the Legislature that this subdivision ensures liberal visitation rights for patients with disabilities or cognitive impairment while at the same time recognizing hospitals’ obligations to provide a safe environment for patients, staff, and visitors. (b) This section does not prohibit a hospital from otherwise establishing reasonable restrictions upon visitation, including age of visitors, supervision of minor visitors, and number of visitors. (c) The hospital may impose legitimate health and safety requirements on visitors, including, but not limited to, requiring masking, excluding sick visitors, limiting access to certain areas of the facility, and prohibiting the visitor from bringing in prohibited items. (d) If circumstances require restricted visitor access, the hospital shall allow visitation by family members or caregivers to the greatest extent possible to allow the patient to fully and equally benefit from any goods, services, or facilities offered by the hospital while maintaining patient, visitor, and staff health and safety. (e) This section does not prohibit restrictions to visitation policies implemented during a state of emergency declared by the Governor, a health emergency declared by the State Public Health Officer, or a local health emergency declared by a local health officer to limit contact with patients or staff at a general acute care hospital in order to prevent or limit the spread of a contagious, infectious, or communicable disease. (f) This section does not create any new civil or criminal liability, including, but not limited to, liability for any illness, infection, or injury experienced by a patient or visitor on the part of a hospital that complies with its requirements. (Added by Stats. 2025, Ch. 172, Sec. 1. (AB 960) Effective January 1, 2026.)
  169. 1261.3.

    ## 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. )

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    A registered nurse or licensed pharmacist may give influenza and pneumococcal vaccines to a patient aged 50 or older in a skilled nursing facility if the facility’s standing orders are approved and meet public health recommendations.

    ## 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. ) ## 1261.3. (a) Notwithstanding any other provision of law, for a patient aged 50 years or older, a registered nurse or licensed pharmacist may administer in a skilled nursing facility, as defined in subdivision (c) of Section 1250, influenza and pneumococcal immunizations pursuant to standing orders and without patient-specific orders if all of the following criteria are met: (1) The skilled nursing facility medical director, as defined in Section 72305 of Title 22 of the California Code of Regulations, has approved the immunization standing orders established by the facility. (2) The standing orders meet the recommendations adopted by the State Department of Public Health pursuant to Section 120164. (b) Nothing in this section amends, alters, or restricts the scope of registered nurse practice including, but not limited to, the scope of practice set forth in Article 2 (commencing with Section 2725) of Chapter 6 of Division 2 of the Business and Professions Code, the implementing regulations, and interpretative bulletins or practice advisories issued by the Board of Registered Nursing. (Amended by Stats. 2025, Ch. 105, Sec. 14. (AB 144) Effective September 17, 2025.)
  170. 1261.4.

    ## 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. )

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    Skilled nursing facilities must not hire a medical director who lacks the required certification, must report medical director information to the department, and must use a qualified physician for facilities operated as part of an acute care 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. ) ## 1261.4. (a) (1) A skilled nursing facility shall not contract with a person as a medical director if the person is not, or will not be within five years of the date of initial hire as the facility’s medical director, certified by the American Board of Post-Acute and Long-Term Care Medicine, or an equivalent organization as determined by the department, as a Certified Medical Director, except as set forth in paragraph (2). (2) A medical director already employed in a skilled nursing facility as of January 1, 2022, shall have until January 1, 2027, to become a Certified Medical Director pursuant to this section. (b) A skilled nursing facility shall submit to the department all of the following information on the medical director on an initial application: (1) An HS 215A form or its successor form. (2) A résumé. (3) Whether its medical director is certified as a Certified Medical Director according to the requirements established by the American Board of Post-Acute and Long-Term Care Medicine or an equivalent organization as determined by the department. (4) If the medical director is not yet certified, the expected date of certification. (c) A skilled nursing facility shall notify the department of any changes in its medical director by submitting an HS 215A form or its successor form, a résumé, and proof of certification or progress toward certification for its medical director within 10 calendar days of those changes. (d) All skilled nursing facilities shall report to the department the name and certification status of the facility’s medical director by submitting an HS 215A form or its successor form, a résumé, and proof of certification or progress toward certification for its medical director no later than June 30, 2022. (e) (1) Subdivisions (a) through (d), inclusive, do not apply to a skilled nursing facility that is operated as a distinct part of an acute care hospital. (2) A skilled nursing facility that is operated as a distinct part of an acute care hospital shall designate a qualified physician as a medical director who is responsible for standards, coordination, surveillance, and planning for improvement of medical care in the facility. (3) For purposes of paragraph (2), “qualified physician” means either of the following: (A) The physician is certified, or pursuing certification, by the American Board of Post-Acute and Long-Term Care Medicine as a Certified Medical Director. (B) The physician is board certified in a medical specialty consistent with the type of care provided in the skilled nursing facility, including, but not limited to, physical medicine and rehabilitation or pulmonology, and whose role as the medical director of the skilled nursing facility has been reviewed and approved by the hospital’s leadership. (f) This section shall remain in effect only until January 1, 2032, and as of that date is repealed. (Added by Stats. 2021, Ch. 586, Sec. 1. (AB 749) Effective January 1, 2022. Repealed as of January 1, 2032, by its own provisions.)
  171. 1261.5.

    ## 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. )

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    This section limits how many oral or suppository drugs a pharmacy may provide for a health facility’s secured emergency supplies container, and sets tighter limits for psychotherapeutic drugs.

    ## 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. ) ## 1261.5. (a) The number of oral dosage form or suppository form drugs provided by a pharmacy to a health facility licensed pursuant to subdivision (c) or (d), or both subdivisions (c) and (d), of Section 1250 of this code for storage in a secured emergency supplies container, pursuant to Section 4119 of the Business and Professions Code, shall be limited to 48. The State Department of Public Health may limit the number of doses of each drug available to not more than 16 doses of any separate drug dosage form in each emergency supply. (b) Not more than four of the 48 oral form or suppository form drugs secured for storage in the emergency supplies container shall be psychotherapeutic drugs, except that the department may grant a program flexibility request to the facility to increase the number of psychotherapeutic drugs in the emergency supplies container to not more than 10 if the facility can demonstrate the necessity for an increased number of drugs based on the needs of the patient population at the facility. In addition, the four oral form or suppository form psychotherapeutic drug limit shall not apply to a special treatment program service unit distinct part, as defined in Section 1276.9. The department shall limit the number of doses of psychotherapeutic drugs available to not more than four doses in each emergency supply. Nothing in this section shall alter or diminish informed consent requirements, including, but not limited to, the requirements of Section 1418.9. (c) Any limitations established pursuant to subdivisions (a) and (b) on the number and quantity of oral dosage or suppository form drugs provided by a pharmacy to a health facility licensed pursuant to subdivision (c) or (d), or both subdivisions (c) and (d), of Section 1250 for storage in a secured emergency supplies container shall not apply to an automated drug delivery system, as defined in Section 1261.6, when a pharmacist controls access to the drugs. (Amended by Stats. 2010, Ch. 328, Sec. 111. (SB 1330) Effective January 1, 2011.)
  172. 1261.6.

    ## 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. )

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    This section sets rules for automated drug delivery systems in health facilities, including recordkeeping, access limits, pharmacist review, stocking, and monthly review requirements.

    ## 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. ) ## 1261.6. (a) (1) For purposes of this section and Section 1261.5, an “automated drug delivery system” means a mechanical system that performs operations or activities, other than compounding or administration, relative to the storage, dispensing, or distribution of drugs. An automated drug delivery system shall collect, control, and maintain all transaction information to accurately track the movement of drugs into and out of the system for security, accuracy, and accountability. For purposes of this section, an automated drug delivery system shall include an automated unit dose system, as defined in subdivision (b) of Section 4017.3 of the Business and Professions Code. (2) For purposes of this section, “facility” means a health facility licensed pursuant to subdivision (c), (d), (k), or (n) of Section 1250 that has an automated drug delivery system provided by a pharmacy. (3) For purposes of this section, “pharmacy services” means the provision of both routine and emergency drugs and biologicals to meet the needs of the patient, as prescribed by a physician. (b) Transaction information shall be made readily available in a written format for review and inspection by individuals authorized by law. These records shall be maintained in the facility for a minimum of three years. (c) Individualized and specific access to automated drug delivery systems shall be limited to facility and contract personnel authorized by law to administer drugs. (d) (1) The facility and the pharmacy shall develop and implement written policies and procedures to ensure safety, accuracy, accountability, security, patient confidentiality, and maintenance of the quality, potency, and purity of stored drugs. Policies and procedures shall define access to the automated drug delivery system and limits to access to equipment and drugs. (2) All policies and procedures shall be maintained at the pharmacy operating the automated drug delivery system and the location where the automated drug delivery system is being used. (e) When used as an emergency pharmaceutical supplies container, drugs removed from the automated drug delivery system shall be limited to the following: (1) A new drug order given by a prescriber for a patient of the facility for administration prior to the next scheduled delivery from the pharmacy, or 72 hours, whichever is less. The drugs shall be retrieved only upon authorization by a pharmacist and after the pharmacist has reviewed the prescriber’s order and the patient’s profile for potential contraindications and adverse drug reactions. (2) Drugs that a prescriber has ordered for a patient on an as-needed basis, if the utilization and retrieval of those drugs are subject to ongoing review by a pharmacist. (3) Drugs designed by the patient care policy committee or pharmaceutical service committee of the facility as emergency drugs or acute onset drugs. These drugs may be retrieved from an automated drug delivery system pursuant to the order of a prescriber for emergency or immediate administration to a patient of the facility. Within 48 hours after retrieval under this paragraph, the case shall be reviewed by a pharmacist. (f) When used to provide pharmacy services pursuant to Section 4017.3 of, and Article 25 (commencing with Section 4427) of Chapter 9 of Division 2 of, the Business and Professions Code, the automated drug delivery system shall be subject to all of the following requirements: (1) Drugs removed from the automated drug delivery system for administration to a patient shall be in properly labeled units of administration containers or packages. (2) A pharmacist shall review and approve all orders prior to a drug being removed from the automated drug delivery system for administration to a patient. The pharmacist shall review the prescriber’s order and the patient’s profile for potential contraindications and adverse drug reactions. (3) The pharmacy providing services to the facility pursuant to Article 25 (commencing with Section 4427) of Chapter 9 of Division 2 of the Business and Professions Code shall control access to the drugs stored in the automated drug delivery system. (4) Access to the automated drug delivery system shall be controlled and tracked using an identification or password system or biosensor. (5) The automated drug delivery system shall make a complete and accurate record of all transactions that will include all users accessing the system and all drugs added to, or removed from, the system. (6) After the pharmacist reviews the prescriber’s order, access by licensed personnel to the automated drug delivery system shall be limited only to drugs ordered by the prescriber and reviewed by the pharmacist and that are specific to the patient. When the prescriber’s order requires a dosage variation of the same drug, licensed personnel shall have access to the drug ordered for that scheduled time of administration. (7) (A) Systems that allow licensed personnel to have access to multiple drugs and are not patient specific in their design, shall be allowed under this subdivision if those systems have electronic and mechanical safeguards in place to ensure that the drugs delivered to the patient are specific to that patient. Each facility using such an automated drug delivery system shall notify the department in writing prior to the utilization of the system. The notification submitted to the department pursuant to this paragraph shall include, but is not limited to, information regarding system design, personnel with system access, and policies and procedures covering staff training, storage, and security, and the facility’s administration of these types of systems. (B) As part of its routine oversight of these facilities, the department shall review a facility’s medication training, storage, and security, and its administration procedures related to its use of an automated drug delivery system to ensure that adequate staff training and safeguards are in place to make sure that the drugs delivered are appropriate for the patient. If the department determines that a facility is not in compliance with this section, the department may revoke its authorization to use automated drug delivery systems granted under subparagraph (A). (g) The stocking of an automated drug delivery system shall be performed by a pharmacist. If the automated drug delivery system utilizes removable pockets, cards, drawers, similar technology, or unit of use or single dose containers as defined by the United States Pharmacopoeia, the stocking system may be done outside of the facility and be delivered to the facility if all of the following conditions are met: (1) The task of placing drugs into the removable pockets, cards, drawers, or unit of use or single dose containers is performed by a pharmacist, or by an intern pharmacist or a pharmacy technician working under the direct supervision of a pharmacist. (2) The removable pockets, cards, drawers, or unit of use or single dose containers are transported between the pharmacy and the facility in a secure tamper-evident container. (3) The facility, in conjunction with the pharmacy, has developed policies and procedures to ensure that the removable pockets, cards, drawers, or unit of use or single dose containers are properly placed into the automated drug delivery system. (h) Review of the drugs contained within, and the operation and maintenance of, the automated drug delivery system shall be done in accordance with law and shall be the responsibility of the pharmacy. The review shall be conducted on a monthly basis by a pharmacist and shall include a physical inspection of the drugs in the automated drug delivery system, an inspection of the automated drug delivery system machine for cleanliness, and a review of all transaction records in order to verify the security and accountability of the system. (i) Drugs dispensed from an automated drug delivery system that meets the requirements of this section shall not be subject to the labeling requirements of Section 4076 of the Business and Professions Code or Section 111480 of this code if the drugs to be placed into the automated drug delivery system are in unit dose packaging or unit of use and if the information required by Section 4076 of the Business and Professions Code and Section 111480 of this code is readily available at the time of drug administration. For purposes of this section, unit dose packaging includes blister pack cards. (j) This section shall become operative on July 1, 2019. (Amended by Stats. 2022, Ch. 111, Sec. 1. (AB 1852) Effective January 1, 2023.)
  173. 12610.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 3. Insurance [12610 - 12611] ( Article 3 added by Stats. 1973, Ch. 1109. )

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    Applicants for a public display license must provide the State Fire Marshal with public liability and property damage insurance.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 3. Insurance [12610 - 12611] ( Article 3 added by Stats. 1973, Ch. 1109. ) ## 12610. Notwithstanding any of the provisions of the law which may require a certificate of insurance as a condition for a permit to hold a general, special, or limited public display, any person, firm, or corporation applying for a public display license shall furnish to the State Fire Marshal a policy of public liability and property damage insurance, with limits, as determined by the State Fire Marshal, which are reasonably necessary to cover possible liability for damage to property and bodily injury or damage to persons which may result from, or be caused by, the public display of fireworks, or any negligence on the part of the licensee or his or her or its agents, servants, employees, or subcontractors presenting the public display. (Amended by Stats. 1985, Ch. 622, Sec. 3. Became operative upon adoption of regulations, as prescribed by Sec. 4 of Ch. 622.)
  174. 12611.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 3. Insurance [12610 - 12611] ( Article 3 added by Stats. 1973, Ch. 1109. )

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    A certificate of insurance for this public display must include set terms, including 15 days’ prior written notice to the State Fire Marshal before the insurer cancels coverage.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 3. Insurance [12610 - 12611] ( Article 3 added by Stats. 1973, Ch. 1109. ) ## 12611. The certificate of insurance shall provide all of the following: (a) That the insurer will not cancel the insured’s coverage without 15 days’ prior written notice to the State Fire Marshal. (b) That the duly licensed pyrotechnic operator required by law to supervise and discharge the public display, acting either as an employee of the insured or as an independent contractor and the State of California, its officers, agents, employees, and servants are included as additional insureds, but only insofar as any operations under contract are concerned. (c) That the state shall not be responsible for any premium or assessments on the policy. (Added by Stats. 1973, Ch. 1109.)
  175. 12615.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 4. Reports [12615 - 12620] ( Article 4 added by Stats. 1973, Ch. 1109. )

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    All licensees except retailers must keep detailed, accurate fireworks records and make them available to 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 4. Reports [12615 - 12620] ( Article 4 added by Stats. 1973, Ch. 1109. ) ## 12615. All licensees, except retailers, shall maintain and make available to the State Fire Marshal full and complete, true, and accurate records showing all production, imports, exports, purchases, sales, or other disposition or consumption of fireworks by kind and class whether dangerous, safe and sane, or agricultural and wildlife fireworks. (Added by Stats. 1973, Ch. 1109.)
  176. 12616.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 4. Reports [12615 - 12620] ( Article 4 added by Stats. 1973, Ch. 1109. )

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    Licensees must report any theft or loss of fireworks to the State Fire Marshal within 24 hours after discovering it.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 4. Reports [12615 - 12620] ( Article 4 added by Stats. 1973, Ch. 1109. ) ## 12616. The licensees shall report any theft or loss of fireworks to the State Fire Marshal within 24 hours after the discovery of theft or loss. The report shall show the quantity, type and kind, classification of fireworks and the location where the loss occurred. (Added by Stats. 1973, Ch. 1109.)
  177. 12617.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 4. Reports [12615 - 12620] ( Article 4 added by Stats. 1973, Ch. 1109. )

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    If fireworks or pyrotechnic devices are stolen or lost, the State Fire Marshal must notify the local fire authorities, and those authorities must cooperate in a joint investigation.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 4. Reports [12615 - 12620] ( Article 4 added by Stats. 1973, Ch. 1109. ) ## 12617. In the event of the theft or loss of any fireworks or pyrotechnic devices, the State Fire Marshal shall notify the fire authorities in the location where the theft or loss occurred and the fire authorities shall cooperate with the State Fire Marshal in conducting a joint investigation of the circumstances. (Added by Stats. 1973, Ch. 1109.)
  178. 12618.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 4. Reports [12615 - 12620] ( Article 4 added by Stats. 1973, Ch. 1109. )

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    Shipping documents for fireworks sales must show the license numbers of both sides of the transaction.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 4. Reports [12615 - 12620] ( Article 4 added by Stats. 1973, Ch. 1109. ) ## 12618. Each bill of lading, manifest, and invoice issued to cover the sale and shipment of fireworks shall bear the license number of both the seller or shipper and buyer or receiver. (Added by Stats. 1973, Ch. 1109.)
  179. 12619.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 4. Reports [12615 - 12620] ( Article 4 added by Stats. 1973, Ch. 1109. )

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    Import and export licensees must give the State Fire Marshal notice before fireworks arrive.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 4. Reports [12615 - 12620] ( Article 4 added by Stats. 1973, Ch. 1109. ) ## 12619. All import and export licensees shall file a notice with the State Fire Marshal prior to the arrival of any class of fireworks subject to the license he holds. The notice shall state all of the following: (a) Estimated date of arrival. (b) Type, kind, and quantity of fireworks. (c) Name of carrier. (d) Point of origin and bill of lading number. (e) Name and address of consignee. (f) Load number or other identification carton marks. (Added by Stats. 1973, Ch. 1109.)
  180. 1262.

    ## 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. )

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    Covered mental health facilities must give a written aftercare plan before discharge and include specified information, unless it is not known.

    ## 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. ) ## 1262. (a) When a mental health patient is being discharged from one of the facilities specified in subdivision (c), the patient and the patient’s conservator, guardian, or other legally authorized representative, as applicable, shall be given a written aftercare plan prior to the patient’s discharge from the facility. The written aftercare plan shall include, to the extent known, all of the following components: (1) The nature of the illness and followup required. (2) Medications including side effects and dosage schedules. If the patient was given an informed consent form with their medications, the form shall satisfy the requirement for information on side effects of the medications. (3) Expected course of recovery. (4) Recommendations regarding treatment that are relevant to the patient’s care. (5) Referrals to providers of medical and mental health services. (6) Other relevant information. (b) The patient shall be advised by facility personnel that they may designate another person to receive a copy of the aftercare plan. A copy of the aftercare plan shall be given to any person designated by the patient. (c) Subdivision (a) applies to all of the following facilities: (1) A state mental hospital. (2) A general acute care hospital as described in subdivision (a) of Section 1250. (3) An acute psychiatric hospital as described in subdivision (b) of Section 1250. (4) A psychiatric health facility as described in Section 1250.2. (5) A mental health rehabilitation center as described in Section 5675 of the Welfare and Institutions Code. (6) A skilled nursing facility with a special treatment program, as described in Section 51335 and Sections 72443 to 72475, inclusive, of Title 22 of the California Code of Regulations. (7) A psychiatric residential treatment facility as described in Section 1250.10. (d) For purposes of this section, “mental health patient” means a person who is admitted to the facility primarily for the diagnosis or treatment of a mental disorder. (Amended by Stats. 2022, Ch. 589, Sec. 5. (AB 2317) Effective January 1, 2023.)
  181. 1262.4.

    ## 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. )

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    Hospitals may not move homeless patients from one county to another for supportive services unless they first notify and get authorization from the receiving provider or agency.

    ## 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. ) ## 1262.4. (a) No hospital, as defined in subdivisions (a), (b), and (f) of Section 1250, may cause the transfer of homeless patients from one county to another county for the purpose of receiving supportive services from a social services agency, health care service provider, or nonprofit social services provider within the other county, without prior notification to, and authorization from, the social services agency, health care service provider, or nonprofit social services provider. (b) For purposes of this section, “homeless patient” means an individual who lacks a fixed and regular nighttime residence, or who has a primary nighttime residence that is a supervised publicly or privately operated shelter designed to provide temporary living accommodations, or who is residing in a public or private place that was not designed to provide temporary living accommodations or to be used as a sleeping accommodation for human beings. (Amended by Stats. 2007, Ch. 130, Sec. 152. Effective January 1, 2008.)
  182. 1262.5.

    ## 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. )

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    Hospitals must maintain discharge planning policies and processes, including caregiver notification, patient information, and homeless patient discharge planning.

    ## 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. ) ## 1262.5. (a) Each hospital shall have a written discharge planning policy and process. (b) The policy required by subdivision (a) shall require that appropriate arrangements for posthospital care, including, but not limited to, care at home, in a skilled nursing or intermediate care facility, or from a hospice, are made prior to discharge for those patients who are likely to suffer adverse health consequences upon discharge if there is no adequate discharge planning. If the hospital determines that the patient and family members or interested persons need to be counseled to prepare them for posthospital care, the hospital shall provide for that counseling. (c) As part of the discharge planning process, the hospital shall provide each patient who has been admitted to the hospital as an inpatient with an opportunity to identify one family caregiver who may assist in posthospital care, and shall record this information in the patient’s medical chart. (1) In the event that the patient is unconscious or otherwise incapacitated upon admittance to the hospital, the hospital shall provide the patient or patient’s legal guardian with an opportunity to designate a caregiver within a specified time period, at the discretion of the attending physician, following the patient’s recovery of consciousness or capacity. The hospital shall promptly document the attempt in the patient’s medical record. (2) In the event that the patient or legal guardian declines to designate a caregiver pursuant to this section, the hospital shall promptly document this declination in the patient’s medical record, when appropriate. (d) The policy required by subdivision (a) shall require that the patient’s designated family caregiver be notified of the patient’s discharge or transfer to another facility as soon as possible and, in any event, upon issuance of a discharge order by the patient’s attending physician. If the hospital is unable to contact the designated caregiver, the lack of contact shall not interfere with, delay, or otherwise affect the medical care provided to the patient or an appropriate discharge of the patient. The hospital shall promptly document the attempted notification in the patient’s medical record. (e) The process required by subdivision (a) shall require that the patient and family caregiver be informed of the continuing health care requirements following discharge from the hospital. The right to information regarding continuing health care requirements following discharge shall also apply to the person who has legal responsibility to make decisions regarding medical care on behalf of the patient, if the patient is unable to make those decisions for himself or herself. The hospital shall provide an opportunity for the patient and his or her designated family caregiver to engage in the discharge planning process, which shall include providing information and, when appropriate, instruction regarding the posthospital care needs of the patient. This information shall include, but is not limited to, education and counseling about the patient’s medications, including dosing and proper use of medication delivery devices, when applicable. The information shall be provided in a culturally competent manner and in a language that is comprehensible to the patient and caregiver, consistent with the requirements of state and federal law, and shall include an opportunity for the caregiver to ask questions about the posthospital care needs of the patient. (f) (1) A transfer summary shall accompany the patient upon transfer to a skilled nursing or intermediate care facility or to the distinct part-skilled nursing or intermediate care service unit of the hospital. The transfer summary shall include essential information relative to the patient’s diagnosis, hospital course, pain treatment and management, medications, treatments, dietary requirement, rehabilitation potential, known allergies, and treatment plan, and shall be signed by the physician. (2) A copy of the transfer summary shall be given to the patient and the patient’s legal representative, if any, prior to transfer to a skilled nursing or intermediate care facility. (g) A hospital shall establish and implement a written policy to ensure that each patient receives, at the time of discharge, information regarding each medication dispensed, pursuant to Section 4074 of the Business and Professions Code. (h) A hospital shall provide every patient anticipated to be in need of long-term care at the time of discharge with contact information for at least one public or nonprofit agency or organization dedicated to providing information or referral services relating to community-based long-term care options in the patient’s county of residence and appropriate to the needs and characteristics of the patient. At a minimum, this information shall include contact information for the area agency on aging serving the patient’s county of residence, local independent living centers, or other information appropriate to the needs and characteristics of the patient. (i) A contract between a general acute care hospital and a health care service plan that is issued, amended, renewed, or delivered on or after January 1, 2002, shall not contain a provision that prohibits or restricts any health care facility’s compliance with the requirements of this section. (j) Discharge planning policies adopted by a hospital in accordance with this section shall ensure that planning is appropriate to the condition of the patient being discharged from the hospital and to the discharge destination and meets the needs and acuity of patients. (k) This section does not require a hospital to do any of the following: (1) Adopt a policy that would delay discharge or transfer of a patient. (2) Disclose information if the patient has not provided consent that meets the standards required by state and federal laws governing the privacy and security of protected health information. (3) Comply with the requirements of this section in an area of the hospital where clinical care is provided, unless medically indicated. (l) This section does not supersede or modify any privacy and information security requirements and protections in federal and state law regarding protected health information or personally identifiable information, including, but not limited to, the federal Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 300gg). (m) For the purposes of this section, “family caregiver” means a relative, friend, or neighbor who provides assistance related to an underlying physical or mental disability but who is unpaid for those services. (n) (1) Each hospital, as defined in subdivisions (a), (b), and (f) of Section 1250, shall include within its hospital discharge policy a written homeless patient discharge planning policy and process. (2) The policy shall require a hospital to inquire about a patient’s housing status during the discharge planning process. Housing status may not be used to discriminate against a patient or prevent medically necessary care or hospital admission. (3) The policy shall require an individual discharge plan for a homeless patient that helps prepare the homeless patient for return to the community by connecting him or her with available community resources, treatment, shelter, and other supportive services. The discharge planning shall be guided by the best interests of the homeless patient, his or her physical and mental condition, and the homeless patient’s preferences for placement. The homeless patient shall be informed of available placement options. (4) Unless the homeless patient is being transferred to another licensed health facility, the policy shall require the hospital to identify a postdischarge destination for the homeless patient as follows, with priority given to identifying a sheltered destination with supportive services: (A) A social services agency, nonprofit social services provider, or governmental service provider that has agreed to accept the homeless patient, if he or she has agreed to the placement. Notwithstanding paragraph (2) of subdivision (k) and subdivision (l), the hospital shall provide potential receiving agencies or providers written or electronic information about the homeless patient’s known posthospital health and behavioral health care needs and shall document the name of the person at the agency or provider who agreed to accept the homeless patient. (B) The homeless patient’s residence. In the case of a homeless patient, “residence” for the purposes of this subparagraph means the location identified to the hospital by the homeless patient as his or her principal dwelling place. (C) An alternative destination, as indicated by the homeless patient pursuant to the discharge planning process described in paragraph (3). The hospital shall document the destination indicated by the homeless patient or his or her representative. (5) The policy shall require that information regarding discharge or transfer be provided to the homeless patient in a culturally competent manner and in a language that is understood by the homeless patient. (o) The hospital shall document all of the following prior to discharging a homeless patient: (1) The treating physician has determined the homeless patient’s clinical stability for discharge, including, but not limited to, an assessment as to whether the patient is alert and oriented to person, place, and time, and the physician or designee has communicated postdischarge medical needs to the homeless patient. (2) The homeless patient has been offered a meal, unless medically indicated otherwise. (3) If the homeless patient’s clothing is inadequate, the hospital shall offer the homeless patient weather-appropriate clothing. (4) The homeless patient has been referred to a source of followup care, if medically necessary. (5) The homeless patient has been provided with a prescription, if needed, and, for a hospital with an onsite pharmacy licensed and staffed to dispense outpatient medication, an appropriate supply of all necessary medication, if available. (6) The homeless patient has been offered or referred to screening for infectious disease common to the region, as determined by the local health department. (7) The homeless patient has been offered vaccinations appropriate to the homeless patient’s presenting medical condition. (8) The treating physician has provided a medical screening examination and evaluation. If the treating physician determines that the results of the medical screening examination and evaluation indicate that followup behavioral health care is needed, the homeless patient shall be treated or referred to an appropriate provider. The hospital shall make a good faith effort to contact one of the following, if applicable: (A) The homeless patient’s health plan, if the homeless patient is enrolled in a health plan. (B) The homeless patient’s primary care provider, if the patient has identified one. (C) Another appropriate provider, including, but not limited to, the coordinated entry system. (9) The homeless patient has been screened for, and provided assistance to enroll in, any affordable health insurance coverage for which he or she is eligible. (10) The hospital has offered the homeless patient transportation after discharge to the destination identified in paragraph (4) of subdivision (n), if that destination is within a maximum travel time of 30 minutes or a maximum travel distance of 30 miles of the hospital. This requirement shall not be construed to prevent a hospital from offering transportation to a more distant destination. (p) A hospital shall develop a written plan for coordinating services and referrals for homeless patients with the county behavioral health agency, health care and social services agencies in the region, health care providers, and nonprofit social services providers, as available, to assist with ensuring appropriate homeless patient discharge. The plan shall be updated annually and shall include all of the following: (1) A list of local homeless shelters, including their hours of operation, admission procedures and requirements, client population served, and general scope of medical and behavioral health services available. (2) The hospital’s procedures for homeless patient discharge referrals to shelter, medical care, and behavioral health care. (3) The contact information for the homeless shelter’s intake coordinator. (4) Training protocols for discharge planning staff. (q) Each hospital shall maintain a log of homeless patients discharged and the destinations to which they were released after discharge pursuant to paragraph (10) of subdivision (o), if any. The hospital shall maintain evidence of completion of the homeless patient discharge protocol in the log or in the patient’s medical record. (r) For purposes of this section, “homeless patient” has the same meaning as provided in Section 1262.4. (s) It is the intent of the Legislature that nothing in this section shall be construed to preempt, limit, prohibit, or otherwise affect, the adoption, implementation, or enforcement of local ordinances, codes, regulations, or orders related to the homeless patient discharge processes, except to the extent that any such provision of law is inconsistent with the provisions of this section, and then only to the extent of the inconsistency. A local ordinance, code, regulation, or order is not deemed inconsistent with this section if it affords greater protection to homeless patients than the requirements set forth in this section. Where local ordinances, codes, regulations, or orders duplicate or supplement this section, this section shall be construed as providing alternative remedies and shall not be construed to preempt the field. (t) Nothing in this section alters the health and social service obligations described in Section 17000 of the Welfare and Institutions Code. (u) Subdivisions (n) to (t), inclusive, do not apply to the state hospitals under the jurisdiction of the State Department of State Hospitals, as specified in Sections 4100 and 7200 of the Welfare and Institutions Code. (v) This section shall become operative on July 1, 2019. (Repealed and added by Stats. 2018, Ch. 981, Sec. 2. (SB 1152) Effective January 1, 2019. Section operative July 1, 2019, by its own provisions.)
  183. 1262.6.

    ## 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. )

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    Hospitals must give each patient written notice of specified patient rights at admission or soon after, and may combine it with other patient-rights notices.

    ## 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. ) ## 1262.6. (a) Each hospital shall provide each patient, upon admission or as soon thereafter as reasonably practical, written information regarding the patient’s right to the following: (1) To be informed of continuing health care requirements following discharge from the hospital. (2) To be informed that, if the patient so authorizes, that a friend or family member may be provided information about the patient’s continuing health care requirements following discharge from the hospital. (3) Participate actively in decisions regarding medical care. To the extent permitted by law, participation shall include the right to refuse treatment. (4) Appropriate pain assessment and treatment consistent with Sections 124960 and 124961. (5) To be free of discrimination on the basis of race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, citizenship, primary language, or immigration status as set forth in Section 51 of the Civil Code. (6) Information on how to file a complaint with the following: (A) The State Department of Public Health, in accordance with Section 1288.4. (B) The Civil Rights Department. (C) The Medical Board of California. (b) A hospital may include the information required by this section with other notices to the patient regarding patient rights. If a hospital chooses to include this information along with existing notices to the patient regarding patient rights, any newly required information shall be provided when the hospital exhausts its existing inventory of written materials and prints new written materials. (Amended by Stats. 2022, Ch. 48, Sec. 55. (SB 189) Effective June 30, 2022.)
  184. 1262.7.

    ## 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. )

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    A skilled nursing facility may admit a patient only with a physician’s order and only if it can provide necessary care. Its administrator or designee must screen admissions and conduct preadmission interviews as appropriate.

    ## 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. ) ## 1262.7. (a) A skilled nursing facility, as defined in subdivision (c) of Section 1250, shall admit a patient only upon a physician’s order and only if the facility is able to provide necessary care for the patient. (b) The administrator or designee of a skilled nursing facility shall be responsible for screening patients for admission to the facility to ensure that the facility admits only those patients for whom it can provide necessary care. The administrator, or his or her designee, shall conduct preadmission personal interviews as appropriate with the patient’s physician, the patient, the patient’s next of kin or sponsor, or the representative of the facility from which the patient is being transferred. A telephone interview may be conducted when a personal interview is not feasible. (Added by Stats. 2001, Ch. 691, Sec. 4. Effective January 1, 2002.)
  185. 1262.8.

    ## 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. )

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    Noncontracting hospitals generally may not bill enrollee patients for poststabilization care except certain patient cost-sharing, and they must follow notice, contact, and transfer-related steps before and after providing that care.

    ## 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. ) ## 1262.8. (a) A noncontracting hospital shall not bill a patient who is an enrollee of a health care service plan for poststabilization care, except for applicable copayments, coinsurance, and deductibles, unless one of the following conditions are met: (1) The patient or the patient’s spouse or legal guardian refuses to consent, pursuant to subdivision (f), for the patient to be transferred to the contracting hospital as requested and arranged for by the patient’s health care service plan. (2) The hospital is unable to obtain the name and contact information of the patient’s health care service plan as provided in subdivision (c). (b) If a patient with an emergency medical condition, as defined by Section 1317.1, is covered by a health care service plan that requires prior authorization for poststabilization care, a noncontracting hospital, except as provided in subdivision (n), shall, prior to providing poststabilization care, do all of the following once the emergency medical condition has been stabilized, as defined by Section 1317.1: (1) Seek to obtain the name and contact information of the patient’s health care service plan. The hospital shall document its attempt to ascertain this information in the patient’s medical record, which shall include requesting the patient’s health care service plan member card or asking the patient, or a family member or other person accompanying the patient, if he or she can identify the patient’s health care service plan, or any other means known to the hospital for accurately identifying the patient’s health care service plan. (2) Contact the patient’s health care service plan, or the health plan’s contracting medical provider, for authorization to provide poststabilization care, if identification of the plan was obtained pursuant to paragraph (1). (A) The hospital shall make the contact described in this subparagraph by either following the instructions on the patient’s health care service plan member card or using the contact information provided by the patient’s health care service plan pursuant to subdivision (j) or (k). (B) A representative of the hospital shall not be required to make more than one telephone call to the health care service plan, or its contracting medical provider, provided that in all cases the health care service plan, or its contracting medical provider, shall be able to reach a representative of the hospital upon returning the call, should the plan, or its contracting medical provider, need to call back. The representative of the hospital who makes the telephone call may be, but is not required to be, a physician and surgeon. (3) Upon request of the patient’s health care service plan, or the health plan’s contracting medical provider, provide to the plan, or its contracting medical provider, the treating physician and surgeon’s diagnosis and any other relevant information reasonably necessary for the health care service plan or the plan’s contracting medical provider to make a decision to authorize poststabilization care or to assume management of the patient’s care by prompt transfer. (c) A noncontracting hospital that is not able to obtain the name and contact information of the patient’s health care service plan pursuant to subdivision (b) is not subject to the requirements of this section. (d) (1) A health care service plan, or its contracting medical provider, that is contacted by a noncontracting hospital pursuant to paragraph (2) of subdivision (b), shall, within 30 minutes from the time the noncontracting hospital makes the initial contact, do either of the following: (A) Authorize poststabilization care. (B) Inform the noncontracting hospital that it will arrange for the prompt transfer of the enrollee to another hospital. (2) If the health care service plan, or its contracting medical provider, does not notify the noncontracting hospital of its decision pursuant to paragraph (1) within 30 minutes, the poststabilization care shall be deemed authorized, and the health care service plan, or its contracting medical provider, shall pay charges for the care, in accordance with the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2) and any regulation adopted thereunder. (3) If the health care service plan, or its contracting medical provider, notified the noncontracting hospital that it would assume management of the patient’s care by prompt transfer, but either the health care service plan or its contracting medical provider fails to transfer the patient within a reasonable time, the poststabilization care shall be deemed authorized, and the health care service plan, or its contracting medical provider, shall pay charges, in accordance with the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code) and any regulation adopted thereunder, for the care until the enrollee is transferred. (4) If the health care service plan, or its contracting medical provider, provides authorization to the noncontracting hospital for specified poststabilization care and services, the health care service plan, or its contracting medical provider, shall be responsible to pay for that authorized care. (e) If a health care service plan, or its contracting medical provider, decides to assume management of the patient’s care by prompt transfer, the health care service plan, or its contracting medical provider, shall do all of the following: (1) Arrange and pay the reasonable charges associated with the transfer of the patient. (2) Pay for all of the immediately required medically necessary care rendered to the patient prior to the transfer in order to maintain the patient’s clinical stability. (3) Be responsible for making all arrangements for the patient’s transfer, including, but not limited to, finding a contracted facility available for the transfer of the patient. (f) (1) If the patient, or the patient’s spouse or legal guardian refuses to consent to the patient’s transfer under subdivision (e), the noncontracting hospital shall promptly provide a written notice to the patient or the patient’s spouse or legal guardian indicating that the patient will be financially responsible for any further poststabilization care provided by the hospital. (2) For patients whose primary language is one of the Medi-Cal threshold languages, the notice shall be delivered to them in their primary language. (3) The Department of Managed Health Care shall translate the notice required by this subdivision in all Medi-Cal threshold languages and make the translations available to the hospitals subject to this section. (4) The written notice provided pursuant to this subdivision shall include the following statement: THIS NOTICE MUST BE PROVIDED TO YOU UNDER CALIFORNIA LAW “You have received emergency care at a hospital that is not a part of your health plan’s provider network. Under state law, emergency care must be paid by your health plan no matter where you get that care. The doctor who is caring for you has decided that you may be safely moved to another hospital for the additional care you need. Because you no longer need emergency care, your health plan has not authorized further care at this hospital. Your health plan has arranged for you to be moved to a hospital that is in your health plan’s provider network. If you agree to be moved, your health plan will pay for your care at that hospital. You will only have to pay for your deductible, copayments, or coinsurance for care. You will not have to pay for your deductible, copayments, or coinsurance for transportation costs to another hospital that is covered by your health plan. IF YOU CHOOSE TO STAY AT THIS HOSPITAL FOR YOUR ADDITIONAL CARE, YOU WILL HAVE TO PAY THE FULL COST OF CARE NOW THAT YOU NO LONGER NEED EMERGENCY CARE. This cost may include the cost of the doctor or doctors, the hospital, and any laboratory, radiology, or other services that you receive. If you do not think you can be safely moved, talk to the doctor about your concerns. If you would like additional help, you may contact: Your health plan member services department. Look on your health plan member card for that phone number. You can file a grievance with your plan. The HMO Helpline at 888-HMO-2219. The HMO Helpline is available 24 hours a day, 7 days a week. The HMO Helpline can work with your health plan to address your concerns, but you may still have to pay the full cost of care at this hospital if you stay.” (5) The hospital shall give one copy of the written notice required by this subdivision to the patient, or the patient’s spouse or legal guardian, for signature and may retain a copy in the patient’s medical record. (6) The hospital shall ensure prompt delivery of the notice to the patient or his or her spouse or legal guardian. The hospital shall obtain signed acceptance of the written notice required by this subdivision, and signed acceptance of any other documents the hospital requires for any further poststabilization care, from the patient or the patient’s spouse or legal guardian, and shall provide the health care service plan, or its contracting medical provider, with confirmation of the patient’s, or his or her spouse or legal guardian’s, receipt of the written notice. (7) If the noncontracting hospital fails to meet the requirements of this subdivision, the hospital shall not bill the patient or the patient’s health care service plan, or its contracting medical provider, for poststabilization care provided to the patient. (8) If the patient, or the patient’s spouse or legal guardian, refuses to sign the notice, the noncontracting hospital shall document in the patient’s medical record that the notice was provided and signature was refused. Upon the patient’s refusal to sign, the patient shall assume financial responsibility for any further poststabilization care provided by the hospital. (9) The Department of Managed Health Care may, by regulation, modify the wording of the notice required under this subdivision for clarity, readability, and accuracy of the information provided. (10) The Department of Managed Health Care may, in conjunction with consumer groups, health care service plans, and hospitals, modify the wording of the notice to include language regarding Medicare beneficiaries, if appropriate under Medicare rules. The initial modification shall not be subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340, et. seq.) of Part 1 of Division 3 of Title 2 of the Government Code). (g) If poststabilization care has been authorized by the health care service plan, the noncontracting hospital shall request the patient’s medical record from the patient’s health care service plan or its contracting medical provider. (h) The health care service plan, or its contracting medical provider, shall, upon conferring with the noncontracting hospital, transmit any appropriate portion of the patient’s medical record, if the records are in the plan’s possession, via facsimile transmission or electronic mail, whichever method is requested by the noncontracting hospital’s representative or the noncontracting physician and surgeon. The health care service plan, or its contracting medical provider, shall transmit the patient’s medical record in a manner that complies with all legal requirements to protect the patient’s privacy. (i) A health care service plan, or its contracting medical provider, that requires prior authorization for poststabilization care shall provide 24-hour access for patients and providers, including noncontracting hospitals, to obtain timely authorization for medically necessary poststabilization care. (j) A health care service plan shall provide all noncontracting hospitals in the state with specific contact information needed to make the contact required by this section. The contact information provided to hospitals shall be updated as necessary, but no less than once a year. (k) In addition to meeting the requirements of subdivision (j), a health care service plan shall provide the contact information described in subdivision (j) to the Department of Managed Health Care. The contact information provided pursuant to this subdivision shall be updated as necessary, but no less than once a year. The receiving department shall post this contact information on its Internet Web site no later than January 1 of each calendar year. (l) This section shall only apply to a noncontracting hospital. (m) For purposes of this section, the following definitions shall apply: (1) “Health care service plan” means a health care service plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 that covers hospital, medical, or surgical expenses. (2) “Noncontracting hospital” means a general acute care hospital, as defined in subdivision (a) of Section 1250 or an acute psychiatric hospital, as defined in subdivision (b) of Section 1250, that does not have a written contract with the patient’s health care service plan to provide health care services to the patient. (3) “Poststabilization care” means medically necessary care provided after an emergency medical condition has been stabilized, as defined by subdivision (j) of Section 1317.1. (4) “Contracting medical provider” means a medical group, independent practice association, or any other similar organization that, pursuant to a signed written contract, has agreed to accept responsibility for provision or reimbursement of a noncontracting hospital for emergency and poststabilization services provided to a health plan’s enrollees. (n) Subdivisions (b) to (h), inclusive, shall not apply to minor treatment procedures, if all of the following apply: (1) The procedure is provided in the treatment area of the emergency department. (2) The procedure concludes the treatment of the presenting emergency medical condition of a patient and is related to that condition, even though the treatment may not resolve the underlying medical condition. (3) The procedure is performed according to accepted standards of practice. (4) The procedure would result in the direct discharge or release of the patient from the emergency department following this care. (o) Nothing in this section is intended to prevent a health care service plan or its contracting medical provider from assuming management of the patient’s care at any time after the initial provision of poststabilization care by the noncontracting hospital before the patient has been discharged. Upon the request of the health care service plan or its contracting medical provider, the noncontracting hospital shall provide the health care service plan or its contracting medical provider with any information specified in paragraph (3) of subdivision (b). (p) Nothing in this section shall authorize a provider of health care services to bill a Medi-Cal beneficiary enrolled in a Medi-Cal managed care plan or otherwise alter the provisions of subdivision (a) of Section 14019.3 of the Welfare and Institutions Code. (Repealed and added by Stats. 2008, Ch. 603, Sec. 2. Effective January 1, 2009.)
  186. 12620.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 4. Reports [12615 - 12620] ( Article 4 added by Stats. 1973, Ch. 1109. )

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    The State Fire Marshal may, by regulation, require licensees or permittees to file additional reports and set the form and verification for those reports.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 4. Reports [12615 - 12620] ( Article 4 added by Stats. 1973, Ch. 1109. ) ## 12620. In addition to the report required under this part, the State Fire Marshal may by regulation require such additional reports from licensees or permittees as are necessary to carry out the purposes of this part, and prescribe the form, including verification of the information to be given when filing such additional reports. (Added by Stats. 1973, Ch. 1109.)
  187. 1263.

    ## 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. )

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    Certain nursing assistants in skilled nursing or intermediate care facilities must complete dementia-specific training, and facilities must build and phase in the training program.

    ## 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. ) ## 1263. (a) This section shall be known and may be cited as the Dementia Training Standards Act of 2001. (b) (1) Any certified nurse assistant employed by a skilled nursing facility or intermediate care facility shall have completed at least two hours of initial dementia-specific training as part of the facility’s orientation program. The training shall be completed within the first 40 hours of employment. (2) The facility shall develop a dementia-specific training component within the existing orientation program, to be implemented no later than July 1, 2002. (3) The facility’s modified orientation program shall be reviewed by the department in a phasein schedule that begins no later than July 1, 2002, and is completed no later than July 1, 2005. (c) Any certified nursing assistant employed by a skilled nursing facility or intermediate care facility shall participate in a minimum of five hours of dementia-specific in-service training per year, as part of the facility’s in-service training. (d) Freestanding and hospital-based pediatric skilled nursing facilities with exclusively pediatric occupancy shall be exempt from the requirements set forth in this section. (Added by Stats. 2001, Ch. 339, Sec. 1. Effective January 1, 2002.)
  188. 12630.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 5. Fees [12630 - 12637] ( Article 5 added by Stats. 1973, Ch. 1109. )

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    The State Fire Marshal must set and collect original and annual renewal fees for fireworks licenses, and those fees cannot be more than what is needed to cover administration and enforcement costs.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 5. Fees [12630 - 12637] ( Article 5 added by Stats. 1973, Ch. 1109. ) ## 12630. The State Fire Marshal shall establish and collect the original and annual renewal fees for fireworks licenses required by this chapter. The fees shall not exceed the amount necessary to cover the costs incurred in the administration and enforcement of this part. (Repealed and added by Stats. 1983, Ch. 1313, Sec. 2.)
  189. 12631.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 5. Fees [12630 - 12637] ( Article 5 added by Stats. 1973, Ch. 1109. )

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    The State Fire Marshal establishes and collects the original and annual renewal license fee for licenses to manufacture, import, export, or wholesale agricultural and wildlife 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 5. Fees [12630 - 12637] ( Article 5 added by Stats. 1973, Ch. 1109. ) ## 12631. The original and annual renewal license fee to manufacture, import, export, or wholesale, or any combination thereof, agricultural and wildlife fireworks shall be established and collected by the State Fire Marshal. (Amended by Stats. 1983, Ch. 1313, Sec. 3.)
  190. 12632.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 5. Fees [12630 - 12637] ( Article 5 added by Stats. 1973, Ch. 1109. )

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    The State Fire Marshal must establish and collect the original and annual renewal license fee for model rocket motors 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 5. Fees [12630 - 12637] ( Article 5 added by Stats. 1973, Ch. 1109. ) ## 12632. The original and annual renewal license fee to manufacture, import, export, or wholesale, or any combination thereof, model rocket motors shall be established and collected by the State Fire Marshal. (Amended by Stats. 2015, Ch. 106, Sec. 5. (AB 467) Effective January 1, 2016.)
  191. 12633.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 5. Fees [12630 - 12637] ( Article 5 added by Stats. 1973, Ch. 1109. )

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    Registration applications for each model of emergency signaling device must be made to the State Fire Marshal, and a registration fee must accompany each application.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 5. Fees [12630 - 12637] ( Article 5 added by Stats. 1973, Ch. 1109. ) ## 12633. The original and annual renewal application for registration of each model of emergency signaling devices shall be made to the State Fire Marshal. A registration fee established and collected by the State Fire Marshal for each model of signaling device shall accompany each application. (Amended by Stats. 1990, Ch. 233, Sec. 2.)
  192. 12634.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 5. Fees [12630 - 12637] ( Article 5 added by Stats. 1973, Ch. 1109. )

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    A person already licensed for certain fireworks activities does not need a separate license for agricultural and wildlife fireworks or model rocket motors if the existing license already covers the activity.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 5. Fees [12630 - 12637] ( Article 5 added by Stats. 1973, Ch. 1109. ) ## 12634. When a license to manufacture, wholesale, or import and export fireworks has been issued pursuant to Section 12571, 12572, or 12573, respectively, a separate license for the same person to manufacture, wholesale, import, or export agricultural and wildlife fireworks or model rocket motors pursuant to Section 12631 or 12632 shall not be required where the license allows the activity with respect to other fireworks. (Amended by Stats. 2015, Ch. 106, Sec. 6. (AB 467) Effective January 1, 2016.)
  193. 12635.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 5. Fees [12630 - 12637] ( Article 5 added by Stats. 1973, Ch. 1109. )

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    Money collected under this part must be deposited into the State Fire Marshal Licensing and Certification Fund.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 5. Fees [12630 - 12637] ( Article 5 added by Stats. 1973, Ch. 1109. ) ## 12635. All of the moneys collected pursuant to this part shall be deposited in the State Fire Marshal Licensing and Certification Fund established pursuant to Section 13137 and shall be available, when appropriated by the Legislature, to the State Fire Marshal to carry out this part. (Amended by Stats. 1992, Ch. 306, Sec. 1. Effective January 1, 1993. Operative July 1, 1993, by Sec. 6 of Ch. 306.)
  194. 12635.5.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 5. Fees [12630 - 12637] ( Article 5 added by Stats. 1973, Ch. 1109. )

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    Certain local governments may require permit applicants to pay a fee covering a pro rata share of specified fireworks-related costs, but the share cannot exceed 7% of gross sales.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 5. Fees [12630 - 12637] ( Article 5 added by Stats. 1973, Ch. 1109. ) ## 12635.5. (a) A charter city, city, county, fire protection district, or city and county that adopts an ordinance or resolution pursuant to Section 12599 may, through adoption of an ordinance or resolution by the governing body, require each applicant receiving a permit to pay a fee to the charter city, city, county, fire protection district, or city and county of a pro rata portion of the actual and reasonable costs the charter city, city, county, fire protection district, or city and county incurs that is related to any of the following: (1) Processing and issuing permits. (2) Inspection of fireworks stands. (3) Public education and awareness campaigns regarding the safe and responsible use of safe and sane fireworks, and the dangers and risks posed by the use of illegal fireworks. (4) Enforcing the provisions of the code of the charter city, city, county, fire protection district, or city and county with respect to the sale and use of safe and sane fireworks, including extra personnel time and cleanup of the fireworks trash and debris. “Extra personnel time” means employee or contracted employee time that the charter city, city, county, fire protection district, or city and county would not otherwise incur but for the sale and use of safe and sane fireworks. (5) Fire operation and suppression efforts that are directly related to safe and sane fireworks. (b) The pro rata share of the costs shall be specified in the ordinance or resolution and calculated using gross sales as shown on each permittee’s sales and use tax return for the applicable period. The pro rata share of costs shall not exceed 7 percent of the gross sales of the fireworks sold in the charter city, city, county, fire protection district, or city and county during the applicable period. A cost recovery ordinance or resolution in effect on or before January 1, 2024, may supersede this subdivision. (Added by Stats. 2023, Ch. 368, Sec. 3. (AB 1403) Effective January 1, 2024.)
  195. 12636.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 5. Fees [12630 - 12637] ( Article 5 added by Stats. 1973, Ch. 1109. )

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    The State Fire Marshal must charge $5 for each certified copy of a record, document, or paper in his custody, and for certification of a document representing its content, unless another law provides 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 5. Fees [12630 - 12637] ( Article 5 added by Stats. 1973, Ch. 1109. ) ## 12636. Except as otherwise provided by law, the State Fire Marshal shall charge a fee in the amount of five dollars ($5) for each certified copy of any record, document, or paper in his custody, or for certification of any document representing the content of any such record, document, or paper. (Added by Stats. 1973, Ch. 1109.)
  196. 12637.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 5. Fees [12630 - 12637] ( Article 5 added by Stats. 1973, Ch. 1109. )

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    Fireworks or pyrotechnic devices from nonlicensed manufacturers must be examined and classified by the State Fire Marshal, and the application must include the required fee.

    ## 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 5. Licenses [12570 - 12637] ( Chapter 5 added by Stats. 1973, Ch. 1109. ) ## ARTICLE 5. Fees [12630 - 12637] ( Article 5 added by Stats. 1973, Ch. 1109. ) ## 12637. All fireworks or pyrotechnic devices intended for sale in this state, which are products of nonlicensed manufacturers, shall be examined and classified by the State Fire Marshal upon written application on forms provided by him. Such application shall be accompanied by a fee as follows: (a) Ten dollars ($10) for each label of an item of identical size and design of a given lot or batch, provided that the lot or batch is identifiable by a code, serial number, shipment lot, case cargo number, etc. A separate application and fee shall be submitted for each lot or batch. The State Fire Marshal seal and the wholesalers or importers registration number shall not be imprinted on the label until the lot or batch has been examined and classified. (Added by Stats. 1973, Ch. 1109.)
  197. 1264.

    ## 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. )

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    Certain health facilities offering prenatal screening ultrasounds for congenital heart defects must use qualified sonographers, and sonographers must work under a licensed physician’s supervision.

    ## 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. ) ## 1264. (a) Any health facility licensed under Section 1250 that provides prenatal screening ultrasound to detect congenital heart defects shall require that the ultrasound be performed by a sonographer who is nationally certified in obstetrical ultrasound by the American Registry for Diagnostic Medical Sonography (ARDMS), nationally certified in cardiac sonography by Cardiovascular Credentialing International (CCI), or credentialed in sonography by the American Registry of Radiologic Technologists (ARRT). (b) For purposes of this section, the following shall apply: (1) A sonographer is also known as an “ultrasound technologist” or “sonologist.” (2) “Sonographer” means any nonphysician who is qualified by national certification or academic or clinical experience to perform diagnostic medical ultrasound, with a subspecialty in obstetrical ultrasound. (c) (1) Any sonographer who is certified as required in subdivision (a) or otherwise meets the requirements of this section, shall, in performing a prenatal ultrasound to detect congenital heart defects, perform the work under the supervision of a licensed physician and surgeon. (2) For purposes of this section, licensed physician and surgeon means any physician and surgeon, licensed pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code. (d) Any person with a minimum of two years of full-time work experience in this state as a sonographer in prenatal ultrasound and has obtained, or is in the process of obtaining, 30 continuing medical education credits over a three-year period in ultrasound shall be deemed to be in compliance with the requirements of this section. (e) A health facility shall develop policies and procedures to implement the requirements of this section. (f) This section and policies and procedures adopted pursuant to this section shall not prohibit any physician and surgeon licensed pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code from performing a prenatal ultrasound nor in any other way limit the ability of a licensed physician and surgeon to practice medicine in a manner consistent with that license. (g) This section and policies and procedures adopted pursuant to this section shall not apply to any physician and surgeon, sonologist, certified nurse-midwife, or nurse practitioner who performs limited prenatal ultrasounds for the purpose of obtaining an amniotic fluid index, fetal position, a biophysical profile or dating a pregnancy prior to 20 weeks gestation. (h) Article 4 (commencing with Section 1235) and any other provision relating to criminal sanctions for violations of this chapter shall not apply to any person who violates this section or any regulation adopted pursuant to this section. (i) This section shall become operative on July 1, 2006. (Added by Stats. 2004, Ch. 770, Sec. 2. Effective January 1, 2005. Section operative July 1, 2006, by its own provisions.)
  198. 1264.1.

    ## 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. )

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    Providers offering sensitive examinations must notify patients that a medical chaperone is available on request, and must provide and document a chaperone when requested, subject to listed exceptions.

    ## 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. ) ## 1264.1. (a) For purposes of this section, the following definitions apply: (1) “Medical chaperone” means a trained employee of a provider who assists or observes during the portion of a visit that includes a sensitive examination. (2) “Provider” means a general acute care hospital, as defined in Section 1250, except that “provider” does not include any facility owned or operated by the Department of Corrections and Rehabilitation. (3) (A) “Sensitive examination” means an ultrasound examination performed by a sonographer of any of the following areas: (i) Genitalia. (ii) Breast. (iii) Rectum. (B) “Sensitive examination” also includes an ultrasound examination of the pubic or groin region. (4) (A) “Sonographer” means any nonphysician who is a sonography technician whose primary duties consist of performing diagnostic medical ultrasounds and who is qualified by national certification or academic or clinical experience to perform diagnostic medical ultrasounds. National certification includes certification by the American Registry for Diagnostic Medical Sonography (ARDMS), Cardiovascular Credentialing International (CCI), or American Registry of Radiologic Technologists (ARRT). (B) A sonographer is also known as an “ultrasound technologist” or “sonologist.” (b) (1) Except as provided in paragraph (3), a provider that offers a sensitive examination shall provide notice to patients that a medical chaperone will be made available upon a patient’s request to assist or observe the sensitive examination. The notice shall be provided in any of the following methods: (A) A hard copy provided to the patient, or their legal guardian, in person at a visit, or prior to a visit in a separate single document. (B) An electronic transmission, including, but not limited to, a text message or email to the patient or their legal guardian prior to or during the visit. (C) Verbally to the patient, or their legal guardian, either prior to or in person at a visit, with documentation of the offer in the patient’s health record. (2) If a patient does not request a medical chaperone, but the provider determines, for any reason, that a medical chaperone must be present, the provider has the right to decline performing the sensitive examination in the absence of a medical chaperone. (3) A provider that performs a sensitive examination to a patient receiving emergency services and care, as defined in Section 1317.1, shall, when feasible, inform the patient that a medical chaperone will be made available upon request to assist or observe the sensitive examination. (c) (1) A provider shall educate sonographers and clinical and nonclinical staff who may serve as a medical chaperone about appropriate observational and intervention techniques, how to properly drape a patient, the importance of neutrality, and reporting procedures for any inappropriate behaviors observed or communicated by the patient. (2) Except as provided in paragraph (3), if a patient requests a medical chaperone, the provider shall provide a medical chaperone for the entirety of an ultrasound examination if any portion of the ultrasound examination is a sensitive examination. The provider shall document the medical chaperone’s presence in the patient’s health record. (3) In the event a medical chaperone is unavailable at the time of the sensitive examination, the provider shall coordinate with the patient to find an acceptable alternative, which may include, but not be limited to, waiting without undue delay for a medical chaperone to become available. (d) This section shall become operative on January 1, 2027. (Added by Stats. 2025, Ch. 442, Sec. 2. (AB 849) Effective January 1, 2026. Operative January 1, 2027, by its own provisions.)
  199. 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 6. Permits [12640 - 12654] ( Chapter 6 added by Stats. 1973, Ch. 1109. )

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    A licensee must have a valid permit before doing certain fireworks-related activities when a permit is required by the State Fire Marshal or local authorities.

    ## 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 6. Permits [12640 - 12654] ( Chapter 6 added by Stats. 1973, Ch. 1109. ) ## 12640. In any case in which this chapter requires that a permit be obtained from the State Fire Marshal, or in any case in which the public agency having local jurisdiction requires pursuant to this chapter that a permit be obtained, a licensee shall possess a valid permit before performing any of the following: (a) Manufacturing, importing, exporting, storing, possessing, or selling dangerous fireworks at wholesale. (b) Manufacturing, importing, exporting, storing, or selling at wholesale or retail safe and sane fireworks or transporting safe and sane fireworks, except that a transportation permit shall not be required for safe and sane fireworks possessed by retail licensees. (c) Manufacturing, importing, exporting, possessing, storing, transporting, using, or selling at wholesale or retail, those fireworks classified by the State Fire Marshal as agricultural and wildlife fireworks. (d) Manufacturing, importing, exporting, possessing, storing, or selling at wholesale or retail, model rocket motors. (e) Discharging dangerous fireworks at any place, including a public display. (f) Using special effects. (Amended by Stats. 2016, Ch. 86, Sec. 182. (SB 1171) Effective January 1, 2017.)
  200. 12641.

    ## 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 6. Permits [12640 - 12654] ( Chapter 6 added by Stats. 1973, Ch. 1109. )

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    No permit is required for any person to transport, buy at retail, or use safe and sane fireworks, or to buy at retail, use, or transport registered emergency signaling 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 6. Permits [12640 - 12654] ( Chapter 6 added by Stats. 1973, Ch. 1109. ) ## 12641. A permit, as provided in this part, shall not be required of any person to transport, purchase at retail, or use safe and sane fireworks, or to purchase at retail, use, or transport registered emergency signaling devices. (Added by Stats. 1973, Ch. 1109.)

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