Health and Safety Code — Part 29 | HSC — United States — California law | Esheria

Health and Safety Code

Part 29 of 87 · provisions 5,601–5,800

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

Showing 200 of 17,333

  1. 1276.5.

    ## 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 Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202.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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. )

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    The department must set nursing-hour regulations for certain facilities, and skilled nursing facilities must meet a 3.2-hour actual nursing-hour minimum starting January 1, 2000, unless an exception applies.

    ## 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 Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202.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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. ) ## 1276.5. (a) The department shall adopt regulations setting forth the minimum number of equivalent nursing hours per patient required in skilled nursing and intermediate care facilities, subject to the specific requirements of Section 14110.7 of the Welfare and Institutions Code. However, notwithstanding Section 14110.7 or any other law, commencing January 1, 2000, the minimum number of actual nursing hours per patient required in a skilled nursing facility shall be 3.2 hours, except as provided in Section 1276.9. (b) (1) For the purposes of this section, “nursing hours” means the number of hours of work performed per patient day by aides, nursing assistants, or orderlies plus two times the number of hours worked per patient day by registered nurses and licensed vocational nurses (except directors of nursing in facilities of 60 or larger capacity) and, in the distinct part of facilities and freestanding facilities providing care for persons with developmental disabilities or mental health disorders by licensed psychiatric technicians who perform direct nursing services for patients in skilled nursing and intermediate care facilities, except when the skilled nursing and intermediate care facility is licensed as a part of a state-owned hospital or developmental center, and except that nursing hours for skilled nursing facilities means the actual hours of work, without doubling the hours performed per patient day by registered nurses and licensed vocational nurses. (2) Concurrent with implementation of the first year of rates established under the Medi-Cal Long Term Care Reimbursement Act of 1990 (Article 3.8 (commencing with Section 14126) of Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code), for the purposes of this section, “nursing hours” means the number of hours of work performed per patient day by aides, nursing assistants, registered nurses, and licensed vocational nurses (except directors of nursing in facilities of 60 or larger capacity) and, in the distinct part of facilities and freestanding facilities providing care for persons with developmental disabilities or mental health disorders, by licensed psychiatric technicians who performed direct nursing services for patients in skilled nursing and intermediate care facilities, except when the skilled nursing and intermediate care facility is licensed as a part of a state-owned hospital or developmental center. (c) Notwithstanding Section 1276, the department shall require the utilization of a registered nurse at all times if the department determines that the services of a skilled nursing and intermediate care facility require the utilization of a registered nurse. (d) (1) Except as otherwise provided by law, the administrator of an intermediate care facility/developmentally disabled, intermediate care facility/developmentally disabled habilitative, or an intermediate care facility/developmentally disabled—nursing shall be either a licensed nursing home administrator or a qualified intellectual disability professional as defined in Section 483.430 of Title 42 of the Code of Federal Regulations. (2) To qualify as an administrator for an intermediate care facility for the developmentally disabled, a qualified intellectual disability professional shall complete at least six months of administrative training or demonstrate six months of experience in an administrative capacity in a licensed health facility, as defined in Section 1250, excluding those facilities specified in subdivisions (e), (h), and (i). (Amended by Stats. 2017, Ch. 52, Sec. 2. (SB 97) Effective July 10, 2017.)
  2. 1276.6.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. )

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    Each facility must certify how staffing-ratio funds were spent and return the department’s form within 30 days of receiving it.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. ) ## 1276.6. Each facility shall certify, under penalty of perjury and to the best of their knowledge, on a form provided by the department, that funds received pursuant to increasing the staffing ratio to 3.2, as provided for in Section 1276.5, were expended for this purpose. The facility shall return the form to the department within 30 days of receipt by the facility. (Added by Stats. 2000, Ch. 93, Sec. 6. Effective July 7, 2000.)
  3. 1276.65.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. )

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    This section sets staffing-ratio rules for skilled nursing facilities, requires the department to issue and update regulations, and requires facilities to post staffing information.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. ) ## 1276.65. (a) For purposes of this section, the following definitions shall apply: (1) “Direct care service hours” means the actual hours of work performed per patient day by a direct caregiver, as defined in paragraph (2). Until final regulations are promulgated to implement this section as amended by the act that added this paragraph, the department shall recognize the hours performed by direct caregivers, to the same extent as those hours are recognized by the department pursuant to Section 1276.5 on July 1, 2017. (2) “Direct caregiver” means a registered nurse, as referred to in Section 2732 of the Business and Professions Code, a licensed vocational nurse, as referred to in Section 2864 of the Business and Professions Code, a psychiatric technician, as referred to in Section 4516 of the Business and Professions Code, and a certified nurse assistant, or a nursing assistant participating in an approved training program, as defined in Section 1337, while performing nursing services as described in Sections 72309, 72311, and 72315 of Title 22 of the California Code of Regulations, as those sections read on July 1, 2017. (3) “Skilled nursing facility” means a skilled nursing facility as defined in subdivision (c) of Section 1250. (b) A person employed to provide services such as food preparation, housekeeping, laundry, or maintenance services shall not provide nursing care to residents and shall not be counted in determining ratios under this section. (c) (1) (A) Notwithstanding any other law, the department shall develop regulations that become effective August 1, 2003, that establish staff-to-patient ratios for direct caregivers working in a skilled nursing facility. (B) Effective July 1, 2018, skilled nursing facilities, except those skilled nursing facilities that are a distinct part of a general acute care facility or a state-owned hospital or developmental center, shall have a minimum number of direct care services hours of 3.5 per patient day, except as set forth in Section 1276.9. (C) Skilled nursing facilities shall have a minimum of 2.4 hours per patient day for certified nurse assistants in order to meet the requirements in subparagraph (B). (D) The department shall repeal and amend existing regulations and adopt emergency regulations to implement the amendments made by the act that added this subparagraph. The department shall consult stakeholders prior to promulgation of regulations and shall provide a 90-day notice to stakeholders prior to adopting regulations. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. (2) The department, in developing staff-to-patient ratios for direct caregivers and licensed nurses required by this section, shall convert the existing requirement under Section 1276.5 of this code and Section 14110.7 of the Welfare and Institutions Code for direct care service hours per patient day of care and shall verify that no less care is given than is required pursuant to Section 1276.5 of this code and Section 14110.7 of the Welfare and Institutions Code. Further, the department shall develop the ratios in a manner that minimizes additional state costs, maximizes resident quality of care, and takes into account the length of the shift worked. In developing the regulations, the department shall develop a procedure for facilities to apply for a waiver that addresses individual patient needs except that in no instance shall the minimum staff-to-patient ratios be less than the 3.5 direct care service hours per patient day required pursuant to subparagraph (B) of paragraph (1). (d) The direct care service hour requirements to be developed pursuant to this section shall be minimum standards only. Skilled nursing facilities shall employ and schedule additional staff as needed to ensure quality resident care based on the needs of individual residents and to ensure compliance with all relevant state and federal staffing requirements. (e) No later than January 1, 2006, and every five years thereafter, the department shall consult with consumers, consumer advocates, recognized collective bargaining agents, and providers to determine the sufficiency of the staffing standards provided in this section and may adopt regulations to increase the minimum staffing ratios to adequate levels. (f) In a manner pursuant to federal requirements, every skilled nursing facility shall post information about staffing levels that includes the current number of licensed and unlicensed nursing staff directly responsible for resident care in the facility. This posting shall include staffing requirements developed pursuant to this section. (g) (1) Notwithstanding any other law, the department shall inspect for compliance with this section during state and federal periodic inspections, including, but not limited to, those inspections required under Section 1422. This inspection requirement shall not limit the department’s authority in other circumstances to cite for violations of this section or to inspect for compliance with this section. (2) A violation of the regulations developed pursuant to this section may constitute a class “B,” “A,” or “AA” violation pursuant to the standards set forth in Section 1424. The department shall set a timeline for phase-in of penalties pursuant to this section through all-facility letters or other similar instructions. (h) The requirements of this section are in addition to any requirement set forth in Section 1276.5 of this code and Section 14110.7 of the Welfare and Institutions Code. (i) Implementation of the staffing standard developed pursuant to requirements set forth in this section shall be contingent on an appropriation in the annual Budget Act and continued federal approval of the Skilled Nursing Facility Quality Assurance Fee pursuant to Article 7.6 (commencing with Section 1324.20). (j) In implementing this section, the department may contract as necessary, on a bid or nonbid basis, for professional consulting services from nationally recognized higher education and research institutions, or other qualified individuals and entities not associated with a skilled nursing facility, with demonstrated expertise in long-term care. This subdivision establishes an accelerated process for issuing contracts pursuant to this section and contracts entered into pursuant to this section shall be exempt from the requirements of Chapter 1 (commencing with Section 10100) and Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code. (k) This section shall not apply to facilities defined in Section 1276.9. (l) The department shall adopt emergency regulations or all-facility letters, or other similar instructions, to create a waiver of the direct care service hour requirements established in this section for skilled nursing facilities by July 1, 2018, to address a shortage of available and appropriate health care professionals and direct caregivers. Waivers granted pursuant to these provisions shall be reviewed annually and either renewed or revoked. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. (m) The department shall evaluate the impact of the changes made to this section by the act that added this subdivision regarding patient quality of care and shall work with other state departments, as necessary, to evaluate the workforce available to meet these requirements, including an evaluation of the effectiveness of the minimum requirements of 2.4 hours per patient day for certified nursing assistants specified in subparagraph (C) of paragraph (1) of subdivision (c). The department may contract with a vendor for purposes of conducting this evaluation. (Amended by Stats. 2017, Ch. 52, Sec. 3. (SB 97) Effective July 10, 2017.)
  4. 1276.66.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. )

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    This section creates a penalty account, requires the health department to assess penalties on certain skilled nursing facilities that miss staffing-hour requirements, and sets appeal and payment deadlines.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. ) ## 1276.66. (a) (1) The Skilled Nursing Facility Minimum Staffing Penalty Account is hereby established in the State Treasury. The account shall contain all moneys deposited pursuant to subdivision (b). (2) Notwithstanding Section 13340 of the Government Code or any other law, the Skilled Nursing Facility Minimum Staffing Penalty Account is hereby continuously appropriated, without regard to fiscal years, to the State Department of Public Health to support the implementation of this section. (b) (1) The State Department of Public Health shall use the direct care staffing level data it collects to determine whether a skilled nursing facility has met the nursing hours or direct care service hours per patient per day requirements pursuant to Section 1276.5 or 1276.65, as applicable. (2) (A) The State Department of Public Health shall assess a skilled nursing facility, licensed pursuant to subdivision (c) of Section 1250, an administrative penalty if the State Department of Public Health determines that the skilled nursing facility fails to meet the nursing hours or direct care service hours per patient per day requirements pursuant to Section 1276.5 or 1276.65, as applicable, as follows: (i) Twenty-five thousand dollars ($25,000) if the facility fails to meet the requirements for 5 percent or more of the audited days up to 49 percent. (ii) Fifty thousand dollars ($50,000) if the facility fails to meet the requirements for over 49 percent or more of the audited days. (B) (i) If the skilled nursing facility does not dispute the determination or assessment, the penalties shall be paid in full by the licensee to the State Department of Public Health within 30 days of the facility’s receipt of the notice of penalty and deposited into the Skilled Nursing Facility Minimum Staffing Penalty Account. (ii) The State Department of Public Health may, upon written notification to the licensee, request that the State Department of Health Care Services offset any moneys owed to the licensee by the Medi-Cal program or any other payment program administered by the State Department of Health Care Services to recoup the penalty provided for in this section. (C) (i) If a facility disputes the determination or assessment made pursuant to this paragraph, the facility shall, within 30 days of the facility’s receipt of the determination and assessment, simultaneously submit a request for appeal to both the State Department of Health Care Services and the State Department of Public Health. A request for an appeal may be made by a facility based upon a determination that does not result in an assessment. The request shall include a detailed statement describing the reason for appeal and include all supporting documents the facility will present at the hearing. (ii) Within 30 days of the State Department of Public Health’s receipt of the facility’s request for appeal, the State Department of Public Health shall submit, to both the facility and the State Department of Health Care Services, its responsive arguments and all supporting documents that the State Department of Public Health will present at the hearing. (D) The State Department of Health Care Services shall hear a timely appeal and issue a decision as follows: (i) The hearing shall commence within 60 days from the date of receipt by the State Department of Health Care Services of the facility’s timely request for appeal. (ii) The State Department of Health Care Services shall issue a decision within 120 days from the date of receipt by the State Department of Health Care Services of the facility’s timely request for appeal. (iii) The decision of the State Department of Health Care Services’ hearing officer, when issued, shall be the final decision of the State Department of Public Health. (E) The appeals process set forth in this paragraph shall be exempt from Chapter 4.5 (commencing with Section 11400), and Chapter 5 (commencing with Section 11500), of Part 1 of Division 3 of Title 2 of the Government Code. The provisions of Sections 100171 and 131071 do not apply to appeals under this paragraph. (F) If a hearing decision issued pursuant to subparagraph (D) is in favor of the State Department of Public Health, the skilled nursing facility shall pay the penalties to the State Department of Public Health within 30 days of the facility’s receipt of the decision. The penalties collected shall be deposited into the Skilled Nursing Facility Minimum Staffing Penalty Account. (c) The assessment of a penalty under this section shall not prohibit any state or federal enforcement action, including, but not limited to, State Department of Public Health’s investigation process or issuance of deficiencies or citations under Chapter 2.4 (commencing with Section 1417). (d) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the State Department of Public Health may implement this section by means of all-facility letters or other similar instructions without taking regulatory action. (e) In implementing this section, the State Department of Public Health may contract, as necessary, with California’s Medicare Quality Improvement Organization, or other entities deemed qualified by the State Department of Public Health, not associated with a skilled nursing facility. The department may enter into exclusive or nonexclusive contracts, or amend existing contracts, on a bid or negotiated basis for purposes of implementing this subdivision. Contracts entered into or amended pursuant to this subdivision shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, the State Administrative Manual, and the State Contracting Manual, and shall be exempt from the review or approval of any division of the State Department of General Services. (f) Notwithstanding any other law, the State Controller may use the funds in the Skilled Nursing Facility Minimum Staffing Penalty Account for cash flow loans to the General Fund as provided in Sections 16310 and 16381 of the Government Code. (Amended by Stats. 2025, Ch. 21, Sec. 3. (AB 116) Effective June 30, 2025.)
  5. 1276.7.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. )

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    The department must study staffing levels in skilled nursing facilities, determine whether more nursing hours are needed, and report its recommendations 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. ) ## 1276.7. (a) (1) On or before May 1, 2001, the department shall determine the need, and provide subsequent recommendations, for any increase in the minimum number of nursing hours per patient day in skilled nursing facilities. The department shall analyze the relationship between staffing levels and quality of care in skilled nursing facilities. The analysis shall include, but not be limited to, all of the following: (A) A determination of average staffing levels in this state. (B) A review of facility expenditures on nursing staff, including salary, wages, and benefits. (C) A review of other states’ staffing requirements as relevant to this state. (D) A review of available research and reports on the issue of staffing levels and quality of care. (E) The number of Medi-Cal beds in a facility. (F) The corporate status of the facility. (G) Information on compliance with both state and federal standards. (H) Work force availability trends. (2) The department shall prepare a report on its analysis and recommendations and submit this report to the Legislature, including its recommendations for any staffing increases and proposed timeframes and costs for implementing any increase. (b) It is the intent of the Legislature to establish sufficient staffing levels required to provide quality skilled nursing care. It is further the intent of the Legislature to increase the minimum number of direct care nursing hours per patient day in skilled nursing facilities to 3.5 hours by 2004 or to whatever staffing levels the department determines are required to provide California nursing home residents with a safe environment and quality skilled nursing care. (Added by Stats. 2000, Ch. 451, Sec. 7. Effective January 1, 2001.)
  6. 1276.8.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. )

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    This section defines respiratory care terms and allows respiratory care in specified settings, including emergencies and patient transport, under stated supervision and prescription 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. ) ## 1276.8. Notwithstanding any other provision of law, including, but not limited to, Section 1276, the following shall apply: (a) As used in this code, “respiratory care practitioner,” “respiratory therapist,” “respiratory therapy technician,” and “inhalation therapist” mean a respiratory care practitioner certified under the Respiratory Care Practice Act (Chapter 8.3 (commencing with Section 3700) of Division 2 of the Business and Professions Code). (b) The definition of respiratory care services, respiratory therapy, inhalation therapy, or the scope of practice of respiratory care, shall be as described in Section 3702 of the Business and Professions Code. (c) Respiratory care may be performed in hospitals, ambulatory or in-home care, and other settings where respiratory care is performed under the supervision of a medical director in accordance with the prescription of a physician and surgeon. Respiratory care may also be provided during the transportation of a patient, and under any circumstances where an emergency necessitates respiratory care. (d) In addition to other licensed health care practitioners authorized to administer respiratory care, a certified respiratory care practitioner may accept, transcribe, and implement the written and verbal orders of a physician and surgeon pertaining to the practice of respiratory care. (Amended by Stats. 2006, Ch. 538, Sec. 351. Effective January 1, 2007.)
  7. 1276.9.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. )

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    Special treatment program service unit distinct parts must meet minimum staffing levels of 2.3 nursing hours per patient per day and 3.2 hours per patient per day on average weekly staffing.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. ) ## 1276.9. (a) A special treatment program service unit distinct part shall have a minimum 2.3 nursing hours per patient per day. (b) For purposes of this section, “special treatment program service unit distinct part” means an identifiable and physically separate unit of a skilled nursing facility or an entire skilled nursing facility that provides therapeutic programs to an identified population group of persons with mental health disorders. (c) For purposes of this section, “nursing hours” means the number of hours of work performed per patient day by aides, nursing assistants, or orderlies, plus two times the number of hours worked per patient day by registered nurses and licensed vocational nurses (except directors of nursing in facilities of 60 or larger capacity), and, in the distinct part of facilities and freestanding facilities providing care for persons with developmental disabilities or mental health disorders, by licensed psychiatric technicians who perform direct nursing services for patients in skilled nursing and intermediate care facilities, except when the skilled nursing and intermediate care facility is licensed as a part of a state hospital. (d) A special treatment program service unit distinct part shall also have an overall average weekly staffing level of 3.2 hours per patient per day, calculated without regard to the doubling of nursing hours, as described in paragraph (1) of subdivision (b) of Section 1276.5, for the special treatment program service unit distinct part. (e) The calculation of the overall staffing levels in these facilities for the special treatment program service unit distinct part shall include staff from all of the following categories: (1) Certified nurse assistants. (2) Licensed vocational nurses. (3) Registered nurses. (4) Licensed psychiatric technicians. (5) Psychiatrists. (6) Psychologists. (7) Social workers. (8) Program staff who provide rehabilitation, counseling, or other therapeutic services. (Amended by Stats. 2014, Ch. 144, Sec. 30. (AB 1847) Effective January 1, 2015.)
  8. 12760.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 3. FLAMETHROWING DEVICES [12750 - 12761] ( Part 3 added by Stats. 2004, Ch. 496, Sec. 1. ) ## CHAPTER 3. Enforcement and Penalties [12760 - 12761] ( Chapter 3 added by Stats. 2004, Ch. 496, Sec. 1. )

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    The State Fire Marshal must seize flamethrowing devices held by anyone who does not have a valid permit under this part.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 3. FLAMETHROWING DEVICES [12750 - 12761] ( Part 3 added by Stats. 2004, Ch. 496, Sec. 1. ) ## CHAPTER 3. Enforcement and Penalties [12760 - 12761] ( Chapter 3 added by Stats. 2004, Ch. 496, Sec. 1. ) ## 12760. The State Fire Marshal shall seize any flamethrowing device in the possession of any person who does not have a valid flamethrowing device permit issued pursuant to this part. (Added by Stats. 2004, Ch. 496, Sec. 1. Effective January 1, 2005.)
  9. 12761.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 3. FLAMETHROWING DEVICES [12750 - 12761] ( Part 3 added by Stats. 2004, Ch. 496, Sec. 1. ) ## CHAPTER 3. Enforcement and Penalties [12760 - 12761] ( Chapter 3 added by Stats. 2004, Ch. 496, Sec. 1. )

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    A person may not use or possess a flamethrowing device unless they have a valid permit under this part.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 3. FLAMETHROWING DEVICES [12750 - 12761] ( Part 3 added by Stats. 2004, Ch. 496, Sec. 1. ) ## CHAPTER 3. Enforcement and Penalties [12760 - 12761] ( Chapter 3 added by Stats. 2004, Ch. 496, Sec. 1. ) ## 12761. Any person who uses or possesses any flamethrowing device without a valid flamethrowing device permit issued pursuant to this part is guilty of a public offense and, upon conviction, shall be punished by imprisonment in the county jail for a term not to exceed one year, or in the state prison, or by a fine not to exceed ten thousand dollars ($10,000), or by both imprisonment and fine. (Added by Stats. 2004, Ch. 496, Sec. 1. Effective January 1, 2005.)
  10. 127630.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 6. Reproductive Health Equity [127630 - 127639] ( Chapter 6 added by Stats. 2022, Ch. 562, Sec. 2. )

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    This section defines key terms used in Chapter 6.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 6. Reproductive Health Equity [127630 - 127639] ( Chapter 6 added by Stats. 2022, Ch. 562, Sec. 2. ) ## 127630. For purposes of this chapter: (a) “Abortion” has the same meaning as defined in Section 123464. (b) “Contraception” means the services and contraceptive methods described in paragraph (1) of subdivision (b) of Section 1367.25. (c) “Department” means the Department of Health Care Access and Information. (d) “Fund” means the California Reproductive Health Equity Fund established pursuant to Section 127631. (e) “Gender-affirming health care” and “gender-affirming mental health care” have the same meanings as defined in Section 16010.2 of the Welfare and Institutions Code. (f) “Program” means the California Reproductive and TGI Health Equity Program established pursuant to Section 127632. (g) “Religious employer” has the same meaning as described in Section 1367.25. (Amended by Stats. 2026, Ch. 27, Sec. 41. (SB 164) Effective June 29, 2026.)
  11. 127631.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 6. Reproductive Health Equity [127630 - 127639] ( Chapter 6 added by Stats. 2022, Ch. 562, Sec. 2. )

    Verify source ↗

    This section creates the California Reproductive Health Equity Fund and directs the department to use it for grants, program administration, and other authorized chapter purposes.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 6. Reproductive Health Equity [127630 - 127639] ( Chapter 6 added by Stats. 2022, Ch. 562, Sec. 2. ) ## 127631. (a) The California Reproductive Health Equity Fund is hereby established. (b) The primary purpose of the fund is to provide grant funding to safety net providers of abortion, contraception, or gender-affirming care services through the California Reproductive and TGI Health Equity Program and to otherwise ensure affordability of and access to abortion, contraception, or gender-affirming care to anyone who seeks care in California, regardless of their ability to pay for care. The department shall distribute moneys in the fund to further its primary purpose. (c) The fund shall also be used to pay for the cost of administering the program and for any other purpose authorized by this chapter. The level of expenditure by the department for the administrative support of the program created pursuant to this chapter shall be subject to review and approval annually through the annual budget process. (d) The department may receive private donations to be deposited into the fund. (e) The money in the fund is continuously appropriated to the department for the purposes of this chapter. The department shall manage this fund prudently in accordance with the law. (Amended by Stats. 2026, Ch. 27, Sec. 42. (SB 164) Effective June 29, 2026.)
  12. 127631.1.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 6. Reproductive Health Equity [127630 - 127639] ( Chapter 6 added by Stats. 2022, Ch. 562, Sec. 2. )

    Verify source ↗

    The department may use money from the Abortion Access Fund to provide grant funding for abortion services through the California Reproductive and TGI Health Equity Program.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 6. Reproductive Health Equity [127630 - 127639] ( Chapter 6 added by Stats. 2022, Ch. 562, Sec. 2. ) ## 127631.1. In addition to the California Reproductive Health Equity Fund established in this chapter, the department may also use the money in the Abortion Access Fund established in Section 127641 to provide grant funding for abortion services to safety net providers of abortion services through the California Reproductive and TGI Health Equity Program. (Added by Stats. 2026, Ch. 27, Sec. 43. (SB 164) Effective June 29, 2026.)
  13. 127632.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 6. Reproductive Health Equity [127630 - 127639] ( Chapter 6 added by Stats. 2022, Ch. 562, Sec. 2. )

    Verify source ↗

    This section establishes the California Reproductive and TGI Health Equity Program within the department and lets the department run it through grants and contracts.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 6. Reproductive Health Equity [127630 - 127639] ( Chapter 6 added by Stats. 2022, Ch. 562, Sec. 2. ) ## 127632. (a) The California Reproductive and TGI Health Equity Program is hereby established within the department. (b) The purpose of the program is to ensure abortion, contraception, and gender-affirming care are affordable for and accessible to all patients, regardless of their ability to pay, and to provide financial support for safety net providers of these services to offset the costs of providing uncompensated care to patients with low incomes who would otherwise lack access to care. (c) The department may carry out the program described in this chapter through grants and contracts, including exclusive or nonexclusive contracts, or amending existing contracts, on a bid or negotiated basis. Contracts and grants entered into or amended pursuant to this chapter shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and the State Administrative Manual. (d) Contracts, grants, and related information created pursuant to this chapter shall not be made public and are exempt from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (e) In administering this chapter, the department shall be exempt from the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2026, Ch. 27, Sec. 44. (SB 164) Effective June 29, 2026.)
  14. 127633.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 6. Reproductive Health Equity [127630 - 127639] ( Chapter 6 added by Stats. 2022, Ch. 562, Sec. 2. )

    Verify source ↗

    This section lets certain Medi-Cal enrolled providers apply for grants if they agree to provide abortion, contraception, or gender-affirming care and meet listed conditions.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 6. Reproductive Health Equity [127630 - 127639] ( Chapter 6 added by Stats. 2022, Ch. 562, Sec. 2. ) ## 127633. (a) A Medi-Cal enrolled provider, as determined by the State Department of Health Care Services, may apply for a grant, and a continuation award after the initial grant, under this chapter if they agree to provide either, both abortion and contraception services, or gender-affirming care services in accordance with all of the following: (1) The abortion, contraception, or gender-affirming care services provided are within the provider’s scope of practice and licensure. (2) The provider agrees to be identified, in a manner determined by the department, as a participating provider in the program. An institutional provider shall not be required to identify any individual who is an abortion or gender-affirming care provider as a condition of a grant awarded pursuant to this chapter. (3) To the extent services provided are covered pursuant to Section 14132 of the Welfare and Institutions Code, the services shall be provided at no cost or a reduced cost to an individual with a household income at or below 400 percent of the federal poverty level who meets both of the following criteria: (A) Is uninsured or has health care coverage that does not include both abortion and contraception or does not include coverage for gender-affirming care. (B) Is not otherwise eligible to receive both abortion and contraception care at no cost through the Medi-Cal and Family PACT programs or receive gender-affirming care at no cost through the Medi-Cal program. (b) For purposes of this chapter, an individual’s self-declaration of income and source of health care coverage made to the provider at the time of service shall be all that is required to determine whether the individual may be able to access no-cost or reduced-cost services pursuant to this chapter. (c) This chapter does not require a provider to accept additional patients if, in the reasonable professional judgment of the provider, accepting additional patients would endanger access to, or continuity of, care for existing patients. (d) The department shall work with the State Department of Health Care Services to notify Medi-Cal enrolled providers of the availability of funding under this chapter, including any pertinent deadlines and other requirements. (Amended by Stats. 2026, Ch. 27, Sec. 45. (SB 164) Effective June 29, 2026.)
  15. 127634.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 6. Reproductive Health Equity [127630 - 127639] ( Chapter 6 added by Stats. 2022, Ch. 562, Sec. 2. )

    Verify source ↗

    Grant applications under this chapter must use a department-developed form and include required funding justification and other information. The department must start accepting applications by January 1, 2027, and it may not require personal information about individuals receiving the covered services.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 6. Reproductive Health Equity [127630 - 127639] ( Chapter 6 added by Stats. 2022, Ch. 562, Sec. 2. ) ## 127634. (a) An application for a grant under this chapter shall be made on a form to be developed by the department. (b) An application shall include both of the following: (1) A justification of the amount of grant funds requested, including both of the following: (A) The cost of uncompensated abortion, contraception, and gender-affirming care services the applicant provided to patients with household incomes at or below 400 percent of the federal poverty level in the previous 12 months. (B) The anticipated cost of uncompensated abortion, contraception, and gender-affirming care services to be provided to patients with household incomes at or below 400 percent of the federal poverty level in the upcoming 12 months. (2) Other pertinent information that the department requires. (c) The department shall develop an application form and shall begin accepting applications for grants pursuant to this chapter on or before January 1, 2027. (d) For purposes of subdivision (b), the cost of uncompensated abortion, contraception, and gender-affirming care services shall: (1) Be calculated based on the amount the provider would expect to receive for providing these services to a patient enrolled in the Medi-Cal program. (2) Include those services provided through prescription, including laboratory and pharmaceutical, as well as services that are the result of complications related to services provided pursuant to this chapter, to the extent they would be covered pursuant to Section 14132 of the Welfare and Institutions Code. (e) For purposes of this section, the department shall not require the submission of personal information about individuals receiving uncompensated abortion, contraception, and gender-affirming care services as part of an application. Information required by the department shall only include information in summary, statistical, or other forms that do not identify particular individuals. (f) Contracts, grants, and related information created pursuant to this chapter shall not be made public and are exempt from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (Amended by Stats. 2026, Ch. 27, Sec. 46. (SB 164) Effective June 29, 2026.)
  16. 127635.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 6. Reproductive Health Equity [127630 - 127639] ( Chapter 6 added by Stats. 2022, Ch. 562, Sec. 2. )

    Verify source ↗

    The department may award grants, but only within available funds, and must set award amounts based on the funds requested.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 6. Reproductive Health Equity [127630 - 127639] ( Chapter 6 added by Stats. 2022, Ch. 562, Sec. 2. ) ## 127635. (a) Within the limits of funds available, the department may award grants that, in the department’s judgment, best promote the purposes described in Section 127632, taking into account all of the following: (1) The extent to which abortion, contraception, and gender-affirming care services are needed locally. (2) The ability of the applicant to advance health equity. (3) The relative need of the applicant. (b) The department shall determine the amount of an award on the basis of the amount of funds requested. (c) Unless otherwise specified by the department, an initial grant shall be for a 12-month period. (d) Determination regarding a grant award shall be made within 60 days of receipt of a completed application. (Amended by Stats. 2026, Ch. 27, Sec. 47. (SB 164) Effective June 29, 2026.)
  17. 127636.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 6. Reproductive Health Equity [127630 - 127639] ( Chapter 6 added by Stats. 2022, Ch. 562, Sec. 2. )

    Verify source ↗

    Continuation award applications must use a department-developed form, and the application is exempt from disclosure under the California Public Records Act.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 6. Reproductive Health Equity [127630 - 127639] ( Chapter 6 added by Stats. 2022, Ch. 562, Sec. 2. ) ## 127636. (a) An application for a continuation award under this chapter shall be made on a form to be developed by the department. (b) Decisions regarding continuation awards and the funding level of those awards shall be made after consideration of factors that include the recipient’s anticipated level of need and the availability of funds. (c) Unless otherwise specified by the department, a continuation award shall be for a 12-month period. (d) An application for a continuation award under this chapter 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). (Added by Stats. 2022, Ch. 562, Sec. 2. (AB 2134) Effective January 1, 2023.)
  18. 127637.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 6. Reproductive Health Equity [127630 - 127639] ( Chapter 6 added by Stats. 2022, Ch. 562, Sec. 2. )

    Verify source ↗

    Funds awarded under this chapter must be used only for the purpose they were awarded for.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 6. Reproductive Health Equity [127630 - 127639] ( Chapter 6 added by Stats. 2022, Ch. 562, Sec. 2. ) ## 127637. Funds awarded pursuant to this chapter shall be expended solely for the purpose for which the funds were awarded, in accordance with the approved application and budget, implementation guidance issued by the department, and the terms and conditions of the grant or continuation award. (Added by Stats. 2022, Ch. 562, Sec. 2. (AB 2134) Effective January 1, 2023.)
  19. 127638.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 6. Reproductive Health Equity [127630 - 127639] ( Chapter 6 added by Stats. 2022, Ch. 562, Sec. 2. )

    Verify source ↗

    The department must consult interested parties when implementing the program.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 6. Reproductive Health Equity [127630 - 127639] ( Chapter 6 added by Stats. 2022, Ch. 562, Sec. 2. ) ## 127638. In implementing the program, the department shall consult with interested parties, including the State Department of Health Care Services, the Department of Managed Health Care, the Department of Insurance, abortion and contraception providers, gender-affirming care providers, consumer advocates, and other stakeholders it deems appropriate. (Amended by Stats. 2026, Ch. 27, Sec. 48. (SB 164) Effective June 29, 2026.)
  20. 127639.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 6. Reproductive Health Equity [127630 - 127639] ( Chapter 6 added by Stats. 2022, Ch. 562, Sec. 2. )

    Verify source ↗

    The department must evaluate the program and report its findings to the Legislature by July 1, 2024, and every July 1 after that. It may use fund money for the evaluation.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 6. Reproductive Health Equity [127630 - 127639] ( Chapter 6 added by Stats. 2022, Ch. 562, Sec. 2. ) ## 127639. The department shall conduct an evaluation of the program and shall report its findings to the Legislature by no later than July 1, 2024, and on an annual basis no later than each July 1 thereafter. The department may use funds in the fund for the evaluation of the program. The report shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2022, Ch. 562, Sec. 2. (AB 2134) Effective January 1, 2023.)
  21. 127640.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 6.1. Reproductive Health Protection [127640 - 127643] ( Chapter 6.1 added by Stats. 2025, Ch. 105, Sec. 42. )

    Verify source ↗

    This section defines key terms used in the chapter: “Abortion,” “Department,” and “Fund.”

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 6.1. Reproductive Health Protection [127640 - 127643] ( Chapter 6.1 added by Stats. 2025, Ch. 105, Sec. 42. ) ## 127640. For purposes of this chapter: (a) “Abortion” has the same meaning as defined in Section 123464. (b) “Department” means the Department of Health Care Access and Information, or any other entity within, and as designated by, the California Health and Human Services Agency. (c) “Fund” means the Abortion Access Fund established pursuant to Section 127641. (Added by Stats. 2025, Ch. 105, Sec. 42. (AB 144) Effective September 17, 2025. Inoperative July 1, 2029, pursuant to Section 127643. Repealed as of January 1, 2030, pursuant to Section 127643.)
  22. 127641.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 6.1. Reproductive Health Protection [127640 - 127643] ( Chapter 6.1 added by Stats. 2025, Ch. 105, Sec. 42. )

    Verify source ↗

    The Abortion Access Fund is created in the State Treasury and its money is kept separate, used only for this chapter, and continuously appropriated to the department.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 6.1. Reproductive Health Protection [127640 - 127643] ( Chapter 6.1 added by Stats. 2025, Ch. 105, Sec. 42. ) ## 127641. (a) The Abortion Access Fund is hereby established in the State Treasury. (b) Notwithstanding any other law, all of the following apply: (1) The fund is a special fund, permanently separate and apart from the General Fund or any other state fund or account. (2) Notwithstanding Section 16305.7 of the Government Code, any interest or dividends earned on moneys in the fund shall be retained in the fund and used solely as set forth in this chapter. (3) The purpose of the fund is to provide funding for abortion services, including for abortion services funded through grants to provide abortion access. (4) The moneys in the fund are continuously appropriated to the department without regard to fiscal year for the purposes of this chapter. (Added by Stats. 2025, Ch. 105, Sec. 42. (AB 144) Effective September 17, 2025. Inoperative July 1, 2029, pursuant to Section 127643. Repealed as of January 1, 2030, pursuant to Section 127643.)
  23. 127642.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 6.1. Reproductive Health Protection [127640 - 127643] ( Chapter 6.1 added by Stats. 2025, Ch. 105, Sec. 42. )

    Verify source ↗

    The department must distribute fund money to support abortion services, may use grants and contracts to run the program, and certain contracts, grants, and related information are kept confidential.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 6.1. Reproductive Health Protection [127640 - 127643] ( Chapter 6.1 added by Stats. 2025, Ch. 105, Sec. 42. ) ## 127642. (a) The department shall distribute moneys in the fund for the purpose of funding abortion services. (b) The department may carry out the program described in this chapter through grants and contracts, including exclusive or nonexclusive contracts, or amending existing contracts, on a bid or negotiated basis. Contracts and grants entered into or amended pursuant to this chapter shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and the State Administrative Manual. (c) Contracts, grants, and related information created pursuant to this chapter shall not be made public and are exempt from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (d) In administering this chapter, the department shall be exempt from the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 2025, Ch. 105, Sec. 42. (AB 144) Effective September 17, 2025. Inoperative July 1, 2029, pursuant to Section 127643. Repealed as of January 1, 2030, pursuant to Section 127643.)
  24. 127643.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 6.1. Reproductive Health Protection [127640 - 127643] ( Chapter 6.1 added by Stats. 2025, Ch. 105, Sec. 42. )

    Verify source ↗

    This chapter becomes inoperative on July 1, 2029, and is repealed on January 1, 2030.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 6.1. Reproductive Health Protection [127640 - 127643] ( Chapter 6.1 added by Stats. 2025, Ch. 105, Sec. 42. ) ## 127643. This chapter shall become inoperative on July 1, 2029, and, as of January 1, 2030, is repealed. (Added by Stats. 2025, Ch. 105, Sec. 42. (AB 144) Effective September 17, 2025. Repealed as of January 1, 2030, by its own provisions. Note: Repeal affects Chapter 6.1, commencing with Section 127640.)
  25. 127660.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 7. University of California Assessment on Legislation Proposing Mandated Benefits or Services [127660 - 127665] ( Chapter 7 added by Stats. 2002, Ch. 795, Sec. 2. )

    Verify source ↗

    The Legislature requests the University of California to run a health benefit review program and produce analyses of proposed mandated or repealed health benefits or services.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 7. University of California Assessment on Legislation Proposing Mandated Benefits or Services [127660 - 127665] ( Chapter 7 added by Stats. 2002, Ch. 795, Sec. 2. ) ## 127660. (a) The Legislature hereby requests the University of California to establish the California Health Benefit Review Program to assess legislation proposing to mandate a benefit or service, as defined in subdivision (d), and legislation proposing to repeal a mandated benefit or service, as defined in subdivision (e), and to prepare a written analysis with relevant data on the following: (1) Public health impacts, including, but not limited to, all of the following: (A) The impact on the health of the community, including the reduction of communicable disease and the benefits of prevention such as those provided by childhood immunizations and prenatal care. (B) The impact on the health of the community, including diseases and conditions where disparities in outcomes associated with the social determinants of health as well as gender, race, sexual orientation, or gender identity are established in peer-reviewed scientific and medical literature. (C) The extent to which the benefit or service reduces premature death and the economic loss associated with disease. (2) Medical impacts, including, but not limited to, all of the following: (A) The extent to which the benefit or service is generally recognized by the medical community as being effective in the screening, diagnosis, or treatment of a condition or disease, as demonstrated by a review of scientific and peer-reviewed medical literature. (B) The extent to which the benefit or service is generally available and utilized by treating physicians. (C) The contribution of the benefit or service to the health status of the population, including the results of any research demonstrating the efficacy of the benefit or service compared to alternatives, including not providing the benefit or service. (D) The extent to which mandating or repealing the benefits or services would not diminish or eliminate access to currently available health care benefits or services. (3) Financial impacts, including, but not limited to, all of the following: (A) The extent to which the coverage or repeal of coverage will increase or decrease the benefit or cost of the benefit or service. (B) The extent to which the coverage or repeal of coverage will increase the utilization of the benefit or service, or will be a substitute for, or affect the cost of, alternative benefits or services. (C) The extent to which the coverage or repeal of coverage will increase or decrease the administrative expenses of health care service plans and health insurers and the premium and expenses of subscribers, enrollees, and policyholders. (D) The impact of this coverage or repeal of coverage on the total cost of health care. (E) The impact of this coverage or repeal of coverage on anticipated costs or savings estimated upon implementation for one subsequent calendar year, or, if applicable, two subsequent calendar years through a long-range estimate. (F) The potential cost or savings to the private sector, including the impact on small employers as defined in paragraph (1) of subdivision (l) of Section 1357, the Public Employees’ Retirement System, other retirement systems funded by the state or by a local government, individuals purchasing individual health insurance, and publicly funded state health insurance programs, including the Medi-Cal program. (G) The extent to which costs resulting from lack of coverage or repeal of coverage are or would be shifted to other payers, including both public and private entities. (H) The extent to which mandating or repealing the proposed benefit or service would not diminish or eliminate access to currently available health care benefits or services. (I) The extent to which the benefit or service is generally utilized by a significant portion of the population. (J) The extent to which health care coverage for the benefit or service is already generally available. (K) The level of public demand for health care coverage for the benefit or service, including the level of interest of collective bargaining agents in negotiating privately for inclusion of this coverage in group contracts, and the extent to which the mandated benefit or service is covered by self-funded employer groups. (L) In assessing and preparing a written analysis of the financial impact of legislation proposing to mandate a benefit or service and legislation proposing to repeal a mandated benefit or service pursuant to this paragraph, the Legislature requests the University of California to use a certified actuary or other person with relevant knowledge and expertise to determine the financial impact. (4) The impact on essential health benefits, as defined in Section 1367.005 of this code and Section 10112.27 of the Insurance Code, and the impact on the California Health Benefit Exchange. (b) The Legislature further requests that the California Health Benefit Review Program assess legislation that impacts health insurance benefit design, cost sharing, premiums, and other health insurance topics. (c) The Legislature requests that the University of California provide every analysis to the appropriate policy and fiscal committees of the Legislature not later than 60 days, or in a manner and pursuant to a timeline agreed to by the Legislature and the California Health Benefit Review Program, after receiving a request made pursuant to Section 127661. In addition, the Legislature requests that the university post every analysis on the Internet and make every analysis available to the public upon request. (d) As used in this section, “legislation proposing to mandate a benefit or service” means a proposed statute that requires a health care service plan or a health insurer, or both, to do any of the following: (1) Permit a person insured or covered under the policy or contract to obtain health care treatment or services from a particular type of health care provider. (2) Offer or provide coverage for the screening, diagnosis, or treatment of a particular disease or condition. (3) Offer or provide coverage of a particular type of health care treatment or service, or of medical equipment, medical supplies, or drugs used in connection with a health care treatment or service. (e) As used in this section, “legislation proposing to repeal a mandated benefit or service” means a proposed statute that would repeal an existing requirement that a health care service plan or a health insurer, or both, do any of the following: (1) Permit a person insured or covered under the policy or contract to obtain health care treatment or services from a particular type of health care provider. (2) Offer or provide coverage for the screening, diagnosis, or treatment of a particular disease or condition. (3) Offer or provide coverage of a particular type of health care treatment or service, or of medical equipment, medical supplies, or drugs used in connection with a health care treatment or service. (Amended by Stats. 2025, Ch. 318, Sec. 1. (SB 439) Effective January 1, 2026. Inoperative July 1, 2033, pursuant to Section 127665. Repealed as of January 1, 2034, pursuant to Section 127665.)
  26. 127661.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 7. University of California Assessment on Legislation Proposing Mandated Benefits or Services [127660 - 127665] ( Chapter 7 added by Stats. 2002, Ch. 795, Sec. 2. )

    Verify source ↗

    Certain legislative committee chairs and leaders may request an assessment, and they must forward the introduced bill to the University of California.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 7. University of California Assessment on Legislation Proposing Mandated Benefits or Services [127660 - 127665] ( Chapter 7 added by Stats. 2002, Ch. 795, Sec. 2. ) ## 127661. A request pursuant to this chapter may be made by an appropriate policy or fiscal committee chairperson, the Speaker of the Assembly, or the President pro Tempore of the Senate, who shall forward the introduced bill to the University of California for assessment. (Added by Stats. 2002, Ch. 795, Sec. 2. Effective January 1, 2003. Inoperative July 1, 2033, pursuant to Section 127665. Repealed as of January 1, 2034, pursuant to Section 127665.)
  27. 127662.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 7. University of California Assessment on Legislation Proposing Mandated Benefits or Services [127660 - 127665] ( Chapter 7 added by Stats. 2002, Ch. 795, Sec. 2. )

    Verify source ↗

    This section creates the Health Care Benefits Fund and requires certain health care service plans and health insurers to pay an annual fee assessed by state departments.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 7. University of California Assessment on Legislation Proposing Mandated Benefits or Services [127660 - 127665] ( Chapter 7 added by Stats. 2002, Ch. 795, Sec. 2. ) ## 127662. (a) In order to effectively support the University of California and its work in implementing this chapter, there is hereby established in the State Treasury, the Health Care Benefits Fund. The university’s work in providing the bill analyses shall be supported from the fund. (b) For the 2026–27 to 2032–33 fiscal years, inclusive, each health care service plan, except a specialized health care service plan, and each health insurer offering health insurance, as defined in Section 106 of the Insurance Code, shall be assessed an annual fee in an amount determined through regulation. The amount of the fee shall be determined by the Department of Managed Health Care and the Department of Insurance in consultation with the university and shall be limited to the amount necessary to fund the actual and necessary expenses of the university and its work in implementing this chapter. The total annual assessment on health care service plans and health insurers shall not exceed three million two hundred thousand dollars ($3,200,000). (c) The Department of Managed Health Care and the Department of Insurance, in coordination with the university, shall assess the health care service plans and health insurers, respectively, for the costs required to fund the university’s activities pursuant to subdivision (b). (1) Health care service plans shall be notified of the assessment on or before June 15 of each year with the annual assessment notice issued pursuant to Section 1356. The assessment pursuant to this section is separate and independent of the assessments in Section 1356. (2) Health insurers shall be noticed of the assessment in accordance with the notice for the annual assessment or quarterly premium tax revenues. (3) The assessed fees required pursuant to subdivision (b) shall be paid on an annual basis no later than August 1 of each year. The Department of Managed Health Care and the Department of Insurance shall forward the assessed fees to the Controller for deposit in the Health Care Benefits Fund immediately following their receipt. (4) “Health insurance,” as used in this subdivision, does not include Medicare supplement, vision-only, dental-only, or CHAMPUS supplement insurance, or hospital indemnity, accident-only, or specified disease insurance that does not pay benefits on a fixed benefit, cash payment only basis. (Amended by Stats. 2025, Ch. 318, Sec. 2. (SB 439) Effective January 1, 2026. Inoperative July 1, 2033, pursuant to Section 127665. Repealed as of January 1, 2034, pursuant to Section 127665.)
  28. 127663.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 7. University of California Assessment on Legislation Proposing Mandated Benefits or Services [127660 - 127665] ( Chapter 7 added by Stats. 2002, Ch. 795, Sec. 2. )

    Verify source ↗

    The Legislature requests the University of California to create and carry out conflict-of-interest rules that bar a person from taking part in an analysis when they know, or should know, they have a material financial interest.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 7. University of California Assessment on Legislation Proposing Mandated Benefits or Services [127660 - 127665] ( Chapter 7 added by Stats. 2002, Ch. 795, Sec. 2. ) ## 127663. In order to avoid conflicts of interest, the Legislature requests the University of California to develop and implement conflict-of-interest provisions to prohibit a person from participating in any analysis in which the person knows or has reason to know he or she has a material financial interest, including, but not limited to, a person who has a consulting or other agreement with a person or organization that would be affected by the legislation. (Added by Stats. 2002, Ch. 795, Sec. 2. Effective January 1, 2003. Inoperative July 1, 2033, pursuant to Section 127665. Repealed as of January 1, 2034, pursuant to Section 127665.)
  29. 127665.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 7. University of California Assessment on Legislation Proposing Mandated Benefits or Services [127660 - 127665] ( Chapter 7 added by Stats. 2002, Ch. 795, Sec. 2. )

    Verify source ↗

    This chapter becomes inoperative on July 1, 2033 and is repealed on January 1, 2034.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 7. University of California Assessment on Legislation Proposing Mandated Benefits or Services [127660 - 127665] ( Chapter 7 added by Stats. 2002, Ch. 795, Sec. 2. ) ## 127665. This chapter shall become inoperative on July 1, 2033, and, as of January 1, 2034, is repealed. (Amended by Stats. 2025, Ch. 318, Sec. 3. (SB 439) Effective January 1, 2026. Repealed as of January 1, 2034, by its own provisions. Note: Repeal affects Chapter 7, commencing with Section 127660.)
  30. 127671.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 8.5. Health Care Payments Data Program [127671 - 127674.1] ( Heading of Chapter 8.5 amended by Stats. 2020, Ch. 12, Sec. 11. )

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    This section says California intends to create a Health Care Payments Data System to collect and use health care cost, utilization, quality, and equity data, with privacy preserved.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 8.5. Health Care Payments Data Program [127671 - 127674.1] ( Heading of Chapter 8.5 amended by Stats. 2020, Ch. 12, Sec. 11. ) ## 127671. (a) The Legislature finds and declares that California has a substantial public interest in the price, cost, utilization, equity, and quality of health care services. California is a major purchaser of health coverage through the Public Employees’ Retirement System, the State Department of Health Care Services, the Department of General Services, the Department of Corrections and Rehabilitation, the California Health Benefit Exchange, and other entities acting on behalf of a state purchaser. California also provides major tax expenditures through the tax exclusion of employer-sponsored coverage and tax deductibility of coverage purchased by individuals, as well as tax deductibility of excess health care costs for individuals and families. (b) It is the intent of the Legislature in enacting this chapter to establish a system to collect information regarding health care costs, utilization, quality, and equity. Health care data is reported and collected through many disparate systems. Creating a process to aggregate and use this data will provide greater transparency regarding health care costs, utilization, quality, and equity, and the information may be used to inform policy decisions regarding the provision of quality health care, improving public health, reducing disparities, advancing health coverage, reducing health care costs, oversight of the health care system and health care companies, and providing public benefit for Californians and the state, while preserving consumer privacy. (c) It is the intent of the Legislature to improve data transparency to achieve a sustainable health care system with more equitable access to affordable and quality health care for all. (d) It is the intent of the Legislature in enacting this chapter to encourage state agencies, researchers, health care service plans, health insurers, providers, suppliers, and other stakeholders to use this data to develop innovative approaches, services, and programs that may have the potential to deliver health care that is both cost effective and responsive to the needs of enrollees, including recognizing the diversity of California and the impact of social determinants of health. (e) It is the intent of the Legislature that the development of a Health Care Payments Data System be substantially completed no later than July 1, 2023, pursuant to this chapter. (f) For purposes of this chapter: (1) “Director” means the Director of the Department of Health Care Access and Information. (2) “Fund” means the Health Care Payments Data Fund established pursuant to Section 127674. (3) “Department” means the Department of Health Care Access and Information. (4) “Program” means the Health Care Payments Data Program established pursuant to Section 127671.1. (5) “Qualified applicants” includes state agencies, mandatory submitters, established nonprofit research institutions, the University of California, nonprofit educational institutions, providers, suppliers, labor unions, self-insured multiemployer plans that submit data to the system, and consumer organizations certified for the Consumer Participation Program administered by the Department of Managed Health Care pursuant to Section 1348.9 that have been awarded reasonable advocacy and witness fees in a proceeding or proceedings of the department. (6) “Research” has the same meaning as defined in Section 164.501 of Title 45 of the Code of Federal Regulations. (7) “System” means the Health Care Payments Data System. (Amended by Stats. 2021, Ch. 143, Sec. 89. (AB 133) Effective July 27, 2021.)
  31. 127671.1.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 8.5. Health Care Payments Data Program [127671 - 127674.1] ( Heading of Chapter 8.5 amended by Stats. 2020, Ch. 12, Sec. 11. )

    Verify source ↗

    The department must establish and run the Health Care Payments Data Program, and the system must collect data on all California residents as far as feasible and permissible under privacy and other applicable laws.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 8.5. Health Care Payments Data Program [127671 - 127674.1] ( Heading of Chapter 8.5 amended by Stats. 2020, Ch. 12, Sec. 11. ) ## 127671.1. (a) The department shall establish, implement, and administer the Health Care Payments Data Program to implement and administer the system in accordance with this chapter. (b) The system shall collect data on all California residents to the extent feasible and permissible subject to the state constitutional right to privacy and any other applicable state or federal law. (Amended by Stats. 2021, Ch. 143, Sec. 90. (AB 133) Effective July 27, 2021.)
  32. 127672.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 8.5. Health Care Payments Data Program [127671 - 127674.1] ( Heading of Chapter 8.5 amended by Stats. 2020, Ch. 12, Sec. 11. )

    Verify source ↗

    The department must convene a Health Care Payments Data Program advisory committee, and the committee must meet, advise the director, and follow limits on size, membership, meetings, and conflicts.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 8.5. Health Care Payments Data Program [127671 - 127674.1] ( Heading of Chapter 8.5 amended by Stats. 2020, Ch. 12, Sec. 11. ) ## 127672. (a) (1) The Department of Health Care Access and Information shall convene a Health Care Payments Data Program advisory committee, composed of health care stakeholders and experts, including, but not limited to, all of the following: (A) Health care service plans, including specialized health care service plans. (B) Insurers that have a certificate of authority from the Insurance Commissioner to provide health insurance, as defined in Section 106 of the Insurance Code. (C) Suppliers, as defined in paragraph (3) of subdivision (b) of Section 1367.50. (D) Providers, as defined in paragraph (2) of subdivision (b) of Section 1367.50. (E) Self-insured employers. (F) Multiemployer self-insured plans that are responsible for paying for health care services provided to beneficiaries or the trust administrator for a multiemployer self-insured plan. (G) Businesses that purchase health care coverage for their employees. (H) Organized labor. (I) Organizations representing consumers. (J) Pharmacy benefit managers, as defined in Section 127673.05. (2) The advisory committee shall consist of no fewer than 10 and no more than 12 persons. (3) In addition to the members specified by paragraph (2), the director of the department, the director of the State Department of Health Care Services, and the executive director of the California Health Benefit Exchange, or their officially designated representatives, shall be nonvoting ex officio members of the advisory committee. (4) Each appointed member shall serve a term of two years, except one-half of the initial appointments shall be for one year. Each appointed member shall serve at the discretion of the director and may be removed at any time. (5) The chairperson of the advisory committee shall be an appointed member and shall be elected by a majority of the appointed members. (6) The advisory committee shall meet at least quarterly or when requested by the director. (7) The advisory committee shall assist and advise the director in formulating program policies regarding data collection, management, use, and access, and development of public information to meet the goals of the program. The advisory committee shall, through its meetings, provide a forum for stakeholder and public engagement. Upon request of the director, the advisory committee may assist and advise on the department’s other data programs. (8) On or before July 1, 2024, the advisory committee shall make recommendations to the department on how existing state public health data functions may be integrated into the system. The advisory committee shall also recommend options for state public health data integration. These recommendations shall be published on the department’s internet website. (9) The advisory committee shall not have decisionmaking authority related to the administration of the system and shall not have a financial interest, individually or through a family member, in the recommendations made to the department. The advisory committee shall hold public meetings with stakeholders, solicit input, and set its own meeting agendas. Meetings of the advisory committee are subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (10) The members of the advisory committee appointed from outside government shall serve without compensation, but shall receive a per diem for each day’s attendance at an advisory committee meeting. All members shall be reimbursed for any actual and necessary expenses incurred in connection with their duties as members of the committee. (b) The department may convene other committees or workgroups as necessary to support effective operation of the system. These committees may be standing committees or time-limited workgroups, at the discretion of the director. (Amended by Stats. 2025, Ch. 21, Sec. 39. (AB 116) Effective June 30, 2025.)
  33. 127672.8.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 8.5. Health Care Payments Data Program [127671 - 127674.1] ( Heading of Chapter 8.5 amended by Stats. 2020, Ch. 12, Sec. 11. )

    Verify source ↗

    The department must make sure the system can map to other datasets, including public health datasets and data on morbidity, mortality, and social determinants of health.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 8.5. Health Care Payments Data Program [127671 - 127674.1] ( Heading of Chapter 8.5 amended by Stats. 2020, Ch. 12, Sec. 11. ) ## 127672.8. The department shall ensure that the system can map to other datasets, including public health datasets on morbidity and mortality, and data regarding the social determinants of health. (Amended by Stats. 2021, Ch. 143, Sec. 92. (AB 133) Effective July 27, 2021.)
  34. 127672.9.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 8.5. Health Care Payments Data Program [127671 - 127674.1] ( Heading of Chapter 8.5 amended by Stats. 2020, Ch. 12, Sec. 11. )

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    The department may enter into exclusive or nonexclusive contracts on a bid or negotiated basis until June 30, 2028, to implement this chapter.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 8.5. Health Care Payments Data Program [127671 - 127674.1] ( Heading of Chapter 8.5 amended by Stats. 2020, Ch. 12, Sec. 11. ) ## 127672.9. Until June 30, 2028, for purposes of implementing this chapter, including, but not limited to, hiring staff and consultants, facilitating and conducting meetings, conducting research and analysis, and developing the required reports, the department may enter into exclusive or nonexclusive contracts on a bid or negotiated basis. Contracts entered into or amended pursuant to this section are exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and are exempt from the review or approval of any division of the Department of General Services. (Amended by Stats. 2025, Ch. 21, Sec. 40. (AB 116) Effective June 30, 2025.)
  35. 127673.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 8.5. Health Care Payments Data Program [127671 - 127674.1] ( Heading of Chapter 8.5 amended by Stats. 2020, Ch. 12, Sec. 11. )

    Verify source ↗

    The department must develop guidance and regulations for health care data submission, and certain submitters must provide specified data to the department.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 8.5. Health Care Payments Data Program [127671 - 127674.1] ( Heading of Chapter 8.5 amended by Stats. 2020, Ch. 12, Sec. 11. ) ## 127673. (a) The department shall develop guidance to require data submission from the entities specified in this chapter. The guidance shall include a methodology for the collection, validation, refinement, analysis, comparison, review, and improvement of health care data to be submitted by entities specified in this chapter, including, but not limited to, data from fee-for-service, capitated, integrated delivery system, and other alternative, value-based, payment sources, and any other form of payment to health care providers and suppliers by health plans, health insurers, or other entities described in this chapter. (b) Notwithstanding any other state law, for the purpose of providing information for inclusion in the system, mandatory submitters shall, and voluntary submitters may, provide health care data, including claim and encounter, member enrollment, provider and supplier information, nonclaims-based payments, premiums, and pharmacy rebate data, and provide all of the following to the department: (1) Utilization data from the health care service plans’ and insurers’ medical payments or, in the case of entities that do not use payments data, including, but not limited to, integrated delivery systems, encounter data consistent with the core set of data elements for data submission proposed by the All-Payer Claims Database Council, the University of New Hampshire, and the National Association of Health Data Organizations. (2) Pricing information for health care items, services, and medical and surgical episodes of care gathered from payments for covered health care items and services, including contracted rates, allowed amounts, fee schedules, and other information regarding the cost of care necessary to determine the amounts paid by health plans, health insurers, and public programs to health care providers, suppliers, and other entities. This shall include nonclaims-based payment information such as deductibles, copayments, and coinsurance and other information as needed to determine the total cost of care. (3) Personally identifiable information that the mandatory submitter is otherwise required to collect, which may include detailed patient identifiers such as first and last name, address, date of birth, gender or gender identity, and Social Security Number or individual taxpayer identification number, in order to support analyses, including, but not limited to, longitudinal, public health impacts, and social determinants of health analyses. Personally identifiable information shall be subject to the privacy protections of this chapter and shall not be publicly available, except as specified in this chapter. (4) Personal health information that the mandatory submitter is otherwise required to collect, which may include age, gender, gender identity, race, ethnicity, sexual orientation, health status, health condition, and any other data elements that constitute personal health information in this chapter. (c) For purposes of this chapter, “mandatory submitters” include all of the following: (1) A health care service plan, including a specialized health care service plan. (2) An insurer licensed to provide health insurance, as defined in Section 106 of the Insurance Code, including dental-only insurance. (3) A self-insured plan subject to Section 1349.2, or a state entity, city, county, or other political subdivision of the state, or a public joint labor management trust, that offers self-insured or multiemployer-insured plans that pay for or reimburse any part of the cost of health care services. (4) The State Department of Health Care Services, for those enrolled in Medi-Cal and other insurance affordability programs, whether enrolled in Medi-Cal managed care, fee-for-service Medi-Cal, or any other payment arrangement. (d) The department will accept, at its discretion, voluntarily submitted data. For purposes of this chapter, “voluntary submitters” include, but are not limited to: (1) A self-insured employer that is not subject to Section 1349.2. (2) A multiemployer self-insured plan that is responsible for paying for health care services provided to beneficiaries. (3) The trust administrator for a multiemployer self-insured plan. (4) A provider, as defined in paragraph (2) of subdivision (b) of Section 1367.50, that is a hospital or clinic. (5) A supplier, as defined in paragraph (3) of subdivision (b) of Section 1367.50, that has an independent scope of practice and submits claims electronically. (e) On or before December 31, 2021, the department shall adopt emergency regulations pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 to implement this chapter, including on all of the following: (1) Plan size thresholds for submitters, with consideration given to implementation costs for both the submitter and the department. Thresholds shall not apply to qualified health plans offered by the California Health Benefit Exchange or submitters covering more than a total of 50,000 Californians through both Medicare Advantage plans and the private plans and insurance described in subdivision (b). (2) Required and exempted lines of business. (3) Coordination of submission in cases where submitters contract with other entities to administer health care benefits. (4) The content, file formats, and timelines for data submission, and the methods of data collection. In the development of regulations, the department shall consider national, regional, and other all-payer claims databases’ standards. (5) Frequency of submission by health plans, insurers, and other mandatory submitters of all core data, including claims, encounters, eligibility, and provider files. (6) Frequency of submission of nonclaims payment data files. (f) The initial adoption, by the department, of regulations implementing subdivision (e) shall be deemed to be an emergency and necessary to avoid serious harm to the public peace, health, safety, or general welfare for purposes of Sections 11346.1 and 11349.6 of the Government Code. Any emergency regulation adopted pursuant to this section shall be repealed by operation of law unless the adoption, amendment, or repeal of the regulation is promulgated by the department pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code within two years of the initial adoption of the emergency regulation. After the adoption of the emergency regulation pursuant to subdivision (e), the department may thereafter establish regulations pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (g) (1) A qualified health plan shall submit information either directly or through the California Health Benefit Exchange, as determined by the exchange. (2) The State Department of Health Care Services shall submit information for those enrolled in Medi-Cal and other insurance affordability programs, whether enrolled in Medi-Cal managed care, fee-for-service Medi-Cal, or any other payment arrangement. (h) (1) In its initial implementation, the department shall seek data for the three years prior to the effective date of this chapter. (2) In ongoing administration of the system, the department shall provide data for no less than three years and may seek data for longer time periods to support the intent of this chapter. (i) To the extent possible, the department shall incorporate into the system any data collected by the department from providers and suppliers, including hospital discharge abstract data records and emergency care data records provided to the department by health facilities and ambulatory surgery data records provided to the department by ambulatory surgical centers. (j) The department may accept and incorporate into the system any available information that will further the goals of the program. (k) (1) On or before March 1, 2024, the department shall submit a report to the Legislature that includes all of the following: (A) Claims data reported by mandatory submitters. (B) Claims data reported by voluntary submitters. (C) Data on the covered lives reported, percentage of the population for which the department has data, the number of self-insured plans, providers and suppliers who have voluntarily submitted data, variation of completeness of data across geographic regions, such as the California Health Benefit Exchange’s rating regions, the extent of data submitted on hospitals, physicians, and physician groups, the extent to which mandatory and voluntary submitters are submitting data specified in subdivision (b), frequency of submission of all core data, including claims, encounters, eligibility, and provider files, frequency of submission of nonclaims payment data files, and any other information that is available to determine if hospital and physician data are captured. (D) A cost estimate if providers and suppliers become mandatory submitters. (E) The number of data requests from qualified applicants and their data uses. (2) The department may request the data release committee established pursuant to Section 127673.84 to assist with the report. (3) The report shall be submitted in compliance with Section 9795 of the Government Code. (l) Entities regulated pursuant to Article 4.7 (commencing with Section 742.20) of Part 2 of Division 1 of the Insurance Code are exempt from this chapter. (m) The program performs public health activities described in subdivision (b) of Section 164.512 of Title 45 of the Code of Federal Regulations. The information collected in accordance with this chapter is necessary to carry out projects with public health purposes. (n) Article 8 (commencing with Section 1798.30) of Chapter 1 of Title 1.8 of Part 4 of Division 3 of the Civil Code shall not apply to records and personal information collected by the system pursuant to this section. (Amended by Stats. 2021, Ch. 143, Sec. 94. (AB 133) Effective July 27, 2021.)
  36. 127673.05.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 8.5. Health Care Payments Data Program [127671 - 127674.1] ( Heading of Chapter 8.5 amended by Stats. 2020, Ch. 12, Sec. 11. )

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    Pharmacy benefit managers must give the department drug-pricing and payment-related data, and the department must issue implementation regulations.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 8.5. Health Care Payments Data Program [127671 - 127674.1] ( Heading of Chapter 8.5 amended by Stats. 2020, Ch. 12, Sec. 11. ) ## 127673.05. (a) For purposes of this section, “pharmacy benefits manager” or “PBM” means an entity that is required to be licensed pursuant to Section 1385.008. (b) Notwithstanding any other state law, for the purpose of providing information for inclusion in the system, PBMs shall provide to the department data regarding drug pricing, the fees paid for pharmacy benefit management services, payments or rebates to or from pharmacy benefits managers regarding drugs or services, and other information as needed to provide transparency on pricing and payments related to prescription drugs. This may include all of the following: (1) Drug codes, names, therapeutic category, and manufacturer. (2) Wholesale acquisition costs. (3) Average wholesale prices. (4) National average drug acquisition cost. (5) Fees paid to pharmacy benefit managers by manufacturers, health care service plans, health insurers, employers, and pharmacies. (6) Prescription counts. (7) Member counts. (8) Payment amounts collected and paid by pharmacy benefit managers. (9) Discounts and rebate amounts collected and paid by pharmacy benefit managers. (10) Information grouped by National Drug Code and Generic Product Identifier. (11) Information grouped by pharmacies owned by, or under common control of, the pharmacy benefit manager and pharmacies not owned by, or under common control of, the pharmacy benefit manager. (12) Information grouped by business relationship, including by exclusive relationships under a contract, agreement, or other arrangement between a pharmacy benefit manager and a pharmaceutical manufacturer to exclusively dispense or provide a drug to a health care service plan’s or health insurer’s employees, enrollees, or insureds. (13) Information needed to calculate any of the following: (A) The number of participants or beneficiaries who filled a prescription. (B) Total out-of-pocket spending by participants or beneficiaries. (C) Total net price by drug. (D) Payer total net spending by drug. (E) Payer average net spending per 30-day and 90-day supply. (F) Percentage of prescriptions dispensed by pharmacies owned by, or under common control of, the pharmacy benefit manager. (G) Comparisons of the amounts charged to patients and payers by pharmacies owned by, or under common control of, the pharmacy benefit manager, with the amounts charged by pharmacies not owned by, or under common control of, the pharmacy benefit manager. (H) Average sales price of drugs dispensed at pharmacies owned by, or under common control of, the pharmacy benefit manager. (I) Average wholesale acquisition cost of drugs dispensed at pharmacies owned by, or under common control of, the pharmacy benefit manager. (J) Average drug acquisition cost per dosage unit of drugs dispensed at pharmacies owned by, or under common control of, the pharmacy benefit manager. (K) Average drug acquisition cost per 30-day and 90-day supply. (c) The department shall promulgate regulations for the purpose of carrying out this section, including regulations relating to the content, file formats, frequency, and timelines for data submission by pharmacy benefit managers. In the development of regulations, the department may consider national or regional standards and standards from other databases. (d) Until January 1, 2028, any necessary rules and regulations for the purpose of implementing this section may be adopted as emergency regulations in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of emergency regulations pursuant to this section shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. (e) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, including subdivisions (e) and (h) of Section 11346.1 of the Government Code, an emergency regulation adopted pursuant to this section shall be repealed by operation of law unless the adoption, amendment, or repeal of the regulation is promulgated by the office pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code within two years of the initial adoption of the emergency regulation. (f) In its initial implementation of this section, the department shall seek historical data for three years before the effective date of the regulations described in subdivision (d). (g) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2025, Ch. 21, Sec. 41. (AB 116) Effective June 30, 2025.)
  37. 127673.1.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 8.5. Health Care Payments Data Program [127671 - 127674.1] ( Heading of Chapter 8.5 amended by Stats. 2020, Ch. 12, Sec. 11. )

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    The department must report chapter information in a way that allows valid comparisons across care delivery systems and must develop policies and procedures for the data submission format and type. Entities that submit health care data must submit complete and accurate data directly to the system and help data owners submit data.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 8.5. Health Care Payments Data Program [127671 - 127674.1] ( Heading of Chapter 8.5 amended by Stats. 2020, Ch. 12, Sec. 11. ) ## 127673.1. (a) (1) The department shall report the information it receives pursuant to this chapter in a form that allows valid comparisons across care delivery systems. (2) The department shall develop policies and procedures to outline the format and type of data to be submitted pursuant to this chapter. (b) All entities submitting health care data are responsible for submitting complete and accurate data directly to the system and facilitating data submissions from data owners, including, but not limited to, data feeds from pharmacy benefit managers, behavioral health organizations, and any subsidiaries, affiliates, or subcontractors that a submitter has contracted with for services covered by this chapter. (Amended by Stats. 2021, Ch. 143, Sec. 95. (AB 133) Effective July 27, 2021.)
  38. 127673.2.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 8.5. Health Care Payments Data Program [127671 - 127674.1] ( Heading of Chapter 8.5 amended by Stats. 2020, Ch. 12, Sec. 11. )

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    The department or its designee must consult with state and federal entities when needed, state entities must help by providing access to needed datasets, and the department must seek and, where possible, incorporate Medicare enrollee data and accept voluntary-submitter data in the office-specified format.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 8.5. Health Care Payments Data Program [127671 - 127674.1] ( Heading of Chapter 8.5 amended by Stats. 2020, Ch. 12, Sec. 11. ) ## 127673.2. (a) In the development of the system, the department or its designee shall consult with state and federal entities, as necessary, to implement the program. State entities shall assist and provide to the department access to datasets needed to effectuate the intent of this chapter. (b) The department shall seek data on Medicare enrollees from the federal Centers for Medicare and Medicaid Services and shall incorporate that data, to the extent possible. (c) The department shall accept data from voluntary submitters if it is provided in a manner and format specified by the office. (Amended by Stats. 2021, Ch. 143, Sec. 96. (AB 133) Effective July 27, 2021.)
  39. 127673.3.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 8.5. Health Care Payments Data Program [127671 - 127674.1] ( Heading of Chapter 8.5 amended by Stats. 2020, Ch. 12, Sec. 11. )

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    The department must create and maintain several master health data indexes and supplement them with specified public and private data sources.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 8.5. Health Care Payments Data Program [127671 - 127674.1] ( Heading of Chapter 8.5 amended by Stats. 2020, Ch. 12, Sec. 11. ) ## 127673.3. (a) The department shall develop and maintain a master person index, a master index of providers and suppliers, and a master payer index that will enable the matching of California residents longitudinally and across coverage sources, and will enable the matching of providers and suppliers across practice arrangements, payment sources, and regulators. (b) The department shall supplement these indices with data from other public and private sources, such as the following: (1) Other data maintained by the department. (2) Vital statistics. (3) Facility licensure data from the State Department of Public Health. (4) Health professional licensure data from the Department of Consumer Affairs. (5) Private sources of valid and reliable data, such as a provider and supplier directory utility if it is demonstrably accurate over time. (Amended by Stats. 2021, Ch. 143, Sec. 97. (AB 133) Effective July 27, 2021.)
  40. 127673.4.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 8.5. Health Care Payments Data Program [127671 - 127674.1] ( Heading of Chapter 8.5 amended by Stats. 2020, Ch. 12, Sec. 11. )

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    The department must develop and publicly share data quality and improvement regulations, apply data quality processes across the system life cycle, and provide reporting on request and to an advisory committee.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 8.5. Health Care Payments Data Program [127671 - 127674.1] ( Heading of Chapter 8.5 amended by Stats. 2020, Ch. 12, Sec. 11. ) ## 127673.4. (a) The department shall develop regulations on data quality and improvement processes and shall make these processes publicly available. (b) Data quality processes shall be applied to each major phase of the system life cycle, including, but not limited to: (1) Source data intake. (2) Data conversion and processing. (3) Data analysis, reporting, and release. (4) Other data processes necessary for the system. (c) The department shall provide, upon request of an interested party, to the interested party, and shall regularly report to the health care data policy advisory committee, information on data quality and data quality improvement processes, including, but not limited to, the following: (1) Descriptions of processes and methodologies. (2) Periodic updates on known issues and the implications of the issues for data quality and data availability. (3) Other impediments to the functioning of the system. (Amended by Stats. 2021, Ch. 143, Sec. 98. (AB 133) Effective July 27, 2021.)
  41. 127673.5.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 8.5. Health Care Payments Data Program [127671 - 127674.1] ( Heading of Chapter 8.5 amended by Stats. 2020, Ch. 12, Sec. 11. )

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    The department must develop policies on data aggregation and on protecting individual confidentiality, privacy, and security for consumers and patients.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 8.5. Health Care Payments Data Program [127671 - 127674.1] ( Heading of Chapter 8.5 amended by Stats. 2020, Ch. 12, Sec. 11. ) ## 127673.5. (a) (1) The purpose of the system is to learn about and seek to improve public health, population health, social determinants of health, and the health care system, not about individual patients. (2) All policies and procedures developed in implementing this chapter shall ensure that the privacy, security, and confidentiality of consumers’ individually identifiable health information is protected, consistent with state and federal privacy laws. (b) The department shall develop policies regarding data aggregation and the protection of individual confidentiality, privacy, and security for individual consumers and patients. (Amended by Stats. 2021, Ch. 143, Sec. 99. (AB 133) Effective July 27, 2021.)
  42. 127673.6.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 8.5. Health Care Payments Data Program [127671 - 127674.1] ( Heading of Chapter 8.5 amended by Stats. 2020, Ch. 12, Sec. 11. )

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    The department must develop an information security program that uses existing state standards and complies with applicable state and federal laws.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 8.5. Health Care Payments Data Program [127671 - 127674.1] ( Heading of Chapter 8.5 amended by Stats. 2020, Ch. 12, Sec. 11. ) ## 127673.6. The department shall develop an information security program that uses existing state standards and complies with applicable state and federal laws. (Amended by Stats. 2021, Ch. 143, Sec. 100. (AB 133) Effective July 27, 2021.)
  43. 127673.7.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 8.5. Health Care Payments Data Program [127671 - 127674.1] ( Heading of Chapter 8.5 amended by Stats. 2020, Ch. 12, Sec. 11. )

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    The department must include specified health care data categories in an annual analysis.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 8.5. Health Care Payments Data Program [127671 - 127674.1] ( Heading of Chapter 8.5 amended by Stats. 2020, Ch. 12, Sec. 11. ) ## 127673.7. The department shall include in an annual analysis, such as, but not limited to, the following: (a) Population and regional level data on prevention, screening, and wellness utilization. (b) Population and regional level data on chronic conditions, management, and outcomes. (c) Population and regional level data on trends in utilization of procedures for treatment of similar conditions to evaluate medical appropriateness. (d) Regional variation in payment level for the treatment of identified chronic conditions. (e) Data regarding hospital and nonhospital payments, including inpatient, outpatient, and emergency department payments and nonhospital ambulatory service data. (Amended by Stats. 2021, Ch. 143, Sec. 101. (AB 133) Effective July 27, 2021.)
  44. 127673.8.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 8.5. Health Care Payments Data Program [127671 - 127674.1] ( Heading of Chapter 8.5 amended by Stats. 2020, Ch. 12, Sec. 11. )

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    The department must publish program data information, get input from the advisory committee, keep copies of custom reports, and protect patient and consumer privacy.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 8.5. Health Care Payments Data Program [127671 - 127674.1] ( Heading of Chapter 8.5 amended by Stats. 2020, Ch. 12, Sec. 11. ) ## 127673.8. (a) The department shall use the program data to produce publicly available information, including data products, summaries, analyses, studies, and other reports, to support the goals of the program. The department shall receive input on priorities for the public information portfolio from the advisory committee. The department may establish a pricing mechanism for data products. (b) The department may establish a public liaison function through which individuals may submit requests for specific products or analyses. The department may establish a pricing mechanism for custom reports. The department shall maintain copies of custom reports as part of the program public information portfolio. (c) The department may establish a research program to conduct research, as defined in Section 164.501 of Title 45 of the Code of Federal Regulations, to support program policy goals. (d) Publicly available data products and reports shall protect patient and consumer privacy. (Amended by Stats. 2021, Ch. 143, Sec. 102. (AB 133) Effective July 27, 2021.)
  45. 127673.81.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 8.5. Health Care Payments Data Program [127671 - 127674.1] ( Heading of Chapter 8.5 amended by Stats. 2020, Ch. 12, Sec. 11. )

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    Health care payments data and personal consumer information must be kept confidential, with limited disclosure and use rules.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 8.5. Health Care Payments Data Program [127671 - 127674.1] ( Heading of Chapter 8.5 amended by Stats. 2020, Ch. 12, Sec. 11. ) ## 127673.81. (a) (1) All personal consumer information obtained or maintained by the program shall be confidential. (2) Only deidentified aggregate patient or other consumer data shall be included in a publicly available analysis, data product, or research. (b) All policies and procedures developed in implementing this chapter shall ensure that the privacy, security, and confidentiality of consumers’ individually identifiable health information is protected, consistent with state and federal privacy laws, including the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA)(Public Law 104-191) and the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code), and data shall not be disclosed until the department has developed a policy regarding the release of data. (c) (1) The system and all program data shall be exempt from the disclosure requirements of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), and shall not be made available except pursuant to this chapter. (2) The department shall develop policies and procedures for the disclosure of information described in paragraph (2) of subdivision (a). (d) Program data shall not be used for determinations regarding individual patient care or treatment and shall not be used for any individual eligibility or coverage decisions or similar purposes. (Amended by Stats. 2022, Ch. 28, Sec. 106. (SB 1380) Effective January 1, 2023.)
  46. 127673.82.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 8.5. Health Care Payments Data Program [127671 - 127674.1] ( Heading of Chapter 8.5 amended by Stats. 2020, Ch. 12, Sec. 11. )

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    The department must create and run a program for accessing and releasing nonpublic health care payments data, including agreements, a secure research environment, pricing, and request-tracking processes.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 8.5. Health Care Payments Data Program [127671 - 127674.1] ( Heading of Chapter 8.5 amended by Stats. 2020, Ch. 12, Sec. 11. ) ## 127673.82. (a) The department shall develop a comprehensive program for data use, access, and release that includes data use agreements that require data users to comply with this chapter. The purpose of the data use, access, and release program is to ensure that only aggregated, deidentified information is publicly accessible. (b) Access to nonpublic data shall be governed by the data use, access, and release program. (c) To meet the research and policy goals of the program, controlled access to nonpublic data by outside data analysts, researchers, and other qualified applicants is necessary. (d) The department shall establish a secure research environment for access to potentially identifiable information. The environment shall include access controls sufficient to ensure that users access only the data specified in an approved data request and that personal information is protected from unapproved use. (e) The department shall, with the advice of the advisory committee and data release committee, develop criteria, policies, and procedures for access to and release of nonpublic data. The policies shall be designed to recognize a patient’s right of privacy and shall include at least the privacy protection standards specified in Section 127673.83. (f) The department shall establish a pricing mechanism for the use of nonpublic data. (g) The department shall maintain information about requests and the disposition of requests, and shall develop processes for the timely consideration and release of nonpublic data. (Amended by Stats. 2021, Ch. 143, Sec. 104. (AB 133) Effective July 27, 2021.)
  47. 127673.83.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 8.5. Health Care Payments Data Program [127671 - 127674.1] ( Heading of Chapter 8.5 amended by Stats. 2020, Ch. 12, Sec. 11. )

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    Users with access to nonpublic data must only see the minimum necessary data and must sign a data use agreement; the department must limit release outside the secure environment.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 8.5. Health Care Payments Data Program [127671 - 127674.1] ( Heading of Chapter 8.5 amended by Stats. 2020, Ch. 12, Sec. 11. ) ## 127673.83. (a) In accessing or obtaining nonpublic data through the secure environment, users shall only have access to the minimum amount of potentially identifiable data necessary for an approved project or access to a dataset designed for an approved purpose. Each person who accesses or obtains nonpublic personal data shall sign a data use agreement. Violation of a data use agreement shall be considered a violation of Section 1798.56 of the Civil Code and, if applicable, Section 1798.57 of the Civil Code. (b) Access to data in the secure research environment shall be permissible as follows: (1) If the data does not include any of the direct personal identifiers listed in Section 164.514(e) of Title 45 of the Code of Federal Regulations, access may be provided to qualified applicants for research and analysis purposes consistent with program goals. (2) If the data includes any of the direct personal identifiers listed in Section 164.514(e) of Title 45 of the Code of Federal Regulations, access may be provided only to qualified applicants for research projects that offer significant opportunities to achieve program goals and meet all of the following criteria: (A) Project approval has been recommended by the data release committee. (B) The project has been approved by the Committee for the Protection of Human Subjects pursuant to subdivision (t) of Section 1798.24 of the Civil Code. Pursuant to that section, the department may release data to established nonprofit research institutions, the University of California, and other nonprofit educational institutions. (C) The requester has documented expertise with privacy protection and with the analysis of large sets of confidential data. (D) The research shall be made available to the department. (c) The department’s policies shall limit release or transmittal of personal information outside the secure environment. (1) The department may develop standardized limited datasets that do not include any of the direct personal identifiers listed in Section 164.514(e) of Title 45 of the Code of Federal Regulations, and have the minimum necessary personal information for types of purposes specified by the department. Standardized datasets may be transmitted to qualified applicants if the requester has documented expertise with privacy protection and with the analysis of large sets of confidential data, data security will meet the standards that the department shall apply to personal data, and project approval has been recommended by the data release committee. (2) Data described in paragraph (2) of subdivision (b) may be transmitted to an outside researcher only if the researcher meets all the criteria of that paragraph, the researcher has documented expertise with data security and the protection of large sets of confidential data, and data security will meet the standards that the department shall apply to personal data. (d) Program data, including personal information, may be shared with other state agencies pursuant to subdivision (e) of Section 1798.24 of the Civil Code. For purposes of that section, personal information has been collected for the purposes specified in Section 127671, which include analyzing and improving state programs related to public health and the provision of health care or health care coverage. (Amended by Stats. 2021, Ch. 143, Sec. 105. (AB 133) Effective July 27, 2021.)
  48. 127673.84.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 8.5. Health Care Payments Data Program [127671 - 127674.1] ( Heading of Chapter 8.5 amended by Stats. 2020, Ch. 12, Sec. 11. )

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    The department must establish a data release committee, and the director appoints its members and chair. The committee has set membership rules, serves two-year terms, and must review or advise on certain program data matters when requested.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 8.5. Health Care Payments Data Program [127671 - 127674.1] ( Heading of Chapter 8.5 amended by Stats. 2020, Ch. 12, Sec. 11. ) ## 127673.84. (a) The department shall establish a data release committee with a membership of at least 7 and no more than 11 members appointed by the director. Notwithstanding any other law, a quorum shall be achieved with one fewer member than one-half of the full membership. (b) The appointed members shall include representatives of health care payers, providers, suppliers, purchasers, researchers, consumers, and labor. Representatives of program data submitters shall not constitute a majority of members. The members shall have knowledge and experience with health care data, privacy, and security. (c) Each appointed member shall serve a term of two years, except one-half of the initial appointments shall be for one year. The director may remove a member for cause. (d) (1) The data release committee shall make recommendations about all applications seeking either program data with direct personal identifiers or the transmission of standardized datasets, except for data requests from other state agencies. Upon request of the director, the data release committee shall also make recommendations about other applications for program data. (2) In making recommendations about applications seeking program data, except for data requests from other state agencies, the data release committee shall consider whether the use of the data is consistent with the goals of the system, whether it provides greater transparency regarding health care costs, utilization, quality, or equity, or how the information may be used to inform policy decisions regarding the provision of quality health care, improving public health, reducing health disparities, advancing health coverage, or reducing health care costs. (e) Upon request of the director, the data release committee shall generally advise the director about privacy and security matters related to the program and provide feedback on the program’s data application review processes and other matters. (f) The chairperson of the data release committee shall be appointed from among the members by the director. (g) A member of the data release committee appointed from outside state government shall serve without compensation, but shall receive a per diem for each day’s attendance at a data release committee meeting. All members shall be reimbursed for any actual and necessary expenses incurred in connection with their duties as members of the committee. (Amended by Stats. 2021, Ch. 143, Sec. 106. (AB 133) Effective July 27, 2021.)
  49. 127674.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 8.5. Health Care Payments Data Program [127671 - 127674.1] ( Heading of Chapter 8.5 amended by Stats. 2020, Ch. 12, Sec. 11. )

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    This section sets funding rules for the Health Care Payments Data Program, including how money is spent, deposited, and limited, and it allows the department to charge a user fee and accept certain foundation funding.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 8.5. Health Care Payments Data Program [127671 - 127674.1] ( Heading of Chapter 8.5 amended by Stats. 2020, Ch. 12, Sec. 11. ) ## 127674. (a) The department shall expend the General Fund moneys appropriated in the 2018–19 Budget Act (Chapter 23 of the Statutes of 2019) for the purposes of this chapter and the former Health Care Transparency Database to fund the implementation and operation of the program. (b) The Health Care Payments Data Program shall not be funded with General Fund moneys beyond moneys appropriated in the 2018–19 Budget Act. (c) The Health Care Payments Data Fund is hereby established within the department for the purpose of receiving and expending revenues collected pursuant to this chapter. (d) All revenues collected pursuant to this chapter shall be deposited in the fund. Any amounts raised by the collection of the revenues shall remain in the fund and shall be available in succeeding years upon appropriation by the Legislature. (e) The department shall seek to maximize federal financial participation from the Medicaid program for the system, working through the sole state agency for Medicaid, the State Department of Health Care Services, and shall do so while relying on moneys appropriated from the General Fund in the 2018–19 Budget Act, and on an ongoing basis using any federally allowed fund source for the state match. (f) (1) The department may impose a data user fee for an eligible user that is in compliance with this chapter, including, but not limited to, provisions related to consumer privacy and data security. (2) In establishing the user fee schedule and fee waivers, the department shall work with the advisory committee to make considerations for state agencies, data submitters, and consumer organizations that have been awarded reasonable advocacy and witness fees in a proceeding or proceedings of the Department of Managed Health Care pursuant to Section 1348.9. (3) The department shall adopt regulations on the fee waiver consistent with subdivisions (e) and (f) of Section 127673. (g) On or before March 1, 2023, the office shall submit a report to the Legislature on recommendations for funding options for the program pursuant to Section 9795 of the Government Code. (h) The department may accept foundation funding from foundations not affiliated or controlled by a health care entity. (Amended by Stats. 2021, Ch. 143, Sec. 107. (AB 133) Effective July 27, 2021.)
  50. 127674.1.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 8.5. Health Care Payments Data Program [127671 - 127674.1] ( Heading of Chapter 8.5 amended by Stats. 2020, Ch. 12, Sec. 11. )

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    If a health care service plan or health insurer does not comply with this chapter, the department must notify the Department of Managed Health Care or the Department of Insurance, and those agencies must take appropriate action to bring it into compliance.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 8.5. Health Care Payments Data Program [127671 - 127674.1] ( Heading of Chapter 8.5 amended by Stats. 2020, Ch. 12, Sec. 11. ) ## 127674.1. The department shall notify the Department of Managed Health Care or the Department of Insurance, as appropriate, if a health care service plan or health insurer fails to comply with this chapter. The Department of Managed Health Care and the Department of Insurance shall take appropriate action necessary to bring the plan or insurer into compliance. (Amended by Stats. 2021, Ch. 143, Sec. 108. (AB 133) Effective July 27, 2021.)
  51. 127675.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 9. Prescription Drug Pricing for Purchasers [127675 - 127685] ( Chapter 9 added by Stats. 2017, Ch. 603, Sec. 4. )

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    This chapter applies to manufacturers of prescription drugs when the drugs are purchased or reimbursed by specified California public and private purchasers.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 9. Prescription Drug Pricing for Purchasers [127675 - 127685] ( Chapter 9 added by Stats. 2017, Ch. 603, Sec. 4. ) ## 127675. (a) This chapter shall apply to a manufacturer of a prescription drug that is purchased or reimbursed by any of the following: (1) A state purchaser in California, including, but not limited to, the Public Employees’ Retirement System, the State Department of Health Care Services, the Department of General Services, and the Department of Corrections and Rehabilitation, or an entity acting on behalf of a state purchaser. (2) A licensed health care service plan. (3) A health insurer holding a valid outstanding certificate of authority from the Insurance Commissioner. (4) A pharmacy benefit manager as defined in subdivision (j) of Section 4430 of the Business and Professions Code. (b) For the purposes of this chapter, the term “department” shall mean the Department of Health Care Access and Information. (Amended by Stats. 2021, Ch. 143, Sec. 109. (AB 133) Effective July 27, 2021.)
  52. 127676.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 9. Prescription Drug Pricing for Purchasers [127675 - 127685] ( Chapter 9 added by Stats. 2017, Ch. 603, Sec. 4. )

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    This section says California has a public interest in prescription drug pricing and states the chapter’s intent to require notice and disclosure, while allowing manufacturers to make pricing decisions and allowing purchasers and pharmacy benefit managers to negotiate discounts and rebates.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 9. Prescription Drug Pricing for Purchasers [127675 - 127685] ( Chapter 9 added by Stats. 2017, Ch. 603, Sec. 4. ) ## 127676. (a) The Legislature finds and declares that the State of California has a substantial public interest in the price and cost of prescription drugs. California is a major purchaser through the Public Employees’ Retirement System, the State Department of Health Care Services, the Department of General Services, the Department of Corrections and Rehabilitation, and other entities acting on behalf of a state purchaser. California also provides major tax expenditures through the tax exclusion of employer sponsored coverage and tax deductibility of coverage purchased by individuals, as well as tax deductibility of excess health care costs for individuals and families. (b) (1) It is the intent of the Legislature in enacting this chapter to provide notice and disclosure of information relating to the cost and pricing of prescription drugs in order to provide accountability to the state for prescription drug pricing. (2) It is further the intent of the Legislature to permit a manufacturer of a prescription drug to voluntarily make pricing decisions regarding a prescription drug, including any price increases. It is further the intent of the Legislature to permit purchasers, both public and private, as well as pharmacy benefit managers, to negotiate discounts and rebates consistent with existing state and federal law. (Added by Stats. 2017, Ch. 603, Sec. 4. (SB 17) Effective January 1, 2018.)
  53. 127677.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 9. Prescription Drug Pricing for Purchasers [127675 - 127685] ( Chapter 9 added by Stats. 2017, Ch. 603, Sec. 4. )

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    Drug manufacturers must give written notice before certain prescription drug price increases, and pharmacy benefit managers must pass those notices on to large purchasers.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 9. Prescription Drug Pricing for Purchasers [127675 - 127685] ( Chapter 9 added by Stats. 2017, Ch. 603, Sec. 4. ) ## 127677. (a) A manufacturer of a prescription drug with a wholesale acquisition cost of more than forty dollars ($40) for a course of therapy shall notify each purchaser described in Section 127675 if the increase in the wholesale acquisition cost of a prescription drug is more than 16 percent, including the proposed increase and the cumulative increases that occurred within the previous two calendar years prior to the current year. For purposes of this section, a “course of therapy” is defined as either of the following: (1) The recommended daily dosage units of a prescription drug pursuant to its prescribing label as approved by the federal Food and Drug Administration for 30 days. (2) The recommended daily dosage units of a prescription drug pursuant to its prescribing label as approved by the federal Food and Drug Administration for a normal course of treatment that is less than 30 days. (b) The notice required by subdivision (a) shall be provided in writing at least 60 days prior to the planned effective date of the increase. (c) (1) The notice required by subdivision (a) shall include the date of the increase, the current wholesale acquisition cost of the prescription drug, and the dollar amount of the future increase in the wholesale acquisition cost of the prescription drug. (2) The notice required by subdivision (a) shall include a statement regarding whether a change or improvement in the drug necessitates the price increase. If so, the manufacturer shall describe the change or improvement. (d) The notice required by subdivision (a) shall be provided to each state purchaser and other purchasers described in paragraphs (2) to (4), inclusive, of subdivision (a) of Section 127675 if a purchaser registers with the department for the purpose of this notification. The department shall make available to manufacturers a list of registered purchasers for the purpose of this notification. (e) If a pharmacy benefit manager receives a notice of an increase in wholesale acquisition cost consistent with subdivision (a), it shall notify its large contracting public and private purchasers of the increase. For the purposes of this section, a “large purchaser” means a purchaser that provides coverage to more than 500 covered lives. (Amended by Stats. 2021, Ch. 143, Sec. 110. (AB 133) Effective July 27, 2021.)
  54. 127679.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 9. Prescription Drug Pricing for Purchasers [127675 - 127685] ( Chapter 9 added by Stats. 2017, Ch. 603, Sec. 4. )

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    A manufacturer must give the department quarterly reports about certain drug price increases and related details. The department must publish the information and enforce the section.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 9. Prescription Drug Pricing for Purchasers [127675 - 127685] ( Chapter 9 added by Stats. 2017, Ch. 603, Sec. 4. ) ## 127679. (a) On a quarterly basis at a time prescribed by the department and in a format prescribed by the department, commencing no earlier than January 1, 2019, a manufacturer shall report to the department all of the following information for each drug for which an increase in wholesale acquisition cost is described in Section 127677: (1) A description of the specific financial and nonfinancial factors used to make the decision to increase the wholesale acquisition cost of the drug and the amount of the increase, including, but not limited to, an explanation of how these factors explain the increase in the wholesale acquisition cost of the drug. (2) A schedule of wholesale acquisition cost increases for the drug for the previous five years if the drug was manufactured by the company. (3) If the drug was acquired by the manufacturer within the previous five years, all of the following information: (A) The wholesale acquisition cost of the drug at the time of acquisition and in the calendar year prior to acquisition. (B) The name of the company from which the drug was acquired, the date acquired, and the purchase price. (C) The year the drug was introduced to market and the wholesale acquisition cost of the drug at the time of introduction. (4) The patent expiration date of the drug if it is under patent. (5) If the drug is a multiple source drug, an innovator multiple source drug, a noninnovator multiple source drug, or a single source drug, as defined in subparagraph (A) of paragraph (7) of subdivision (k) of Section 1396r–8 of Title 42 of the United States Code. (6) A description of the change or improvement in the drug, if any, that necessitates the price increase. (7) Volume of sales of the manufacturer’s drug in the United States for the previous year. (b) The manufacturer may limit the information reported pursuant to subdivision (a) to that which is otherwise in the public domain or publicly available. (c) The department shall publish the information provided to it pursuant to this section on its internet website on no less than a quarterly basis. The information shall be published within 60 days of receipt from a manufacturer. The information shall be published in a manner that identifies the information that is disclosed on a per-drug basis and shall not be aggregated in a manner that would not allow identification of the drug. (d) The department shall be responsible for the enforcement of this section. (e) A manufacturer of a prescription drug subject to this chapter that does not report the information required pursuant to this section is liable for a civil penalty of one thousand dollars ($1,000) per day for every day after the reporting period described in this section that the required information is not reported. (f) A civil penalty shall be assessed and recovered in a civil action brought by the office in the name of the people of the State of California. Assessment of a civil penalty may, at the request of any manufacturer of a prescription drug subject to this section, be reviewed on appeal, and the penalty may be reduced or waived for good cause. (g) Any money received by the department pursuant to this section shall be paid into the Managed Care Fund. (Amended by Stats. 2021, Ch. 143, Sec. 111. (AB 133) Effective July 27, 2021.)
  55. 127681.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 9. Prescription Drug Pricing for Purchasers [127675 - 127685] ( Chapter 9 added by Stats. 2017, Ch. 603, Sec. 4. )

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    A drug manufacturer must notify the department before launching certain new prescription drugs and then report specified launch information within 30 days; the department must publish the information and can enforce the section.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 9. Prescription Drug Pricing for Purchasers [127675 - 127685] ( Chapter 9 added by Stats. 2017, Ch. 603, Sec. 4. ) ## 127681. (a) A manufacturer of a prescription drug shall notify the department in writing if it is introducing a new prescription drug to market at a wholesale acquisition cost that exceeds the threshold set for a specialty drug under the Medicare Part D program (Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173)). The notice shall be provided in writing within three days after the release of the drug in the commercial market. A manufacturer may make this notification pending approval by the federal Food and Drug Administration, if commercial availability is expected within three days of approval. (b) No later than 30 days after notification pursuant to this section, a manufacturer shall report all of the following information to the department in a format prescribed by the department: (1) A description of the marketing and pricing plans used in the launch of the new drug in the United States and internationally. (2) The estimated volume of patients that may be prescribed the drug. (3) If the drug was granted breakthrough therapy designation or priority review by the federal Food and Drug Administration prior to final approval. (4) The date and price of acquisition if the drug was not developed by the manufacturer. (c) The manufacturer may limit the information reported pursuant to subdivision (b) to that which is otherwise in the public domain or publicly available. (d) The department shall publish the information provided to it pursuant to this section on its internet website on no less than a quarterly basis. The information shall be published in a manner that identifies the information that is disclosed on a per-drug basis and shall not be aggregated in a manner that would not allow identification of the drug. (e) The department shall be responsible for the enforcement of this section. (f) A manufacturer of a prescription drug subject to this chapter that does not report the information required pursuant to this section is liable for a civil penalty of one thousand dollars ($1,000) per day for every day after the notification period described in this section that the required information is not reported. (g) A civil penalty shall be assessed and recovered in a civil action brought by the department in the name of the people of the State of California. Assessment of a civil penalty may, at the request of any manufacturer of a prescription drug subject to this section, be reviewed on appeal, and the penalty may be reduced or waived for good cause. (h) Any money received by the department pursuant to this section shall be paid into the Managed Care Fund. (Amended by Stats. 2021, Ch. 143, Sec. 112. (AB 133) Effective July 27, 2021.)
  56. 127683.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 9. Prescription Drug Pricing for Purchasers [127675 - 127685] ( Chapter 9 added by Stats. 2017, Ch. 603, Sec. 4. )

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    The department’s actual and necessary expenses for specified activities are to be funded, subject to legislative appropriation, from transfers from the Managed Care Fund and the Insurance Fund.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 9. Prescription Drug Pricing for Purchasers [127675 - 127685] ( Chapter 9 added by Stats. 2017, Ch. 603, Sec. 4. ) ## 127683. (a) Funding for the actual and necessary expenses of the department to conduct the activities described in this section and in Sections 127676, 127679, 127681, and 127685, shall be provided, subject to appropriation by the Legislature, from transfers of moneys from the Managed Care Fund and the Insurance Fund. (b) The share of funding from the Managed Care Fund shall be based on the number of covered lives in the state that are covered under plans regulated by the Department of Managed Health Care, including covered lives under Medi-Cal managed care, as determined by the Department of Managed Health Care, in proportion to the total number of all covered lives in the state. (c) The share of funding to be provided from the Insurance Fund shall be based on the number of covered lives in the state that are covered under health insurance policies and benefit plans regulated by the Department of Insurance, including covered lives under Medicare supplement plans, as determined by the Department of Insurance, in proportion to the total number of all covered lives in the state. (Amended by Stats. 2021, Ch. 143, Sec. 113. (AB 133) Effective July 27, 2021.)
  57. 127685.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 9. Prescription Drug Pricing for Purchasers [127675 - 127685] ( Chapter 9 added by Stats. 2017, Ch. 603, Sec. 4. )

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    The department may issue guidance or adopt regulations to implement this chapter, and required reports must be submitted in a department-prescribed form starting in the first calendar quarter of 2019.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 9. Prescription Drug Pricing for Purchasers [127675 - 127685] ( Chapter 9 added by Stats. 2017, Ch. 603, Sec. 4. ) ## 127685. (a) The department may adopt regulations or issue guidance for the implementation of this chapter. All information that is required to be reported to the department pursuant to this chapter shall be reported in a form prescribed by the department, commencing in the first calendar quarter of 2019. (b) The department may consult with the Department of Managed Health Care, the Department of Insurance, the California State Board of Pharmacy, and any state purchaser of prescription drugs, or an entity acting on behalf of a state purchaser, in issuing guidance or adopting necessary regulations pursuant to subdivision (a), in posting information on its internet website pursuant to this chapter, and in taking any other action for the purpose of implementing this chapter. (Amended by Stats. 2021, Ch. 143, Sec. 114. (AB 133) Effective July 27, 2021.)
  58. 127690.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 10. California Affordable Drug Manufacturing Act of 2020 [127690 - 127697] ( Chapter 10 added by Stats. 2020, Ch. 207, Sec. 1. )

    Verify source ↗

    This chapter may be cited as the California Affordable Drug Manufacturing Act of 2020.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 10. California Affordable Drug Manufacturing Act of 2020 [127690 - 127697] ( Chapter 10 added by Stats. 2020, Ch. 207, Sec. 1. ) ## 127690. This chapter may be cited as the California Affordable Drug Manufacturing Act of 2020. (Added by Stats. 2020, Ch. 207, Sec. 1. (SB 852) Effective January 1, 2021.)
  59. 127691.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 10. California Affordable Drug Manufacturing Act of 2020 [127690 - 127697] ( Chapter 10 added by Stats. 2020, Ch. 207, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the chapter, including “generic drug,” “partnerships,” and “California Health and Human Services Agency” (CHHSA).

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 10. California Affordable Drug Manufacturing Act of 2020 [127690 - 127697] ( Chapter 10 added by Stats. 2020, Ch. 207, Sec. 1. ) ## 127691. For purposes of this chapter, the following definitions apply: (a) “Generic drug” means a drug that is approved pursuant to subdivision (j) of Section 355 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.), or a biosimilar, as defined under the federal Public Health Service Act (42 U.S.C. Sec. 262). (b) “Partnerships” include, but are not limited to, agreements for the procurement of generic prescription drugs by way of contracts, grant agreements, or purchasing by a payer, state governmental agency, group purchasing organization, nonprofit organization, or other entity. (c) “California Health and Human Services Agency” or “CHHSA” means the California Health and Human Services Agency, or any of its departments, including the Department of Health Care Access and Information, selected to implement this chapter. (Amended by Stats. 2023, Ch. 42, Sec. 50. (AB 118) Effective July 10, 2023.)
  60. 127692.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 10. California Affordable Drug Manufacturing Act of 2020 [127690 - 127697] ( Chapter 10 added by Stats. 2020, Ch. 207, Sec. 1. )

    Verify source ↗

    CHHSA and its departments must form partnerships to improve generic drug competition and access, may enter certain contracts for implementation, and may hire staff or contractors if the Legislature appropriates funds.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 10. California Affordable Drug Manufacturing Act of 2020 [127690 - 127697] ( Chapter 10 added by Stats. 2020, Ch. 207, Sec. 1. ) ## 127692. (a) The California Health and Human Services Agency (CHHSA) or its departments shall enter into partnerships, consistent with subdivision (b) of Section 127693, in consultation with other state departments as necessary, to increase competition, lower prices, and address shortages in the market for generic prescription drugs, to reduce the cost of prescription drugs for public and private purchasers, taxpayers, and consumers, and to increase patient access to affordable drugs. (b) For purposes of implementing this chapter, CHHSA and its departments, including the Department of Health Care Access and Information, may enter into exclusive or nonexclusive contracts on a bid or negotiated basis. Contracts entered into or amended pursuant to this section are exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and are exempt from the review or approval of any division of the Department of General Services. When appropriate, CHHSA shall establish initial and ongoing metrics to measure progress and efficiency, and remedies in the case those metrics are not met in any partnership contract entered into pursuant to this section. (c) CHHSA shall have the ability to hire staff or contractors to oversee and project-manage the partnerships for manufacturing, procurement, or distribution of generic prescription drugs, contingent upon an appropriation by the Legislature for this purpose. (d) It is the Legislature’s intent that any manufacturing partnership contract entered into pursuant to subdivision (b) is a partnership intended to create a California-branded label for generic drugs. It is further the Legislature’s intent that any manufacturing that is done under this section is intended to benefit the residents of this state by ensuring adequate supplies and access to generic prescription drugs and lowering health care costs through savings to public health care programs and private health insurance coverage. (Amended by Stats. 2023, Ch. 42, Sec. 51. (AB 118) Effective July 10, 2023.)
  61. 127693.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 10. California Affordable Drug Manufacturing Act of 2020 [127690 - 127697] ( Chapter 10 added by Stats. 2020, Ch. 207, Sec. 1. )

    Verify source ↗

    CHHSA must use partnerships to produce, procure, or distribute generic prescription drugs under pricing and access conditions, and must consult specified purchasers and consider certain factors before acting.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 10. California Affordable Drug Manufacturing Act of 2020 [127690 - 127697] ( Chapter 10 added by Stats. 2020, Ch. 207, Sec. 1. ) ## 127693. (a) CHHSA shall enter into partnerships resulting in the production, procurement, or distribution of generic prescription drugs, with the intent that these drugs be made widely available to public and private purchasers, providers and suppliers as defined in subdivision (b) of Section 1367.50, and pharmacies as defined in Section 4037 of the Business and Professions Code, as appropriate. The generic prescription drugs shall be produced or distributed by a drug company or generic drug manufacturer that is registered with the United States Food and Drug Administration. (b) (1) CHHSA shall only enter into partnerships pursuant to subdivision (a) to produce a generic prescription drug at a price that results in savings, targets failures in the market for generic drugs, or improves patient access to affordable medications. (2) For top drugs identified pursuant to the criteria listed in paragraph (5), CHHSA shall determine if viable pathways exist for partnerships to manufacture, procure, or distribute generic prescription drugs by examining the relevant legal, market, policy, and regulatory factors. (3) CHHSA shall consider the following, if applicable, when setting the price of a generic prescription drug: (A) United States Food and Drug Administration user fees. (B) Abbreviated new drug application acquisition costs amortized over a five-year period. (C) Mandatory rebates. (D) Total contracting and production costs for the drug, including a reasonable amount for administrative, operating, and rate-of-return expenses of the drug company or generic drug manufacturer. (E) Research and development costs attributed to the drug over a five-year period. (F) Other initial start-up costs amortized over a five-year period. (4) Each drug shall be made available to providers, patients, and purchasers, as appropriate, at a transparent price and without rebates, other than federally required rebates. (5) CHHSA shall prioritize the selection of generic prescription drugs that have the greatest impact on lowering drug costs to patients, increasing competition and addressing shortages in the prescription drug market, improving public health, or reducing the cost of prescription drugs to public and private purchasers. (c) (1) In identifying generic prescription drugs to be produced, CHHSA shall consider the report produced by the Department of Managed Health Care pursuant to subdivision (b) of Section 1367.243, the report produced by the Department of Insurance pursuant to subdivision (b) of Section 10123.205 of the Insurance Code, and pharmacy spending data from Medi-Cal and other entities for which the state pays the cost of generic prescription drugs. (2) The partnerships entered into pursuant to subdivision (a) shall include the production of at least one form of insulin made available at production and dispensing costs, if one does not already exist in the market. Dispensing costs may include related expenses such as transportation, distribution, and market operations. Any partnership shall also consider: (A) Guaranteeing priority access to insulin supply for the state. (B) Guaranteeing the manufacture of at least four high-priority drugs for California, as identified pursuant to paragraph (5) of subdivision (b). (C) Creating a state brand identifying biosimilar insulin and generic prescription drugs sold in California under this section. (3) CHHSA shall prioritize drugs for chronic and high-cost conditions, and shall consider prioritizing those that can be delivered through mail order. (d) CHHSA shall consult with all of the following public and private purchasers, as appropriate, to develop a list of generic prescription drugs to be manufactured or distributed through partnerships: (1) The Public Employees’ Retirement System, the State Department of Health Care Services, the California Health Benefit Exchange (Covered California), the State Department of Public Health, the Department of General Services, and the Department of Corrections and Rehabilitation, or the entities acting on behalf of each of those state purchasers. (2) Licensed health care service plans. (3) Health insurers holding a valid outstanding certificate of authority from the Insurance Commissioner. (4) Hospitals. (e) Before effectuating a partnership pursuant to this section, CHHSA shall consider the volume of each generic prescription drug over a multiyear period to support a market for a lower cost generic prescription drug, if volume is an important factor in driving down the cost of the drug. For partnerships involving procurement, CHHSA shall determine minimum thresholds for procurement of an entity’s expected volume of a targeted drug from the company or manufacturer over a defined target period. In making advance commitments, CHHSA may consult with the Statewide Pharmaceutical Program and the California Pharmaceutical Collaborative. (f) The listed entities in paragraphs (2) to (4), inclusive, of subdivision (d) shall not be required to purchase prescription drugs from CHHSA or entities that contract or partner with CHHSA pursuant to this chapter. (g) CHHSA shall not be required to consult with every entity listed in paragraphs (2) to (4), inclusive, of subdivision (d), so long as purchaser engagement includes a reasonable representation from these groups. (h) Any partnership entered into pursuant to this section may include representation and involvement with the governance of the contractor entity. (Amended by Stats. 2023, Ch. 42, Sec. 52. (AB 118) Effective July 10, 2023.)
  62. 127694.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 10. California Affordable Drug Manufacturing Act of 2020 [127690 - 127697] ( Chapter 10 added by Stats. 2020, Ch. 207, Sec. 1. )

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    CHHSA must submit a report to the Legislature by December 31, 2023 on the feasibility of manufacturing and selling generic prescription drugs at a fair price.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 10. California Affordable Drug Manufacturing Act of 2020 [127690 - 127697] ( Chapter 10 added by Stats. 2020, Ch. 207, Sec. 1. ) ## 127694. (a) On or before December 31, 2023, CHHSA shall submit a report to the Legislature that assesses the feasibility of directly manufacturing generic prescription drugs and selling generic prescription drugs at a fair price. The report shall include an analysis of governance structure options for manufacturing functions, including chartering a private organization, a public-private partnership, or a public board of directors. (b) This section shall only go into effect if the Legislature appropriates funds for this purpose in the annual budget. (c) The report shall be submitted in compliance with Section 9795 of the Government Code. (d) This section shall remain in effect only until January 1, 2028, and as of that date is repealed. (Amended by Stats. 2022, Ch. 47, Sec. 22. (SB 184) Effective June 30, 2022. Repealed as of January 1, 2028, by its own provisions.)
  63. 127694.1.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 10. California Affordable Drug Manufacturing Act of 2020 [127690 - 127697] ( Chapter 10 added by Stats. 2020, Ch. 207, Sec. 1. )

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    If the Legislature appropriates funds, CHHSA must develop a California-based insulin manufacturing facility.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 10. California Affordable Drug Manufacturing Act of 2020 [127690 - 127697] ( Chapter 10 added by Stats. 2020, Ch. 207, Sec. 1. ) ## 127694.1. Upon appropriation by the Legislature, CHHSA shall develop a California-based manufacturing facility for insulin, with the intent of creating high-skill, high-paying jobs with the state. The facility shall be at a location jointly determined between the state and the partner pursuant to Section 127692. (Added by Stats. 2022, Ch. 603, Sec. 3. (SB 838) Effective January 1, 2023.)
  64. 127695.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 10. California Affordable Drug Manufacturing Act of 2020 [127690 - 127697] ( Chapter 10 added by Stats. 2020, Ch. 207, Sec. 1. )

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    CHHSA must report to the Legislature by December 31, 2022 on targeted drugs and on how its activities may affect competition, access, and costs.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 10. California Affordable Drug Manufacturing Act of 2020 [127690 - 127697] ( Chapter 10 added by Stats. 2020, Ch. 207, Sec. 1. ) ## 127695. (a) On or before December 31, 2022, CHHSA shall report to the Legislature on both of the following: (1) A description of the status of all drugs targeted under this chapter. (2) An analysis of how the activities of CHHSA may impact competition, access to targeted drugs, the costs of those drugs, and the costs of generic prescription drugs to public and private purchasers. (b) This section shall remain in effect only until January 1, 2028, and as of that date is repealed. (Amended by Stats. 2022, Ch. 47, Sec. 23. (SB 184) Effective June 30, 2022. Repealed as of January 1, 2028, by its own provisions.)
  65. 127696.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 10. California Affordable Drug Manufacturing Act of 2020 [127690 - 127697] ( Chapter 10 added by Stats. 2020, Ch. 207, Sec. 1. )

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    Nonpublic information and documents obtained or prepared under this chapter do not have to be disclosed under the California Public Records Act or similar local public records laws.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 10. California Affordable Drug Manufacturing Act of 2020 [127690 - 127697] ( Chapter 10 added by Stats. 2020, Ch. 207, Sec. 1. ) ## 127696. Notwithstanding any other provision of law, all nonpublic information and documents obtained or prepared under this chapter shall not be required to be disclosed pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), or any similar local law requiring the disclosure of public records. (Amended by Stats. 2023, Ch. 42, Sec. 53. (AB 118) Effective July 10, 2023.)
  66. 127697.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 10. California Affordable Drug Manufacturing Act of 2020 [127690 - 127697] ( Chapter 10 added by Stats. 2020, Ch. 207, Sec. 1. )

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    The California Health and Human Services Agency may, if the Legislature appropriates funds, enter into partnerships for certain public health and drug-supply purposes.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 10. California Affordable Drug Manufacturing Act of 2020 [127690 - 127697] ( Chapter 10 added by Stats. 2020, Ch. 207, Sec. 1. ) ## 127697. In addition to partnerships authorized pursuant to Sections 127692 and 127693, the California Health and Human Services Agency may, subject to an appropriation by the Legislature, enter into partnerships to increase competition, lower prices, and address supply shortages under any of the following circumstances: (a) For over-the-counter naloxone products. Partnerships entered into pursuant to this section may allow the development, manufacturing, or distribution of over-the-counter naloxone products by an entity that is authorized to do so under federal or state law. (b) For generic or brand name drugs to address emerging health concerns, including in reproductive health care or gender affirming health care. (c) For the development, production, procurement, or distribution of vaccines, by an entity that is authorized to do so under federal or state law, with the intent that these vaccines be made widely available to public and private purchasers, providers, suppliers, and pharmacies. (d) For the manufacture, purchase, or distribution of medical supplies or medical devices. (Repealed and added by Stats. 2025, Ch. 21, Sec. 43. (AB 116) Effective June 30, 2025.)
  67. 1277.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. )

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    The department may issue licenses and special permits only when the facility meets the required standards, and it must apply the same standards to licensed state and other governmental health facilities as to private ones.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. ) ## 1277. (a) No license shall be issued by the department unless it finds that the premises, the management, the bylaws, rules and regulations, the equipment, the staffing, both professional and nonprofessional, and the standards of care and services are adequate and appropriate, and that the health facility is operated in the manner required by this chapter and by the rules and regulations adopted hereunder. (b) (1) Notwithstanding any provision of Part 2 (commencing with Section 5600) of Division 5 of, or Division 7 (commencing with Section 7100) of, the Welfare and Institutions Code or any other law to the contrary, the licensure requirements for professional personnel, including, but not limited to, physicians and surgeons, dentists, podiatrists, psychologists, marriage and family therapists, pharmacists, registered nurses, clinical social workers, and professional clinical counselors in the state and other governmental health facilities licensed by the department shall not be less than for those professional personnel in health facilities under private ownership. (2) Persons employed as psychologists and clinical social workers, while continuing in their employment in the same class as of January 1, 1979, in the same state or other governmental health facility licensed by the department, including those persons on authorized leave, but not including intermittent personnel, shall be exempt from the requirements of paragraph (1). (3) (A) The requirements of paragraph (1) may be waived by the department solely for persons in the professions of psychology, marriage and family therapy, clinical social work, or professional clinical counseling who are gaining qualifying experience for licensure in that profession in this state. A waiver granted pursuant to this paragraph shall not exceed four years from commencement of the employment in this state in a position that includes qualifying experience, at which time licensure shall have been obtained or the employment shall be terminated, except that an extension of a waiver of licensure may be granted for one additional year, based on extenuating circumstances determined by the department pursuant to subdivision (e). For persons employed as psychologists, clinical social workers, marriage and family therapists, or professional clinical counselors less than full time, an extension of a waiver of licensure may be granted for additional years proportional to the extent of part-time employment, as long as the person is employed without interruption in service, but in no case shall the waiver of licensure exceed six years in the case of clinical social workers, marriage and family therapists, or professional clinical counselors, or five years in the case of psychologists. (B) For the purposes of this paragraph, “qualifying experience” means experience that satisfies the requirements of subdivision (d) of Section 2914 of, or Section 4980.43, 4996.23, or 4999.46 of, the Business and Professions Code. (4) The durational limitation upon waivers pursuant to paragraph (3) shall not apply to any of the following: (A) Active candidates for a doctoral degree in social work, social welfare, or social science, who are enrolled at an accredited university, college, or professional school, but these limitations shall apply following completion of this training. (B) Active candidates for a doctoral degree in marriage and family therapy who are enrolled at a school, college, or university, specified in subdivision (b) of Section 4980.36 of, or subdivision (b) of Section 4980.37 of, the Business and Professions Code, but the limitations shall apply following completion of the training. (C) Active candidates for a doctoral degree in professional clinical counseling who are enrolled at a school, college, or university, specified in subdivision (b) of Section 4999.32 of, or subdivision (b) of Section 4999.33 of, the Business and Professions Code, but the limitations shall apply following the completion of the training. (5) A waiver pursuant to paragraph (3) shall be granted only to the extent necessary to qualify for licensure, except that personnel recruited for employment from outside this state and whose experience is sufficient to gain admission to a licensing examination shall nevertheless have one year from the date of their employment in California to become licensed, at which time licensure shall have been obtained or the employment shall be terminated, provided that the employee shall take the licensure examination at the earliest possible date after the date of the employee’s employment. If the employee does not pass the examination at that time, the employee shall have a second opportunity to pass the next possible examination, subject to the one-year limit. (c) A special permit shall be issued by the department when it finds that the staff, both professional and nonprofessional, and the standards of care and services are adequate and appropriate, and that the special services unit is operated in the manner required in this chapter and by the rules and regulations adopted hereunder. (d) The department shall apply the same standards to state and other governmental health facilities that it licenses as it applies to health facilities in private ownership, including standards specifying the level of training and supervision of all unlicensed practitioners. Except for psychologists, the department may grant an extension of a waiver of licensure for personnel recruited from outside this state for one additional year, based upon extenuating circumstances as determined by the department pursuant to subdivision (e). (e) The department shall grant a request for an extension of a waiver based on extenuating circumstances, pursuant to subdivision (b) or (d), if any of the following circumstances exist: (1) The person requesting the extension has experienced a recent catastrophic event that may impair the person’s ability to qualify for and pass the license examination. Those events may include, but are not limited to, significant hardship caused by a natural disaster, serious and prolonged illness of the person, serious and prolonged illness or death of a child, spouse, or parent, or other stressful circumstances. (2) The person requesting the extension has difficulty speaking or writing the English language, or other cultural and ethnic factors exist that substantially impair the person’s ability to qualify for and pass the license examination. (3) The person requesting the extension has experienced other personal hardship that the department, in its discretion, determines to warrant the extension. (Amended by Stats. 2020, Ch. 279, Sec. 1. (AB 2253) Effective January 1, 2021.)
  68. 127770.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 11. Health Care Data [127770 - 127774] ( Chapter 11 added by Stats. 2026, Ch. 27, Sec. 49. )

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    This section defines “Department” and “State entities” for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 11. Health Care Data [127770 - 127774] ( Chapter 11 added by Stats. 2026, Ch. 27, Sec. 49. ) ## 127770. For purposes of this chapter: (a) “Department” means the Department of Health Care Access and Information. (b) “State entities” means all state departments, agencies, boards, commissions, programs, and other organizational units of the executive branch of state government. (Added by Stats. 2026, Ch. 27, Sec. 49. (SB 164) Effective June 29, 2026.)
  69. 127770.5.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 11. Health Care Data [127770 - 127774] ( Chapter 11 added by Stats. 2026, Ch. 27, Sec. 49. )

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    The Legislature states that the department should collect data and publish reports about quality of care and patient experience.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 11. Health Care Data [127770 - 127774] ( Chapter 11 added by Stats. 2026, Ch. 27, Sec. 49. ) ## 127770.5. It is the intent of the Legislature that the department collect data and publish reports on quality of care and patient experience. (Added by Stats. 2026, Ch. 27, Sec. 49. (SB 164) Effective June 29, 2026.)
  70. 127771.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 11. Health Care Data [127770 - 127774] ( Chapter 11 added by Stats. 2026, Ch. 27, Sec. 49. )

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    The department must publish annual and biennial health care data reports, and other specified state entities must provide requested data.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 11. Health Care Data [127770 - 127774] ( Chapter 11 added by Stats. 2026, Ch. 27, Sec. 49. ) ## 127771. (a) (1) Beginning July 1, 2026, the department shall compile annual publications, to be made publicly available on the department’s internet website, including a quality of care report card that reflects health care service plans, health insurers, preferred provider organizations, and medical groups. (2) The Department of Managed Health Care, the State Department of Health Care Services, the Department of Insurance, the Exchange, the State Department of Social Services, and any other state health coverage program or state entity shall provide to the department data concerning the quality of care report card in the time, manner, and format requested by the department. The department may also request data related to the cost of care, quality of care, patient experience, socioeconomic status impact on health, access to care, and access to social services programs. The data described in this section may be linked with other department data and used for other department data reports, to the extent allowed by state and federal law. (3) The department may request data from, and contract with, academic or nonprofit organizations related to quality of health care and patient experience to develop the quality of care report card. (b) The department shall produce a biennial report in even-numbered calendar years, to be made publicly available on the department’s internet website, of health care consumer or patient assistance help centers, call centers, ombudsperson, or other assistance centers operated by the Department of Managed Health Care, the State Department of Health Care Services, the Department of Insurance, and the Exchange that includes, at a minimum, all of the following: (1) The types and volume of inquiries received. (2) The call center’s role with regard to each type of call, question, complaint, or grievance. (3) The call center’s protocol for responding to requests for assistance from health care consumers, including any performance standards. (4) The protocol for referring or transferring calls outside the jurisdiction of the call center. (5) The call center’s methodology of tracking calls, complaints, grievances, or inquiries. (c) (1) In odd-numbered calendar years, the department shall produce an analysis of the data collected on problems and complaints by, and questions from, consumers about health care coverage for the purpose of providing public information about problems faced and information needed by consumers in obtaining coverage and care. The data collected shall include demographic data, insurer or plan data, appeals, source of coverage, regulator, type of problem or issue, and resolution of complaints, including timeliness of resolution, to the extent that data is readily available. The analysis shall be made public on the department’s internet website. In analyzing the data collected, the department may also identify examples of best practices when responding to consumer inquiries. The analysis may also include identification of practices that could be revised to improve responses to inquiries. (2) The Department of Managed Health Care, the State Department of Health Care Services, the Department of Insurance, the Exchange, and any other state public health coverage programs shall provide to the department data concerning consumer complaints and issues to meet the reporting requirements in this section in the time, data elements, manner, and format requested by the department. (3) For the purpose of publicly reporting information as required in paragraph (1) and this paragraph about the challenges in obtaining care and coverage, the department shall analyze data on consumer complaints, appeals, and grievances resolved by the agencies listed in subdivision (b), including demographic data, source of coverage, insurer or plan, resolution of complaints, and other information intended to improve health care and coverage for consumers, to the extent that data is readily available. (4) The data described in this section may be linked with other department data and used for other department data reports, to the extent allowed by state and federal law. (d) The department may implement, interpret, or make specific this section by means of a departmental letter or other similar instruction, as necessary, notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (e) For purposes of this section: (1) “Data” means information that is not individually identifiable health information, as defined in Section 160.103 of Title 45 of the Code of Federal Regulations. (2) “Exchange” means the California Health Benefit Exchange, established pursuant to Title 22 (commencing with Section 100500) of the Government Code. (3) “Health care” includes services provided by any health care coverage program. (4) “Health care service plan” has the same meaning as that set forth in subdivision (f) of Section 1345. “Health care service plan” includes specialized health care service plans, including behavioral health plans. (5) “Health coverage program” includes the Medi-Cal program, tax subsidies and premium credits under the Exchange, and county health care programs. (6) “Health insurer” means an insurer that offers health insurance, as defined in Section 106 of the Insurance Code. (Added by Stats. 2026, Ch. 27, Sec. 49. (SB 164) Effective June 29, 2026.)
  71. 127772.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 11. Health Care Data [127770 - 127774] ( Chapter 11 added by Stats. 2026, Ch. 27, Sec. 49. )

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    The department must keep personal information confidential and limit disclosures and uses of health data.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 11. Health Care Data [127770 - 127774] ( Chapter 11 added by Stats. 2026, Ch. 27, Sec. 49. ) ## 127772. (a) The Legislature finds and declares that the department performs public health activities described in Section 164.512(b) of Title 45 of the Code of Federal Regulations when carrying out activities pursuant to this chapter. Personal information collected in accordance with this chapter is necessary to carry out projects with public health purposes. (b) All personal information obtained or maintained by the department shall be confidential and shall be subject to the following requirements: (1) Only deidentified and aggregated information shall be included in a publicly available analysis, data product, or research. (2) All policies and procedures developed in implementing this chapter shall provide that the privacy, security, and confidentiality of consumers’ personal information is protected, as required by the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), and consistent with state and federal health privacy laws, including the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191) and the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code). Data shall not be disclosed until the department has developed a policy regarding the release of data. (c) Unless otherwise specified in this chapter, personal information collected by the department from other state entities shall be exempt from the disclosure requirements of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), and shall not be made available except pursuant to this chapter. (d) Any information collected or obtained pursuant to this chapter shall not be used for determinations regarding individual patient care or treatment and shall not be used for any individual eligibility or coverage decisions or similar purposes. (Added by Stats. 2026, Ch. 27, Sec. 49. (SB 164) Effective June 29, 2026.)
  72. 127773.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 11. Health Care Data [127770 - 127774] ( Chapter 11 added by Stats. 2026, Ch. 27, Sec. 49. )

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    This section controls how money in the Health Plan Improvement Trust Fund may be used and requires interest earned on deposited money to stay in the fund and be used for specified health-care planning purposes.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 11. Health Care Data [127770 - 127774] ( Chapter 11 added by Stats. 2026, Ch. 27, Sec. 49. ) ## 127773. (a) This section governs the use of the Health Plan Improvement Trust Fund, previously renamed in former Section 130208. (b) The moneys in the Health Plan Improvement Trust Fund shall, upon appropriation by the Legislature, be made available for the purposes in Sections 127771 and 127772 and Chapter 8.5 (commencing with Section 127671). (c) Notwithstanding Section 16305.7 of the Government Code, all interest earned on moneys that have been deposited in the Health Plan Improvement Trust Fund shall be retained in the fund and used for purposes consistent with Sections 127771 and 127772 and Chapter 8.5 (commencing with Section 127671). (Added by Stats. 2026, Ch. 27, Sec. 49. (SB 164) Effective June 29, 2026.)
  73. 127774.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 11. Health Care Data [127770 - 127774] ( Chapter 11 added by Stats. 2026, Ch. 27, Sec. 49. )

    Verify source ↗

    Money transferred from the Managed Care Fund and the Insurance Fund for section 127773 purposes must be deposited into the Health Plan Improvement Trust Fund.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 2. HEALTH POLICY AND PLANNING [127280 - 127774] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 11. Health Care Data [127770 - 127774] ( Chapter 11 added by Stats. 2026, Ch. 27, Sec. 49. ) ## 127774. (a) Moneys transferred from the Managed Care Fund and the Insurance Fund for use by the department for purposes described in Section 127773 shall be deposited into the Health Plan Improvement Trust Fund. (b) The share of funding to be provided from the Managed Care Fund shall be based on the number of covered lives in the state that are covered under plans regulated by the Department of Managed Health Care, including covered lives under Medi-Cal managed care, as determined by the Department of Managed Health Care, in proportion to the total number of all covered lives in the state. (c) The share of funding to be provided from the Insurance Fund shall be based on the number of covered lives in the state that are covered under health insurance policies and benefit plans regulated by the Department of Insurance, including covered lives under Medicare supplement plans, as determined by the Department of Insurance, in proportion to the total number of all covered lives in the state. (Added by Stats. 2026, Ch. 27, Sec. 49. (SB 164) Effective June 29, 2026.)
  74. 127775.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Professions Planning [127775 - 127778] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Nursing Clinical Placements [127775 - 127778] ( Article 2 added by Stats. 2024, Ch. 680, Sec. 1. )

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    This section defines key terms used in Article 2 on nursing clinical placements.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Professions Planning [127775 - 127778] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Nursing Clinical Placements [127775 - 127778] ( Article 2 added by Stats. 2024, Ch. 680, Sec. 1. ) ## 127775. As used in this article, the following terms have the following meanings: (a) “Approved school of nursing or approved nursing program” has the same meaning as defined in Section 2786 of the Business and Professions Code. (b) “Clinic” has the same meaning as defined in Section 1200, and includes a primary care clinic and a specialty clinic, as described in Section 1204. (c) “Department” means the Department of Health Care Access and Information. (d) “Health facility” has the same meaning as defined in Section 1250. (Added by Stats. 2024, Ch. 680, Sec. 1. (AB 1577) Effective January 1, 2025. Repealed as of January 1, 2032, pursuant to Section 127778.)
  75. 127776.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Professions Planning [127775 - 127778] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Nursing Clinical Placements [127775 - 127778] ( Article 2 added by Stats. 2024, Ch. 680, Sec. 1. )

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    Health facilities or clinics must meet and act in good faith on nursing placement requests, notify the department if they cannot fully meet placement needs, and must not disrupt existing student placements.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Professions Planning [127775 - 127778] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Nursing Clinical Placements [127775 - 127778] ( Article 2 added by Stats. 2024, Ch. 680, Sec. 1. ) ## 127776. (a) A health facility or clinic, upon the written request of a California community college or California State University with an approved school of nursing or approved nursing program, shall meet with the California community college or California State University and work in good faith to meet the prelicensure nursing clinical placement needs of the California community college or California State University program, including adding additional clinical placement slots to accommodate the nursing program, to the extent the health facility or clinic has the capacity and capability to provide additional clinical placements. This meeting can take place during any other meeting the health facility or clinic may have with the California community college or California State University. (b) A written request sent pursuant to subdivision (a) shall also be provided to the department in a manner determined by the department. (c) (1) If a health facility or clinic, after meeting as required by subdivision (a), cannot provide additional clinical placement slots to fully meet the needs of the California State University or California community college, the health facility or clinic shall inform the department of its lack of capability or capacity to meet the needs of the California community college or California State University approved school of nursing or approved nursing program using a form developed by the department on or before the following January 30 and annually on or before each January 30 thereafter. A health facility or clinic is not required to inform the department pursuant to this subdivision more than once in a calendar year. (2) The form created by the department shall include, but not be limited to, all of the following information: (A) The dates and names of the schools with which the health facility or clinic has met. (B) The reason or reasons the health facility or clinic is unable to meet the needs of the meeting participant for each type of clinical rotation requested, including, but not limited to, medical, surgical, obstetrics, pediatrics, psychiatric, mental health, and geriatrics. The form shall provide all of the following options for a health facility or clinic to choose from in addition to a space for the health facility or clinic to write in a rationale: (i) The health facility or clinic does not provide the service. (ii) The health facility or clinic does not have sufficient patient census to provide a satisfactory clinical experience. (iii) The health facility or clinic does not have sufficient nursing personnel available, willing, and trained to provide a satisfactory clinical experience. (iv) The health facility or clinic and nursing school or program has not reached an agreement on the terms of an affiliation agreement or contract. (v) The nursing school or program has declined placements offered by the health facility or clinic due to evening, night, or weekend shifts. (vi) Other, which the health facility or clinic shall specify. (d) The department shall assess an administrative penalty in an amount not to exceed one thousand dollars ($1,000) for failure to provide the informational notice pursuant to this section. This subdivision does not apply to a federally qualified health center, as defined in Section 1396d(l)(2)(B) of Title 42 of the United States Code. (e) The information provided by a health facility or clinic for failure to provide additional clinical placement slots shall be posted on the department’s internet website for five years, after which period it shall be removed. (f) Any attempt to identify additional clinical placements by the Board of Registered Nursing, a health facility, or a clinic pursuant to this section shall not supplant or disrupt the clinical placement of any nursing student for whom a clinical placement is already in progress, has already been scheduled, or is under agreement for future use by an approved school of nursing or approved nursing program. (Added by Stats. 2024, Ch. 680, Sec. 1. (AB 1577) Effective January 1, 2025. Repealed as of January 1, 2032, pursuant to Section 127778.)
  76. 127778.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Professions Planning [127775 - 127778] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Nursing Clinical Placements [127775 - 127778] ( Article 2 added by Stats. 2024, Ch. 680, Sec. 1. )

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    This article stays in force until January 1, 2032, when it is repealed.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Professions Planning [127775 - 127778] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Nursing Clinical Placements [127775 - 127778] ( Article 2 added by Stats. 2024, Ch. 680, Sec. 1. ) ## 127778. This article shall remain in effect only until January 1, 2032, and as of that date is repealed. (Added by Stats. 2024, Ch. 680, Sec. 1. (AB 1577) Effective January 1, 2025. Repealed as of January 1, 2032, by its own provisions. Note: Repeal affects Article 2, commencing with Sec. 127775.)
  77. 1278.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. )

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    State department officers, employees, or agents may enter and inspect buildings or premises at reasonable times if they show proper identification.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. ) ## 1278. Any officer, employee, or agent of the state department may, upon presentation of proper identification, enter and inspect any building or premises at any reasonable time to secure compliance with, or to prevent a violation of, any provision of this chapter. (Added by Stats. 1973, Ch. 1202.)
  78. 1278.5.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. )

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    Health facilities may not retaliate against patients, employees, medical staff, or other health care workers for reporting safety concerns or joining related investigations. Employees and their representatives also have a private right to speak with an inspector during an investigation or inspection.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. ) ## 1278.5. (a) The Legislature finds and declares that it is the public policy of the State of California to encourage patients, nurses, members of the medical staff, and other health care workers to notify government entities of suspected unsafe patient care and conditions. The Legislature encourages this reporting in order to protect patients and in order to assist those accreditation and government entities charged with ensuring that health care is safe. The Legislature finds and declares that whistleblower protections apply primarily to issues relating to the care, services, and conditions of a facility and are not intended to conflict with existing provisions in state and federal law relating to employee and employer relations. (b) (1) A health facility shall not discriminate or retaliate, in any manner, against a patient, employee, member of the medical staff, or other health care worker of the health facility because that person has done either of the following: (A) Presented a grievance, complaint, or report to the facility, to an entity or agency responsible for accrediting or evaluating the facility, or the medical staff of the facility, or to any other governmental entity. (B) Has initiated, participated, or cooperated in an investigation or administrative proceeding related to the quality of care, services, or conditions at the facility that is carried out by an entity or agency responsible for accrediting or evaluating the facility or its medical staff, or governmental entity. (2) An entity that owns or operates a health facility, or that owns or operates any other health facility, shall not discriminate or retaliate against a person because that person has taken any actions pursuant to this subdivision. (3) A violation of this section shall be subject to a civil penalty of not more than twenty-five thousand dollars ($25,000). The civil penalty shall be assessed and recovered through the same administrative process set forth in Chapter 2.4 (commencing with Section 1417) for long-term health care facilities. (c) Any type of discriminatory treatment of a patient by whom, or upon whose behalf, a grievance or complaint has been submitted, directly or indirectly, to a governmental entity or received by a health facility administrator within 180 days of the filing of the grievance or complaint, shall raise a rebuttable presumption that the action was taken by the health facility in retaliation for the filing of the grievance or complaint. (d) (1) There shall be a rebuttable presumption that discriminatory action was taken by the health facility, or by the entity that owns or operates that health facility, or that owns or operates any other health facility, in retaliation against an employee, member of the medical staff, or any other health care worker of the facility, if responsible staff at the facility or the entity that owns or operates the facility had knowledge of the actions, participation, or cooperation of the person responsible for any acts described in paragraph (1) of subdivision (b), and the discriminatory action occurs within 120 days of the filing of the grievance or complaint by the employee, member of the medical staff or any other health care worker of the facility. (2) For purposes of this section, discriminatory treatment of an employee, member of the medical staff, or any other health care worker includes, but is not limited to, discharge, demotion, suspension, or any unfavorable changes in, or breach of, the terms or conditions of a contract, employment, or privileges of the employee, member of the medical staff, or any other health care worker of the health care facility, or the threat of any of these actions. (e) The presumptions in subdivisions (c) and (d) shall be presumptions affecting the burden of producing evidence as provided in Section 603 of the Evidence Code. (f) A person who willfully violates this section is guilty of a misdemeanor punishable by a fine of not more than seventy-five thousand dollars ($75,000), in addition to the civil penalty provided in paragraph (3) of subdivision (b). (g) An employee who has been discriminated against in employment pursuant to this section shall be entitled to reinstatement, reimbursement for lost wages and work benefits caused by the acts of the employer, and the legal costs associated with pursuing the case, or to any remedy deemed warranted by the court pursuant to this chapter or any other applicable provision of statutory or common law. A health care worker who has been discriminated against pursuant to this section shall be entitled to reimbursement for lost income and the legal costs associated with pursuing the case, or to any remedy deemed warranted by the court pursuant to this chapter or other applicable provision of statutory or common law. A member of the medical staff who has been discriminated against pursuant to this section shall be entitled to reinstatement, reimbursement for lost income resulting from any change in the terms or conditions of the member’s privileges caused by the acts of the facility or the entity that owns or operates a health facility or any other health facility that is owned or operated by that entity, and the legal costs associated with pursuing the case, or to any remedy deemed warranted by the court pursuant to this chapter or any other applicable provision of statutory or common law. (h) The medical staff of the health facility may petition the court for an injunction to protect a peer review committee from being required to comply with evidentiary demands on a pending peer review hearing from the member of the medical staff who has filed an action pursuant to this section, if the evidentiary demands from the complainant would impede the peer review process or endanger the health and safety of patients of the health facility during the peer review process. Prior to granting an injunction, the court shall conduct an in camera review of the evidence sought to be discovered to determine if a peer review hearing, as authorized in Section 805 and Sections 809 to 809.5, inclusive, of the Business and Professions Code, would be impeded. If it is determined that the peer review hearing will be impeded, the injunction shall be granted until the peer review hearing is completed. This section does not preclude the court, on motion of its own or by a party, from issuing an injunction or other order under this subdivision in the interest of justice for the duration of the peer review process to protect the person from irreparable harm. (i) For purposes of this section, “health facility” means a facility defined under this chapter, including, but not limited to, the facility’s administrative personnel, employees, boards, and committees of the board, and medical staff. (j) This section does not apply to an inmate of a correctional facility or juvenile facility of the Department of Corrections and Rehabilitation, or to an inmate housed in a local detention facility including a county jail or a juvenile hall, juvenile camp, or other juvenile detention facility. (k) This section does not apply to a health facility that is a long-term health care facility, as defined in Section 1418. A health facility that is a long-term health care facility shall remain subject to Section 1432. (l) This section does not limit the ability of the medical staff to carry out its legitimate peer review activities in accordance with Sections 809 to 809.5, inclusive, of the Business and Professions Code. (m) This section does not abrogate or limit any other theory of liability or remedy otherwise available at law. (n) An employee or the employee’s representative shall have the right to discuss possible regulatory violations or patient safety concerns with the inspector privately during the course of an investigation or inspection by the department. (Amended by Stats. 2019, Ch. 72, Sec. 1. (SB 322) Effective January 1, 2020.)
  79. 127825.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1.5. Behavioral Health Grants [127825- 127825.] ( Chapter 1.5 added by Stats. 2021, Ch. 143, Sec. 116. )

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    The office may award competitive grants to qualified entities and individuals, and certified wellness coaches must support children and youth in age-appropriate services and help connect them to higher levels of care when needed.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1.5. Behavioral Health Grants [127825- 127825.] ( Chapter 1.5 added by Stats. 2021, Ch. 143, Sec. 116. ) ## 127825. (a) As a component of the Children and Youth Behavioral Health Initiative, established pursuant to Chapter 2 (commencing with Section 5961) of Part 7 of Division 5 of the Welfare and Institutions Code, the office may award competitive grants to the entities and individuals it deems qualified to expand the supply of behavioral health counselors, coaches, peer supports, and other allied health care providers serving children and youth, including individuals at schoolsites. (b) For the purposes of this chapter, “certified wellness coach” means a new category of behavioral health provider trained specifically to help address the unmet mental health and substance use needs of children and youth. Recognizing that unmet mental health and substance use needs create learning barriers, certified wellness coaches shall engage and support children and youth in cultural, linguistic, and age-appropriate services with the ability to refer and link to higher levels of care, as needed. As a member of a care team, a behavioral health professional serving as a certified wellness coach receives appropriate supervision and coordination from staff who are licensed or who hold a pupil personnel services credential pursuant to Section 44266 of the Education Code, or school nurse services credential pursuant to Section 44267.5 of the Education Code. Training and qualifications include, but are not limited to, psychoeducation, system navigation, crisis referral, coping skills, and motivational interviewing. (c) This chapter shall be implemented in a manner that is consistent with Section 44270.2 of the Education Code and Section 80049.1 of Title 5 of the California Code of Regulations. (Amended by Stats. 2025, Ch. 21, Sec. 44. (AB 116) Effective June 30, 2025.)
  80. 127875.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Personnel Recruitment and Education [127875 - 128052] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. Health Professions Careers Opportunity Program [127875 - 127885] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The Legislature states that California lacks enough minority health professionals to meet state health care needs.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Personnel Recruitment and Education [127875 - 128052] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. Health Professions Careers Opportunity Program [127875 - 127885] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 127875. The Legislature finds and declares that California has an insufficient number of minority health professionals to meet the health care needs in the state. Greater numbers of minority health professionals are required to meet the special needs of population groups who face cultural and linguistic barriers to adequate health care, and to meet the state’s needs for a more equitable geographic distribution of professional health personnel resources. (Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
  81. 127880.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Personnel Recruitment and Education [127875 - 128052] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. Health Professions Careers Opportunity Program [127875 - 127885] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The Legislature states its intent to maintain a Health Professions Career Opportunity Program to increase minority representation in health professional training and in practice in shortage areas.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Personnel Recruitment and Education [127875 - 128052] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. Health Professions Careers Opportunity Program [127875 - 127885] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 127880. It is the intent of the Legislature to maintain a Health Professions Career Opportunity Program designed to: (a) Increase the number of ethnic minorities in health professional training. (b) Increase the number of minority health professionals practicing in health manpower shortage areas in this area. (Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
  82. 127885.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Personnel Recruitment and Education [127875 - 128052] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. Health Professions Careers Opportunity Program [127875 - 127885] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department must maintain a Health Professions Career Opportunity Program and include specified recruitment, support, and outreach activities, with funding-based implementation limits.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Personnel Recruitment and Education [127875 - 128052] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. Health Professions Careers Opportunity Program [127875 - 127885] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 127885. (a) The department shall maintain a Health Professions Career Opportunity Program that shall include, but not be limited to, all of the following: (1) Implementing programs at colleges and universities selected by the department, which may include public and private institutions. (A) In selecting campuses for the programs, the department shall give priority to campuses in medically underserved areas or with students from groups underrepresented in medicine, demonstrated commitment to diversity and associated institutional change, a track record of providing tailored student support, and strong health professions school partnerships. (B) The department may enter into contracts, to meet the requirements of this article, with nonprofit entities headquartered in California that have previous experience with administering statewide workforce programs aimed at building a diverse provider workforce. (C) The programs shall include one or both of the following: (i) Pipeline programs that provide comprehensive academic enrichment, career development, mentorship, and advising in order to support students from underrepresented regions and backgrounds to pursue health careers. This may include internships and fellowships to enable students to compete for admission to graduate health professions schools or employment in the health field, including, but not limited to, both of the following: (I) Paid summer internships for students interning in community health centers, public health departments, public behavioral health settings, and with geriatric providers, as well as community-based initiatives that promote health equity. (II) One-year postundergraduate fellowships for in-depth, pregraduate school experience in primary care and prevention, behavioral health, and geriatric health. (ii) Annual postbaccalaureate reapplicant slots and the provision of student scholarships for reapplicant postbaccalaureate students to cover program tuition. (2) Producing and disseminating a series of publications aimed at informing and motivating minority and disadvantaged students to pursue health professional careers. (3) Conducting a conference series aimed at informing students of opportunities in health professional training and mechanisms of successfully preparing to enter the training. (4) Providing support and technical assistance to health professional schools and colleges as well as to student and community organizations active in health professional development of underrepresented groups in medicine. (5) Conducting relevant health workforce information and data analysis regarding underrepresented groups in medicine. (6) Providing necessary consultation, recruitment, and counseling through other means. (7) Supporting and encouraging health professionals in training who are from underrepresented groups to practice in health professional shortage areas of California. (b) This section shall be implemented only to the extent that funds are appropriated for its purposes in the annual Budget Act or other statute. (Amended by Stats. 2021, Ch. 489, Sec. 1. (SB 395) Effective January 1, 2022.)
  83. 1279.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    Licensed or specially permitted health facilities must be periodically inspected, generally without advance notice, and the department must also inspect for compliance with state law and related regulations.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. ) ## 1279. (a) Every health facility for which a license or special permit has been issued shall be periodically inspected by the department, or by another governmental entity under contract with the department. The frequency of inspections shall vary, depending upon the type and complexity of the health facility or special service to be inspected, unless otherwise specified by state or federal law or regulation. The inspection shall include participation by the California Medical Association consistent with the manner in which it participated in inspections, as provided in Section 1282 prior to September 15, 1992. (b) Except as provided in subdivision (c) and Section 1422, inspections shall be conducted no less than once every two years and as often as necessary to ensure the quality of care being provided. (c) For a health facility specified in subdivision (a), (b), or (f) of Section 1250, inspections shall be conducted no less than once every three years, and as often as necessary to ensure the quality of care being provided. (d) During the inspection, the representative or representatives shall offer such advice and assistance to the health facility as they deem appropriate. (e) For acute care hospitals of 100 beds or more, the inspection team shall include at least a physician, registered nurse, and persons experienced in hospital administration and sanitary inspections. During the inspection, the team shall offer advice and assistance to the hospital as it deems appropriate. (f) The department shall ensure that a periodic inspection conducted pursuant to this section is not announced in advance of the date of inspection. An inspection may be conducted jointly with inspections by entities specified in Section 1282. However, if the department conducts an inspection jointly with an entity specified in Section 1282 that provides notice in advance of the periodic inspection, the department shall conduct an additional periodic inspection that is not announced or noticed to the health facility. The department shall conduct a periodic inspection to inspect compliance with this section and regulations adopted pursuant to Section 1276.4 that is not announced in advance of the date of inspection. (g) Notwithstanding any other law, the department shall inspect the facility for compliance with provisions of state law and regulations during a state periodic inspection or at the same time as a federal periodic inspection, including, but not limited to, an inspection required under this section. If the department inspects for compliance with state law and regulations at the same time as a federal periodic inspection, the inspection shall be done consistent with the guidance of the federal Centers for Medicare and Medicaid Services for the federal portion of the inspection. (h) The department shall emphasize consistency across the state and its district offices when conducting licensing and certification surveys and complaint investigations, including the selection of state or federal enforcement remedies in accordance with Section 1423. The department may issue federal deficiencies and recommend federal enforcement actions in those circumstances where they provide more rigorous enforcement action. (Amended by Stats. 2022, Ch. 277, Sec. 1. (AB 1907) Effective January 1, 2023.)
  84. 1279.1.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    Certain licensed health facilities must report adverse events to the department within 5 days, or within 24 hours for urgent or emergent threats, and must tell the patient or responsible party when the report is made.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. ) ## 1279.1. (a) A health facility licensed pursuant to subdivision (a), (b), or (f) of Section 1250 shall report an adverse event to the department no later than five days after the adverse event has been detected, or, if that event is an ongoing urgent or emergent threat to the welfare, health, or safety of patients, personnel, or visitors, not later than 24 hours after the adverse event has been detected. Disclosure of individually identifiable patient information shall be consistent with applicable law. (b) For purposes of this section, “adverse event” includes any of the following: (1) Surgical events, including the following: (A) Surgery performed on a wrong body part that is inconsistent with the documented informed consent for that patient. A reportable event under this subparagraph does not include a situation requiring prompt action that occurs in the course of surgery or a situation that is so urgent as to preclude obtaining informed consent. (B) Surgery performed on the wrong patient. (C) The wrong surgical procedure performed on a patient, which is a surgical procedure performed on a patient that is inconsistent with the documented informed consent for that patient. A reportable event under this subparagraph does not include a situation requiring prompt action that occurs in the course of surgery, or a situation that is so urgent as to preclude the obtaining of informed consent. (D) Retention of a foreign object in a patient after surgery or other procedure, excluding objects intentionally implanted as part of a planned intervention and objects present prior to surgery that are intentionally retained. (E) Death during or up to 24 hours after induction of anesthesia after surgery of a normal, healthy patient who has no organic, physiologic, biochemical, or psychiatric disturbance and for whom the pathologic processes for which the operation is to be performed are localized and do not entail a systemic disturbance. (2) Product or device events, including the following: (A) Patient death or serious disability associated with the use of a contaminated drug, device, or biologic provided by the health facility when the contamination is the result of generally detectable contaminants in the drug, device, or biologic, regardless of the source of the contamination or the product. (B) Patient death or serious disability associated with the use or function of a device in patient care in which the device is used or functions other than as intended. For purposes of this subparagraph, “device” includes, but is not limited to, a catheter, drain, or other specialized tube, infusion pump, or ventilator. (C) Patient death or serious disability associated with intravascular air embolism that occurs while being cared for in a facility, excluding deaths associated with neurosurgical procedures known to present a high risk of intravascular air embolism. (3) Patient protection events, including the following: (A) An infant discharged to the wrong person. (B) Patient death or serious disability associated with patient disappearance for more than four hours, excluding events involving adults who have competency or decisionmaking capacity. (C) A patient suicide or attempted suicide resulting in serious disability while being cared for in a health facility due to patient actions after admission to the health facility, excluding deaths resulting from self-inflicted injuries that were the reason for admission to the health facility. (4) Care management events, including the following: (A) A patient death or serious disability associated with a medication error, including, but not limited to, an error involving the wrong drug, the wrong dose, the wrong patient, the wrong time, the wrong rate, the wrong preparation, or the wrong route of administration, excluding reasonable differences in clinical judgment on drug selection and dose. (B) A patient death or serious disability associated with a hemolytic reaction due to the administration of ABO-incompatible blood or blood products. (C) Maternal death or serious disability associated with labor or delivery in a low-risk pregnancy while being cared for in a facility, including events that occur within 42 days postdelivery and excluding deaths from pulmonary or amniotic fluid embolism, acute fatty liver of pregnancy, or cardiomyopathy. (D) Patient death or serious disability directly related to hypoglycemia, the onset of which occurs while the patient is being cared for in a health facility. (E) Death or serious disability, including kernicterus, associated with failure to identify and treat hyperbilirubinemia in neonates during the first 28 days of life. For purposes of this subparagraph, “hyperbilirubinemia” means bilirubin levels greater than 30 milligrams per deciliter. (F) A Stage 3 or 4 ulcer, acquired after admission to a health facility, excluding progression from Stage 2 to Stage 3 if Stage 2 was recognized upon admission. (G) A patient death or serious disability due to spinal manipulative therapy performed at the health facility. (5) Environmental events, including the following: (A) A patient death or serious disability associated with an electric shock while being cared for in a health facility, excluding events involving planned treatments, such as electric countershock. (B) Any incident in which a line designated for oxygen or other gas to be delivered to a patient contains the wrong gas or is contaminated by a toxic substance. (C) A patient death or serious disability associated with a burn incurred from any source while being cared for in a health facility. (D) A patient death associated with a fall while being cared for in a health facility. (E) A patient death or serious disability associated with the use of restraints or bedrails while being cared for in a health facility. (6) Criminal events, including the following: (A) Any instance of care ordered by or provided by someone impersonating a physician, nurse, pharmacist, or other licensed health care provider. (B) The abduction of a patient of any age. (C) The sexual assault on a patient within or on the grounds of a health facility. (D) The death or significant injury of a patient or staff member resulting from a physical assault that occurs within or on the grounds of a facility. (7) An adverse event or series of adverse events that cause the death or serious disability of a patient, personnel, or visitor. (c) The facility shall inform the patient or the party responsible for the patient of the adverse event by the time the report is made. (d) “Serious disability” means a physical or mental impairment that substantially limits one or more of the major life activities of an individual, or the loss of bodily function, if the impairment or loss lasts more than seven days or is still present at the time of discharge from an inpatient health care facility, or the loss of a body part. (e) Nothing in this section shall be interpreted to change or otherwise affect hospital reporting requirements regarding reportable diseases or unusual occurrences, as provided in Section 70737 of Title 22 of the California Code of Regulations. The department shall review Section 70737 of Title 22 of the California Code of Regulations requiring hospitals to report “unusual occurrences” and consider amending the section to enhance the clarity and specificity of this hospital reporting requirement. (Amended by Stats. 2007, Ch. 130, Sec. 156. Effective January 1, 2008.)
  85. 1279.2.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    The department must inspect or investigate certain health-facility reports and complaints within specified timeframes and notify affected parties of its determination.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. ) ## 1279.2. (a) (1) In any case in which the department receives a report from a facility pursuant to Section 1279.1, or a written or oral complaint involving a health facility licensed pursuant to subdivision (a), (b), or (f) of Section 1250, that indicates an ongoing threat of imminent danger of death or serious bodily harm, the department shall make an onsite inspection or investigation within 48 hours or two business days, whichever is greater, of the receipt of the report or complaint and shall complete that investigation within 45 days. (2) Until the department has determined by onsite inspection that the adverse event has been resolved, the department shall, not less than once a year, conduct an unannounced inspection of any health facility that has reported an adverse event pursuant to Section 1279.1. (b) In any case in which the department is able to determine from the information available to it that there is no threat of imminent danger of death or serious bodily harm to that patient or other patients, the department shall complete an investigation of the report within 45 days. (c) If the department does not meet the timeframes established in subdivision (a), the department shall document the extenuating circumstances explaining why it could not meet the timeframes. The department shall provide written notice to the facility and the complainant, if any, of the basis for the extenuating circumstances and the anticipated completion date. (d) The department shall notify the complainant and licensee in writing of the department’s determination as a result of an inspection or report. (e) For purposes of this section, “complaint” means any oral or written notice to the department, other than a report from the health facility, of an alleged violation of applicable requirements of state or federal law or an allegation of facts that might constitute a violation of applicable requirements of state or federal law. (f) The costs of administering and implementing this section shall be paid from funds derived from existing licensing fees paid by general acute care hospitals, acute psychiatric hospitals, and special hospitals. (g) In enforcing this section and Sections 1279 and 1279.1, the department shall take into account the special circumstances of small and rural hospitals, as defined in Section 124840, in order to protect the quality of patient care in those hospitals. (h) In preparing the staffing and systems analysis required pursuant to Section 1266, the department shall also report regarding the number and timeliness of investigations of adverse events initiated in response to reports of adverse events. (Amended by Stats. 2015, Ch. 18, Sec. 6. (SB 75) Effective June 24, 2015.)
  86. 1279.3.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    The department must publish certain adverse-event and inspection information for consumer access, while protecting patient confidentiality and excluding names of health care professionals and workers from public release.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. ) ## 1279.3. (a) By January 1, 2015, the department shall provide information regarding reports of substantiated adverse events pursuant to Section 1279.1 and the outcomes of inspections and investigations conducted pursuant to Section 1279.1, on the department’s Internet Web site and in written form in a manner that is readily accessible to consumers in all parts of California, and that protects patient confidentiality. (b) By January 1, 2009, and until January 1, 2015, the department shall make information regarding reports of substantiated adverse events pursuant to Section 1279.1, and outcomes of inspections and investigations conducted pursuant to Section 1279.1, readily accessible to consumers throughout California. The department shall also compile and make available, to entities deemed appropriate by the department, data regarding these reports of substantiated adverse events pursuant to Section 1279.1 and outcomes of inspections and investigations conducted pursuant to Section 1279.1, in order that these entities may post this data on their Internet Web sites. Entities deemed appropriate by the department shall enter into a memorandum of understanding with the department that requires the inclusion of all data and all hospital information provided by the department. These entities may include universities, consumer organizations, or health care quality organizations. (c) The information required pursuant to this section shall include, but not be limited to, information regarding each substantiated adverse event, as defined in Section 1279.1, reported to the department, and may include compliance information history. The names of the health care professionals and health care workers shall not be included in the information released by the department to the public. (Added by Stats. 2006, Ch. 647, Sec. 3. Effective January 1, 2007. Operative July 1, 2007, by Sec. 5 of Ch. 647.)
  87. 1279.6.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. )

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    Health facilities must create and maintain a patient safety plan with required committees, reporting, review, training, and anti-racism/discrimination processes.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. ) ## 1279.6. (a) A health facility, as defined in subdivision (a), (b), (c), or (f) of Section 1250, shall develop, implement, and comply with a patient safety plan for the purpose of improving the health and safety of patients and reducing preventable patient safety events. The patient safety plan shall be developed by the facility in consultation with the facility’s various health care professionals. (b) The patient safety plan required pursuant to subdivision (a) shall, at a minimum, provide for the establishment of all of the following: (1) A patient safety committee or equivalent committee in composition and function. The committee shall be composed of the facility’s various health care professionals, including, but not limited to, physicians, nurses, pharmacists, and administrators. The committee shall do all of the following: (A) Review and approve the patient safety plan. (B) Receive and review reports of patient safety events as defined in subdivision (c). (C) Monitor implementation of corrective actions for patient safety events. (D) Make recommendations to eliminate future patient safety events. (E) Review and revise the patient safety plan, at least once a year, but more often if necessary, to evaluate and update the plan and to incorporate advancements in patient safety practices. (2) A reporting system for patient safety events that allows anyone involved, including, but not limited to, health care practitioners, facility employees, patients, and visitors, to make a report of a patient safety event to the health facility, including anonymous reporting options. (3) A process for a team of facility staff to conduct analyses, including, but not limited to, root cause analyses of patient safety events. The team shall be composed of the facility’s various categories of health care professionals with the appropriate competencies to conduct the required analyses. The process shall also include analyses of patient safety events, including the following sociodemographic factors, to identify disparities in these events: (A) Age. (B) Race. (C) Ethnicity. (D) Gender identity. (E) Sexual orientation. (F) Preferred language spoken. (G) Disability status. (H) Payor. (I) Sex. (4) For the purposes of paragraph (3), it is the intent of the Legislature that a health facility use the same stratification categories as developed and defined by the Department of Health Care Access and Information for purposes of Section 127372, which is part of the Medical Equity Disclosure Act (Article 3 (commencing with Section 127370) of Chapter 2 of Part 2 of Division 107). With respect to the information set forth in subparagraphs (D) and (E) of paragraph (3), a health facility shall only be required to disclose information that is voluntarily provided by the patient or client. (5) A reporting process that supports and encourages a culture of safety and reporting patient safety events. (6) A process for providing ongoing patient safety training for facility personnel and health care practitioners. (7) A process for addressing racism and discrimination, and their impact on patient health and safety, that includes, but is not limited to: (A) Monitoring sociodemographic disparities in patient safety events and developing interventions to remedy known disparities. (B) Encouraging facility staff to report suspected instances of racism and discrimination. (c) Commencing January 1, 2026, and biennially thereafter, a health facility shall submit a patient safety plan to the department’s licensing and certification division. (1) The department may impose a fine not to exceed five thousand dollars ($5,000) on a health facility for failure to adopt, update, or submit a patient safety plan. (2) The department may grant a health facility an automatic 60-day extension for submitting a biennial patient safety plan. (d) The department shall make all patient safety plans submitted by health facilities available to the public on its internet website. (e) For the purposes of this section, patient safety events shall be defined by the patient safety plan and shall include, but not be limited to, all adverse events or potential adverse events as described in Section 1279.1 that are determined to be preventable, and health-care-associated infections (HAI), as defined in the federal Centers for Disease Control and Prevention’s National Healthcare Safety Network, or its successor, unless the department accepts the recommendation of the Healthcare Associated Infection Advisory Committee, or its successor, that are determined to be preventable. (Amended by Stats. 2025, Ch. 243, Sec. 3. (SB 862) Effective January 1, 2026.)
  88. 1279.7.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. )

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    Health facilities covered by this section must implement a facilitywide hand hygiene program and follow connector-use restrictions, with limited emergency/urgent 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. ) ## 1279.7. (a) A health facility, as defined in subdivision (a), (b), (c), or (f) of Section 1250, shall implement a facilitywide hand hygiene program. (b) Commencing January 1, 2017, a health facility, as defined in subdivision (a), (b), (c), or (f) of Section 1250, is prohibited from using an epidural connector that would fit into a connector other than the type it was intended for, unless an emergency or urgent situation exists and the prohibition would impair the ability to provide health care. (c) Commencing January 1, 2016, a health facility, as defined in subdivision (a), (b), (c), or (f) of Section 1250, is prohibited from using an intravenous connector that would fit into a connector other than the type it was intended for, unless an emergency or urgent situation exists and the prohibition would impair the ability to provide health care. (d) Commencing July 1, 2016, a health facility, as defined in subdivision (a), (b), (c), or (f) of Section 1250, is prohibited from using an enteral feeding connector that would fit into a connector other than the type it was intended for, unless an emergency or urgent situation exists and the prohibition would impair the ability to provide health care. (e) The Advanced Medical Technology Association shall, on January 1 of each year until the standards are developed, provide the Legislature with a report on the progress of the International Organization for Standardization in developing new design standards for connectors for intravenous, epidural, or enteral applications. (f) A health facility that is required to develop a patient safety plan pursuant to Section 1279.6 shall include in the patient safety plan measures to prevent adverse events associated with misconnecting intravenous, enteral feeding, and epidural lines. This subdivision shall become inoperative as to epidural connectors upon the operative date of subdivision (b), and as to intravenous connectors upon the operative date of subdivision (c), and as to enteral feeding connectors upon the operative date of subdivision (d). (Amended by Stats. 2016, Ch. 86, Sec. 174. (SB 1171) Effective January 1, 2017.)
  89. 1279.8.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. )

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    Health facilities covered by this section must create and follow an absentee notification plan for missing patients.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. ) ## 1279.8. (a) Every health facility, as defined in subdivision (c), (d), (e), (g), (h), (i), or (m) of Section 1250, shall, for the purpose of addressing issues that arise when a patient is missing from the facility, develop and comply with an absentee notification plan as part of the written plans and procedures that are required pursuant to federal or state law. The plan shall include and be limited to the following: a requirement that an administrator of the facility, or his or her designee, inform the patient’s authorized representative when that patient is missing from the facility and the circumstances in which an administrator of the facility, or his or her designee, shall notify local law enforcement when a patient is missing from the facility. (b) This section shall not apply to state hospitals under the jurisdiction of the State Department of State Hospitals when the executive director of the state hospital, or his or her designee, determines that informing the patient’s authorized representative that a patient is missing will create a risk to the safety and security of the state hospital. (Added by Stats. 2013, Ch. 674, Sec. 1. (AB 620) Effective January 1, 2014.)
  90. 127900.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Personnel Recruitment and Education [127875 - 128052] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Health Promotion Education Programs for Allied Health Professionals [127900- 127900.] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. )

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    The department must create a contract program for allied health manpower training, consult experts, and may waive some requirements if a potential contractor shows it can meet the program’s goals.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Personnel Recruitment and Education [127875 - 128052] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2. Health Promotion Education Programs for Allied Health Professionals [127900- 127900.] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 127900. (a) The Legislature finds and declares that evidence exists to support the development of health promotion and health-risk reduction programs as an effective method of constraining the annual inflation rate for expenditures in the health industry. It is, therefore, the intent of the Legislature that a health manpower education program be developed to demonstrate the health promotion and health-risk reduction concept at educational institutions, with special emphasis on health manpower development in urban areas having a disproportionate share of disadvantaged and indigent persons. (b) The department shall establish a contract program for funding allied health manpower training projects related to health promotion and health-risk reduction. The contract program shall provide funds to eligible institutions, as determined by the department, for all of the following purposes: (1) Teaching existing and future primary care providers about health-risk reduction through the institutions’ basic curricula. (2) Recruiting, remediating, and retaining minority allied health professionals, including, but not limited to, physician assistants, nurse practitioners, nurse-midwives, public health nurses, health educators, dieticians, and nutritionists, especially those who provide in-home patient care. (3) Increasing the supply of medical care in underserved urban areas and demonstrating methods which reduce cost through the use of allied health personnel. (c) (1) These funds shall be available to institutions which currently operate programs for training family physicians, other primary care physicians, and those health professionals identified in paragraph (2) of subdivision (b). (2) For purposes of this subdivision, “family physician” means a primary care physician and surgeon who renders continued comprehensive and preventative health care services to individuals and families, and who has received specialized training in an approved family medicine residency for three years after graduation from an accredited medical school. (d) The recipients of the funds shall provide, but shall not be limited to providing, orientation and training of primary care providers in teaching methods related to patient health education and health promotion, such as educating allied health professionals in the principles of self-care management as it relates to specific health problems in medically underserved communities. (e) The department shall consult with organizations and experts in the field regarding the establishment of this program, and beginning with the 1986–87 fiscal year, this program shall be implemented to the extent funds are provided in the Budget Act. This program shall be designed to accommodate an appropriation request in the range of forty thousand dollars ($40,000) to eighty thousand dollars ($80,000) per year. (f) The director of the department may waive any of the requirements of subdivisions (b) and (c) if a potential contractor demonstrates an ability to meet the goals and objectives of the program. (Amended by Stats. 2021, Ch. 143, Sec. 118. (AB 133) Effective July 27, 2021.)
  91. 127940.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Personnel Recruitment and Education [127875 - 128052] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2.75. National Health Service Corps State Loan Repayment Program [127940- 127940.] ( Article 2.75 added by Stats. 2003, Ch. 682, Sec. 1. )

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    The department must administer the loan repayment program, set a reasonable application deadline, consider all eligible applications before awards, include California federally qualified health centers on the eligible site list, and require program sites to agree to provide matching funds.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Personnel Recruitment and Education [127875 - 128052] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 2.75. National Health Service Corps State Loan Repayment Program [127940- 127940.] ( Article 2.75 added by Stats. 2003, Ch. 682, Sec. 1. ) ## 127940. (a) In administering the National Health Service Corps State Loan Repayment Program in accordance with Section 254q-1 of Title 42 of the United States Code and related federal regulations, the Department of Health Care Access and Information shall strive, whenever feasible, to equitably distribute loan repayment awards between eligible urban and rural program sites, after taking into account the availability of health care services in the communities to be served and the number of individuals to be served in each program site. (b) The department shall set a reasonable deadline for when all applications are required to be received. (c) All eligible applications shall be given consideration before any award is granted. (d) The department shall include all federally qualified health centers located in California in the program’s certified eligible site list. (e) As part of a program applicant’s initial application, program sites shall agree to provide matching funds. (Amended by Stats. 2021, Ch. 143, Sec. 120. (AB 133) Effective July 27, 2021.)
  92. 127975.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Personnel Recruitment and Education [127875 - 128052] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Nursing Education Scholarships [127975 - 128020] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

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    The state creates scholarships and must maintain, award, and administer them under this article.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Personnel Recruitment and Education [127875 - 128052] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Nursing Education Scholarships [127975 - 128020] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 127975. Recognizing that there is a shortage in supply of registered nurses, and that if the number of nursing students is to be materially increased to meet the demand there must first be an increase in the number of persons qualified for teaching or supervising in clinical areas, and further recognizing that the cost of education deters nurses from obtaining the education necessary to qualify them for teaching or supervision in clinical areas, there are hereby created state scholarships that shall be maintained by the state and awarded and administered pursuant to this article. (Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
  93. 127980.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Personnel Recruitment and Education [127875 - 128052] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Nursing Education Scholarships [127975 - 128020] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

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    At least 10 nursing scholarships must be available each year.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Personnel Recruitment and Education [127875 - 128052] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Nursing Education Scholarships [127975 - 128020] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 127980. There shall be available at least 10 scholarships per year. The scholarships shall be available to any registered nurse who is enrolled in one of the following accredited nursing programs in a college or university in California that is accredited by the Western Association of Schools and Colleges: (a) The junior or senior year in a bachelor’s degree program in nursing. (b) A program supplementary to a bachelor’s degree program in nursing required for admission to master’s level studies, in nursing. (c) A master’s degree or a post-master’s program in teaching or supervision in a clinical nursing area. (Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
  94. 127985.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Personnel Recruitment and Education [127875 - 128052] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Nursing Education Scholarships [127975 - 128020] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

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    A person may not receive this scholarship unless they meet residency, licensure, compliance, education, enrollment, and California employment-commitment conditions.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Personnel Recruitment and Education [127875 - 128052] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Nursing Education Scholarships [127975 - 128020] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 127985. A person shall not be awarded a scholarship under subdivision (a) or (b) of Section 127980 unless: (a) They are a resident of California. (b) They are licensed as a registered nurse by this state. (c) They have complied with all the regulations adopted pursuant to this article. (d) They have agreed that they will continue their education to completion of the bachelor’s degree or a program supplemental to a bachelor’s degree required for admission to master level studies in nursing, and that after completion of the requirements of subdivision (a) or (b) of Section 127980 and within a period of time to be determined by the department, will enroll in an accredited master’s degree program in teaching or supervision in a clinical nursing area. (e) They agree that immediately upon completion of their graduate study, either master’s degree or post-master’s program, they will assume an employment obligation in California in teaching or supervision in a clinical nursing area, for not less than one year. (Amended by Stats. 2021, Ch. 143, Sec. 121. (AB 133) Effective July 27, 2021.)
  95. 127990.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Personnel Recruitment and Education [127875 - 128052] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Nursing Education Scholarships [127975 - 128020] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    A scholarship under subdivision (c) of Section 127980 may be awarded only if the recipient satisfies the requirements listed in subdivisions (a), (b), (c), and (e) of Section 127985.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Personnel Recruitment and Education [127875 - 128052] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Nursing Education Scholarships [127975 - 128020] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 127990. No person shall be awarded a scholarship under subdivision (c) of Section 127980 unless he or she satisfies the requirements prescribed by subdivisions (a), (b), (c), and (e) of Section 127985. (Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
  96. 127995.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Personnel Recruitment and Education [127875 - 128052] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Nursing Education Scholarships [127975 - 128020] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

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    The department must administer the nursing education scholarships program and adopt any regulations it finds necessary to carry out this article.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Personnel Recruitment and Education [127875 - 128052] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Nursing Education Scholarships [127975 - 128020] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 127995. The department shall administer the program of nursing education scholarships and shall for this purpose, adopt regulations as it determines are necessary to carry out this article. (Amended by Stats. 2021, Ch. 143, Sec. 122. (AB 133) Effective July 27, 2021.)
  97. 1280.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. )

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    The state department may offer consulting help to health facilities, but it must notify facilities of deficiencies and facilities must agree on a correction plan. If problems are not fixed, the director or department may order corrective action, reduce patients, close units, or suspend or revoke a license in some cases.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. ) ## 1280. (a) The state department may provide consulting services upon request to any health facility to assist in the identification or correction of deficiencies or the upgrading of the quality of care provided by the health facility. (b) The state department shall notify the health facility of all deficiencies in its compliance with this chapter and the rules and regulations adopted hereunder, and the health facility shall agree with the state department upon a plan of correction that shall give the health facility a reasonable time to correct these deficiencies. If at the end of the allotted time, as revealed by inspection, the health facility has failed to correct the deficiencies, the director may take action to revoke or suspend the license. (c) (1) In addition to subdivision (a), if the health facility is licensed under subdivision (a), (b), or (f) of Section 1250, and if the facility fails to implement a plan of correction that has been agreed upon by both the facility and the state department within a reasonable time, the state department may order implementation of the plan of correction previously agreed upon by the facility and the state department. If the facility and the state department fail to agree upon a plan of correction within a reasonable time and if the deficiency poses an immediate and substantial hazard to the health or safety of patients, then the director may take action to order implementation of a plan of correction devised by the state department. The order shall be in writing and shall contain a statement of the reasons for the order. If the facility does not agree that the deficiency poses an immediate and substantial hazard to the health or safety of patients or if the facility believes that the plan of correction will not correct the hazard, or if the facility proposes a more efficient or effective means of remedying the deficiency, the facility may, within 10 days of receiving the plan of correction from the department, appeal the order to the director. The director shall review information provided by the facility, the department, and other affected parties and within a reasonable time render a decision in writing that shall include a statement of reasons for the order. During the period which the director is reviewing the appeal, the order to implement the plan of correction shall be stayed. The opportunity for appeal provided pursuant to this subdivision shall not be deemed to be an adjudicative hearing and is not required to comply with Section 100171. (2) If any condition within a health facility licensed under subdivision (a), (b), or (f) of Section 1250 poses an immediate and substantial hazard to the health or safety of patients, the state department may order either of the following until the hazardous condition is corrected: (A) Reduction in the number of patients. (B) Closure of the unit or units within the facility that pose the risk. If the unit to be closed is an emergency room in a designated facility, as defined in Section 1797.67, the state department shall notify and coordinate with the local emergency medical services agency. (3) The facility may appeal an order pursuant to paragraph (2) by appealing to the superior court of the county in which the facility is located. (4) Paragraph (2) shall not apply to a deficiency for which the facility was cited prior to January 1, 1994. (d) Reports on the results of each inspection of a health facility shall be prepared by the inspector or inspector team and shall be kept on file in the state department along with the plan of correction and health facility comments. The inspection report may include a recommendation for reinspection. Inspection reports of an intermediate care facility/developmentally disabled habilitative or an intermediate care facility/developmentally disabled—nursing shall be provided by the state department to the appropriate regional center pursuant to Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code. (e) All inspection reports and lists of deficiencies shall be open to public inspection when the state department has received verification that the health facility has received the report from the state department. All plans of correction shall be open to public inspection upon receipt by the state department. (f) In no event shall the act of providing a plan of correction, the content of the plan of correction, or the execution of a plan of correction, be used in any legal action or administrative proceeding as an admission within the meaning of Sections 1220 to 1227, inclusive, of the Evidence Code against the health facility, its licensee, or its personnel. (Amended by Stats. 1997, Ch. 220, Sec. 10. Effective August 4, 1997.)
  98. 1280.1.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. )

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    The department may impose administrative penalties on certain health facility licensees for immediate-jeopardy deficiencies, and the licensee may request a hearing within 10 days if it disputes the department’s determination.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. ) ## 1280.1. (a) Subject to subdivision (d), prior to the effective date of regulations adopted to implement Section 1280.3, if a licensee of a health facility licensed under subdivision (a), (b), or (f) of Section 1250 receives a notice of deficiency constituting an immediate jeopardy to the health or safety of a patient and is required to submit a plan of correction, the department may assess the licensee an administrative penalty in an amount not to exceed twenty-five thousand dollars ($25,000) per violation. (b) If the licensee disputes a determination by the department regarding the alleged deficiency or the alleged failure to correct a deficiency, or regarding the reasonableness of the proposed deadline for correction or the amount of the penalty, the licensee may, within 10 days, request a hearing pursuant to Section 131071. Penalties shall be paid when appeals have been exhausted and the department’s position has been upheld. (c) For purposes of this section “immediate jeopardy” means a situation in which the licensee’s noncompliance with one or more requirements of licensure has caused, or is likely to cause, serious injury or death to the patient. (d) This section shall apply only to incidents occurring on or after January 1, 2007. With respect to incidents occurring on or after January 1, 2009, the amount of the administrative penalties assessed under subdivision (a) shall be up to one hundred thousand dollars ($100,000) per violation. With respect to incidents occurring on or after January 1, 2009, the amount of the administrative penalties assessed under subdivision (a) shall be up to fifty thousand dollars ($50,000) for the first administrative penalty, up to seventy-five thousand dollars ($75,000) for the second subsequent administrative penalty, and up to one hundred thousand dollars ($100,000) for the third and every subsequent violation. An administrative penalty issued after three years from the date of the last issued immediate jeopardy violation shall be considered a first administrative penalty so long as the facility has not received additional immediate jeopardy violations and is found by the department to be in substantial compliance with all state and federal licensing laws and regulations. The department shall have full discretion to consider all factors when determining the amount of an administrative penalty pursuant to this section. (e) No new regulations are required or authorized for implementation of this section. (f) This section shall become inoperative on the effective date of regulations promulgated by the department pursuant to Section 1280.3. (g) In enforcing this section, the department shall take into consideration the special circumstances of small and rural hospitals, as defined in Section 124840, in order to protect access to quality care in those hospitals. (Amended by Stats. 2008, Ch. 605, Sec. 1. Effective January 1, 2009. Inoperative on date prescribed in subd. (f).)
  99. 1280.15.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. )

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    Certain licensed health facilities must prevent unauthorized access to patient medical information and report breaches to the department and affected patients within specified deadlines, subject to law-enforcement delay rules.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. ) ## 1280.15. (a) A clinic, health facility, home health agency, or hospice licensed pursuant to Section 1204, 1250, 1725, or 1745 shall prevent unlawful or unauthorized access to, and use or disclosure of, patients’ medical information, as defined in Section 56.05 of the Civil Code and consistent with Section 1280.18. For purposes of this section, internal paper records, electronic mail, or facsimile transmissions inadvertently misdirected within the same facility or health care system within the course of coordinating care or delivering services shall not constitute unauthorized access to, or use or disclosure of, a patient’s medical information. The department, after investigation, may assess an administrative penalty for a violation of this section of up to twenty-five thousand dollars ($25,000) per patient whose medical information was unlawfully or without authorization accessed, used, or disclosed, and up to seventeen thousand five hundred dollars ($17,500) per subsequent occurrence of unlawful or unauthorized access, use, or disclosure of that patient’s medical information. For purposes of the investigation, the department shall consider the clinic’s, health facility’s, agency’s, or hospice’s history of compliance with this section and other related state and federal statutes and regulations, the extent to which the facility detected violations and took preventative action to immediately correct and prevent past violations from recurring, and factors outside its control that restricted the facility’s ability to comply with this section. The department shall have full discretion to consider all factors when determining whether to investigate and the amount of an administrative penalty, if any, pursuant to this section. (b) (1) A clinic, health facility, home health agency, or hospice to which subdivision (a) applies shall report any unlawful or unauthorized access to, or use or disclosure of, a patient’s medical information to the department no later than 15 business days after the unlawful or unauthorized access, use, or disclosure has been detected by the clinic, health facility, home health agency, or hospice. (2) Subject to subdivision (c), a clinic, health facility, home health agency, or hospice shall also report any unlawful or unauthorized access to, or use or disclosure of, a patient’s medical information to the affected patient or the patient’s representative at the last known address, or by an alternative means or at an alternative location as specified by the patient or the patient’s representative in writing pursuant to Section 164.522(b) of Title 45 of the Code of Federal Regulations, no later than 15 business days after the unlawful or unauthorized access, use, or disclosure has been detected by the clinic, health facility, home health agency, or hospice. Notice may be provided by email only if the patient has previously agreed in writing to electronic notice by email. (c) (1) A clinic, health facility, home health agency, or hospice shall delay the reporting, as required pursuant to paragraph (2) of subdivision (b), of any unlawful or unauthorized access to, or use or disclosure of, a patient’s medical information beyond 15 business days if a law enforcement agency or official provides the clinic, health facility, home health agency, or hospice with a written or oral statement that compliance with the reporting requirements of paragraph (2) of subdivision (b) would likely impede the law enforcement agency’s investigation that relates to the unlawful or unauthorized access to, and use or disclosure of, a patient’s medical information and specifies a date upon which the delay shall end, not to exceed 60 days after a written request is made, or 30 days after an oral request is made. A law enforcement agency or official may request an extension of a delay based upon a written declaration that there exists a bona fide, ongoing, significant criminal investigation of serious wrongdoing relating to the unlawful or unauthorized access to, and use or disclosure of, a patient’s medical information, that notification of patients will undermine the law enforcement agency’s investigation, and that specifies a date upon which the delay shall end, not to exceed 60 days after the end of the original delay period. (2) If the statement of the law enforcement agency or official is made orally, then the clinic, health facility, home health agency, or hospice shall do both of the following: (A) Document the oral statement, including, but not limited to, the identity of the law enforcement agency or official making the oral statement and the date upon which the oral statement was made. (B) Limit the delay in reporting the unlawful or unauthorized access to, or use or disclosure of, the patient’s medical information to the date specified in the oral statement, not to exceed 30 calendar days from the date that the oral statement is made, unless a written statement that complies with the requirements of this subdivision is received during that time. (3) A clinic, health facility, home health agency, or hospice shall submit a report that is delayed pursuant to this subdivision not later than 15 business days after the date designated as the end of the delay. (d) If a clinic, health facility, home health agency, or hospice to which subdivision (a) applies violates subdivision (b), the department may assess the licensee a penalty in the amount of one hundred dollars ($100) for each day that the unlawful or unauthorized access, use, or disclosure is not reported to the department or the affected patient, following the initial 15-day period specified in subdivision (b). However, the total combined penalty assessed by the department under subdivision (a) and this subdivision shall not exceed two hundred fifty thousand dollars ($250,000) per reported event. For enforcement purposes, it shall be presumed that the facility did not notify the affected patient if the notification was not documented. This presumption may be rebutted by a licensee only if the licensee demonstrates, by a preponderance of the evidence, that the notification was made. (e) In enforcing subdivisions (a) and (d), the department shall take into consideration the special circumstances of small and rural hospitals, as defined in Section 124840, and primary care clinics, as defined in subdivision (a) of Section 1204, in order to protect access to quality care in those hospitals and clinics. When assessing a penalty on a skilled nursing facility or other facility subject to Section 1423, 1424, 1424.1, or 1424.5, the department shall issue only the higher of either a penalty for the violation of this section or a penalty for violation of Section 1423, 1424, 1424.1, or 1424.5, not both. (f) All penalties collected by the department pursuant to this section, Sections 1280.1, 1280.3, 1280.4, and 1280.19, shall be deposited into the Internal Departmental Quality Improvement Account, which is hereby established in the State Treasury. Notwithstanding Section 16305.7 of the Government Code, all interest earned on the moneys deposited into the account shall be retained in the account. Upon appropriation by the Legislature, moneys in the account shall be expended for internal quality improvement activities in the Licensing and Certification Program. (g) If the licensee disputes a determination by the department regarding a failure to prevent or failure to timely report unlawful or unauthorized access to, or use or disclosure of, patients’ medical information, or the imposition of a penalty under this section, the licensee may, within 10 days of receipt of the penalty assessment, request a hearing pursuant to Section 131071. Penalties shall be paid when appeals have been exhausted and the penalty has been upheld. (h) In lieu of disputing the determination of the department regarding a failure to prevent or failure to timely report unlawful or unauthorized access to, or use or disclosure of, patients’ medical information, transmit to the department 75 percent of the total amount of the administrative penalty, for each violation, within 30 business days of receipt of the administrative penalty. (i) For purposes of this section, the following definitions shall apply: (1) “Reported event” means all breaches included in any single report that is made pursuant to subdivision (b), regardless of the number of breach events contained in the report. (2) “Unauthorized” means the inappropriate access, review, or viewing of patient medical information without a direct need for medical diagnosis, treatment, or other lawful use as permitted by the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code) or any other statute or regulation governing the lawful access, use, or disclosure of medical information. (j) Notwithstanding any other provision of law, the State Controller may use the funds in the Internal Departmental Quality Improvement Account for cash flow loans to the General Fund as provided in Sections 16310 and 16381 of the Government Code. (Amended by Stats. 2025, Ch. 21, Sec. 4. (AB 116) Effective June 30, 2025.)
  100. 1280.16.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. )

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    This section defines several terms used in nearby health-facility provisions, including “Department,” “Director,” “medical information,” “provider of health care,” and “unauthorized access.”

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. ) ## 1280.16. For purposes of Sections 1280.17, 1280.18, 1280.19, and 1280.20, the following definitions apply: (a) “Department” means the State Department of Public Health. (b) “Director” means the State Public Health Officer. (c) “Medical information” means the term as defined in Section 56.05 of the Civil Code. (d) “Provider of health care” means the term as defined in Sections 56.05 and 56.06 of the Civil Code. (e) “Unauthorized access” means the inappropriate review or viewing of patient medical information without a direct need for diagnosis, treatment, or other lawful use as permitted by the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code) or by other statutes or regulations governing the lawful access, use, or disclosure of medical information. (Added by renumbering Section 130201 by Stats. 2014, Ch. 31, Sec. 24. (SB 857) Effective June 20, 2014.)
  101. 1280.17.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. )

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    The department may fine persons and health care providers for violations, except certain licensed clinics, facilities, agencies, and hospices are excluded. The department must also adopt, amend, or repeal regulations to carry out related sections.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. ) ## 1280.17. (a) (1) The department may assess an administrative fine against any person or any provider of health care, whether licensed or unlicensed, for any violation of Section 1280.18 of this code or Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code in an amount as provided in Section 56.36 of the Civil Code. Proceedings against any person or entity for a violation of this section shall be held in accordance with administrative adjudication provisions of Chapter 4.5 (commencing with Section 11400) and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (2) Paragraph (1) shall not apply to a clinic, health facility, agency, or hospice licensed pursuant to Section 1204, 1250, 1725, or 1745. (b) The department shall adopt, amend, or repeal, in accordance with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, rules and regulations as may be reasonable and proper to carry out the purposes and intent of Sections 1280.18, 1280.19, and 1280.20, and to enable the authority to exercise the powers and perform the duties conferred upon it by those sections not inconsistent with any other provision of law. (Added by renumbering Section 130202 by Stats. 2014, Ch. 31, Sec. 25. (SB 857) Effective June 20, 2014.)
  102. 1280.18.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. )

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    Health care providers must put in place safeguards to protect patient medical information and reasonably protect it from unauthorized or unlawful access, use, or disclosure.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. ) ## 1280.18. (a) Every provider of health care shall establish and implement appropriate administrative, technical, and physical safeguards to protect the privacy of a patient’s medical information. Every provider of health care shall reasonably safeguard confidential medical information from any unauthorized access or unlawful access, use, or disclosure. (b) In exercising its duties pursuant to Section 1280.17, the department shall consider the provider’s capability, complexity, size, and history of compliance with this section and other related state and federal statutes and regulations, the extent to which the provider detected violations and took steps to immediately correct and prevent past violations from reoccurring, and factors beyond the provider’s immediate control that restricted the facility’s ability to comply with this section. (c) The department may conduct joint investigations of individuals and health facilities for violations of this section and Section 1280.15, respectively. (Added by renumbering Section 130203 by Stats. 2014, Ch. 31, Sec. 26. (SB 857) Effective June 20, 2014.)
  103. 1280.19.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. )

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    This section abolishes one account, moves its money and obligations into another account, and lets the State Controller use that account’s funds for cash flow loans to the General Fund.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. ) ## 1280.19. (a) Effective July 1, 2025, the Internal Health Information Integrity Quality Improvement Account is hereby abolished. All moneys in the fund shall be transferred to the Internal Departmental Quality Improvement Account created pursuant to subdivision (f) of Section 1280.15. Any remaining balance, assets, liabilities, and encumbrances of the Internal Health Information Integrity Quality Improvement Account as of July 1, 2025, shall be transferred to, and become part of, the Internal Departmental Quality Improvement Account. All administrative fines assessed by the department pursuant to Section 56.36 of the Civil Code shall be deposited into the Internal Departmental Quality Improvement Account. Notwithstanding Section 16305.7 of the Government Code, all interest earned on the moneys deposited in the account shall be retained in the account. Upon appropriation by the Legislature, moneys in the account shall be used for the purpose of supporting quality improvement activities in the Licensing and Certification Program. (b) Notwithstanding any other provision of law, the State Controller may use the funds in the Internal Departmental Quality Improvement Account for cash flow loans to the General Fund as provided in Sections 16310 and 16381 of the Government Code. (Amended by Stats. 2025, Ch. 21, Sec. 5. (AB 116) Effective June 30, 2025.)
  104. 1280.2.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. )

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    This section limits when a hospital facility can be cited for not meeting California Building Standards Code requirements and says the law should not be read to require certain older hospital buildings to be retrofitted for seismic standards.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. ) ## 1280.2. (a) No deficiency cited pursuant to paragraph (2) of subdivision (b) of Section 1280 or Section 1280.1 shall be for the failure of a facility to meet the requirements of the California Building Standards Code if, as of January 1, 1994, the hospital building was approved under Chapter 12.5 (commencing with Section 15000) of Division 12.5, or if the hospital building was exempt from that approval under any other provision of law in effect on that date. (b) It is the intent of the Legislature that neither the amendments made to Section 1280 by the act that added this section, nor Section 1280.1 shall be construed to require the retrofitting of hospital buildings built prior to January 1, 1994, to meet seismic standards in effect on that date. (Added by Stats. 1993, Ch. 1152, Sec. 3. Effective January 1, 1994.)
  105. 1280.20.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. )

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    The director may recommend further investigation or discipline of a potential licensing violation, and the health care licensing authority must review the evidence and may act on it.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. ) ## 1280.20. Notwithstanding any other law, the director may send a recommendation for further investigation of, or discipline for, a potential violation of the licensee’s relevant licensing authority. The recommendation shall include all documentary evidence collected by the director in evaluating whether or not to make that recommendation. The recommendation and accompanying evidence shall be deemed in the nature of an investigative communication and be protected by the provisions listed in Section 7920.505 of the Government Code. The licensing authority of the provider of health care shall review all evidence submitted by the director and may take action for further investigation or discipline of the licensee. (Amended by Stats. 2021, Ch. 615, Sec. 221. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  106. 1280.3.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. )

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    This section lets the department fine certain health facilities and licensees for licensure violations, with higher penalties for immediate jeopardy violations.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. ) ## 1280.3. (a) Commencing on the effective date of the regulations adopted pursuant to this section, the director may assess an administrative penalty against a licensee of a health facility licensed under subdivision (a), (b), or (f) of Section 1250 for a deficiency constituting an immediate jeopardy violation as determined by the department up to a maximum of seventy-five thousand dollars ($75,000) for the first administrative penalty, up to one hundred thousand dollars ($100,000) for the second subsequent administrative penalty, and up to one hundred twenty-five thousand dollars ($125,000) for the third and every subsequent violation. An administrative penalty issued after three years from the date of the last issued immediate jeopardy violation shall be considered a first administrative penalty so long as the facility has not received additional immediate jeopardy violations and is found by the department to be in substantial compliance with all state and federal licensing laws and regulations. The department shall have full discretion to consider all factors when determining the amount of an administrative penalty pursuant to this section. (b) Except as provided in subdivision (c), for a violation of this chapter or the rules and regulations promulgated thereunder that does not constitute a violation of subdivision (a), the department may assess an administrative penalty in an amount of up to twenty-five thousand dollars ($25,000) per violation. This subdivision shall also apply to violation of regulations set forth in Article 1 (commencing with Section 127400) of Chapter 2.5 of Part 2 of Division 107 or the rules and regulations promulgated thereunder. The department shall promulgate regulations establishing the criteria to assess an administrative penalty against a health facility licensed pursuant to subdivision (a), (b), or (f) of Section 1250. The criteria shall include, but need not be limited to, the following: (1) The patient’s physical and mental condition. (2) The probability and severity of the risk that the violation presents to the patient. (3) The actual financial harm to patients, if any. (4) The nature, scope, and severity of the violation. (5) The facility’s history of compliance with related state and federal statutes and regulations. (6) Factors beyond the facility’s control that restrict the facility’s ability to comply with this chapter or the rules and regulations promulgated thereunder. (7) The demonstrated willfulness of the violation. (8) The extent to which the facility detected the violation and took steps to immediately correct the violation and prevent the violation from recurring. (c) The department shall not assess an administrative penalty for minor violations. (d) The regulations shall not change the definition of immediate jeopardy as established in this section. (e) The regulations shall apply only to incidents occurring on or after the effective date of the regulations. (f) (1) Notwithstanding subdivision (a), if the department determines that a health facility licensed under subdivision (a), (b), or (f) of Section 1250 has violated a regulation adopted pursuant to Section 1276.4, the department shall assess an administrative penalty of fifteen thousand dollars ($15,000) for the first violation and thirty thousand dollars ($30,000) for the second and each subsequent violation. For purposes of this subdivision, multiple violations found on the same inspection survey shall constitute a single violation for purposes of determining whether the violation was a first, second, or subsequent violation. For purposes of this subdivision, the department shall treat violations on separate days as separate violations. (2) A violation occurring more than three years after the date of the last violation shall be treated as a first violation. (3) 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 subdivision by means of an All Facilities Letter (AFL) or similar instruction. (4) (A) Notwithstanding paragraph (1), a general acute care hospital shall not be subject to an administrative penalty under that paragraph if the hospital demonstrates to the satisfaction of the department all of the following: (i) That any fluctuation in required staffing levels was unpredictable and uncontrollable. (ii) Prompt efforts were made to maintain required staffing levels. (iii) In making those efforts, the hospital immediately used and subsequently exhausted the hospital’s on-call list of nurses and the charge nurse. For purposes of this paragraph, an “on-call list” shall be comprised of nurses who are scheduled to be on call for the shift and unit where an alleged violation occurred, or nurses who are assigned to a regularly scheduled float pool shift to cover any shortages across one or more specified units. A hospital contacting, or attempting to contact, licensed nurses who are not scheduled to be on call and who are not assigned to a float pool for the unit and shift where an alleged violation occurred shall not be considered as exhausting an on-call list for purposes of this paragraph. (B) This paragraph does not affect the obligation of a general acute care hospital to maintain proper staffing levels as prescribed in Section 70217 of Title 22 of the California Code of Regulations. (5) This section does not prohibit the department from issuing an administrative penalty for a staffing violation pursuant to this section and an administrative penalty for any resulting harm pursuant to subdivision (a). (g) If the licensee disputes a determination by the department regarding the alleged deficiency or alleged failure to correct a deficiency, or regarding the reasonableness of the proposed deadline for correction or the amount of the penalty, the licensee may, within 10 working days, request a hearing pursuant to Section 131071. Penalties shall be paid when all appeals have been exhausted and the department’s position has been upheld. (h) For purposes of this section, “immediate jeopardy” means a situation in which the licensee’s noncompliance with one or more requirements of licensure has caused, or is likely to cause, serious injury or death to the patient. (i) In enforcing subdivision (a) and paragraph (1) of subdivision (f), the department shall take into consideration the special circumstances of small and rural hospitals, as defined in Section 124840, in order to protect access to quality care in those hospitals. (Amended by Stats. 2025, Ch. 773, Sec. 1. (SB 596) Effective January 1, 2026.)
  107. 1280.4.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. )

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    The department may fine certain health facility licensees up to $100 per day for failing to report required events or incidents, and a disputed determination can be taken to a hearing within 10 days.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. ) ## 1280.4. (a) If a licensee of a health facility licensed under subdivision (a), (b), or (f) of Section 1250 fails to report an adverse event pursuant to Section 1279.1, the department may assess the licensee a civil penalty in an amount not to exceed one hundred dollars ($100) for each day that the adverse event is not reported following the initial five-day period or 24-hour period, as applicable, pursuant to subdivision (a) of Section 1279.1. (b) If a licensee of a health facility licensed under subdivision (a) or (b) of Section 1250 is required to, and fails to, immediately report an incident under subdivision (a) of Section 4427.5 of the Welfare and Institutions Code, the department may assess the licensee a civil penalty in the amount not to exceed one hundred dollars ($100) for each day that the incident was not reported to law enforcement. (c) If a licensee disputes a determination by the department regarding an alleged failure to report as described in this section, the licensee may, within 10 days, request a hearing pursuant to Section 131071. Penalties shall be paid when appeals pursuant to those provisions have been exhausted. (Amended by Stats. 2013, Ch. 724, Sec. 1. (SB 651) Effective January 1, 2014.)
  108. 1280.5.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. )

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    The state department must accept, consider, and resolve written appeals about inspection findings for a health facility.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. ) ## 1280.5. The state department shall accept, consider, and resolve written appeals by a licensee or health facility administrator of findings made upon the inspection of a health facility. (Added by Stats. 1988, Ch. 595, Sec. 1.)
  109. 1280.6.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. )

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    When setting an administrative penalty, the director must consider whether the deficiency came from the same incident as an investigation or fine involving the related health care service plan, and must limit the penalty to account for the other penalty if it did.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. ) ## 1280.6. In assessing an administrative penalty pursuant to Section 1280.1 or Section 1280.3 against a licensee of a health facility licensed under subdivision (a) of Section 1250 owned by a nonprofit corporation that shares an identical board of directors with a nonprofit health care service plan licensed pursuant to Chapter 2.2 (commencing with Section 1340), the director shall consider whether the deficiency arises from an incident that is the subject of investigation of, or has resulted in a fine to, the health care service plan by the Department of Managed Health Care. If the deficiency results from the same incident, the director shall limit the administrative penalty to take into consideration the penalty imposed by the Department of Managed Health Care. (Added by Stats. 2006, Ch. 895, Sec. 5.5. Effective January 1, 2007.)
  110. 128000.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Personnel Recruitment and Education [127875 - 128052] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Nursing Education Scholarships [127975 - 128020] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

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    Scholarship applications must be filed with the department using its forms and following the timing and filing method set by the office’s regulations.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Personnel Recruitment and Education [127875 - 128052] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Nursing Education Scholarships [127975 - 128020] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 128000. Applications for scholarships shall be made to the department, upon forms provided by it, at the times and in the manner prescribed by the regulations adopted by the office. (Amended by Stats. 2021, Ch. 143, Sec. 123. (AB 133) Effective July 27, 2021.)
  111. 128005.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Personnel Recruitment and Education [127875 - 128052] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Nursing Education Scholarships [127975 - 128020] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department must award scholarships to qualified applicants, may prefer applicants willing to serve anywhere in the state, and must not award a scholarship to an applicant with adequate financial resources to pay the education cost.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Personnel Recruitment and Education [127875 - 128052] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Nursing Education Scholarships [127975 - 128020] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 128005. The department shall award the scholarships to the applicants that it determines are best fitted to undertake the educational program for which the scholarships are awarded and will be the best qualified to teach or supervise. In awarding the scholarships the department may give a preference to applicants who are willing to be available, upon the completion of their educational program, for a position in any part of the state. The department shall not, however, award any scholarship to an applicant if it determines that the applicant has adequate financial resources to pay the cost of the education necessary to qualify them for teaching or supervision in a clinical area. (Amended by Stats. 2021, Ch. 143, Sec. 124. (AB 133) Effective July 27, 2021.)
  112. 128010.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Personnel Recruitment and Education [127875 - 128052] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Nursing Education Scholarships [127975 - 128020] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Scholarships must be awarded without regard to race, religion, creed, or sex.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Personnel Recruitment and Education [127875 - 128052] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Nursing Education Scholarships [127975 - 128020] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 128010. Scholarships shall be awarded without regard to race, religion, creed, or sex. (Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
  113. 128015.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Personnel Recruitment and Education [127875 - 128052] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Nursing Education Scholarships [127975 - 128020] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Scholarships under this article last no more than one academic year and pay either $200 or $250 per month for 12 months, plus school fees, depending on the applicant’s qualification category.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Personnel Recruitment and Education [127875 - 128052] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Nursing Education Scholarships [127975 - 128020] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 128015. Each scholarship under this article is for the period of no more than one academic year, and the award shall be: (a) For a person qualifying under subdivision (a) or (b) of Section 127980, the sum of two hundred dollars ($200) per month for 12 months, plus school fees. (b) For a person qualifying under subdivision (c) of Section 127980, the sum of two hundred fifty dollars ($250) per month for 12 months, plus school fees. (Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
  114. 128020.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Personnel Recruitment and Education [127875 - 128052] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Nursing Education Scholarships [127975 - 128020] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    A scholarship stays in effect only while the recipient keeps satisfactory progress and remains enrolled full-time, for the period the department determines.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Personnel Recruitment and Education [127875 - 128052] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 3. Nursing Education Scholarships [127975 - 128020] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 128020. A scholarship shall remain in effect only during the period, as determined by the department, that the person receiving the award achieves satisfactory progress and is regularly enrolled, within the terms of this article, as a full-time student. (Amended by Stats. 2021, Ch. 143, Sec. 125. (AB 133) Effective July 27, 2021.)
  115. 128025.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Personnel Recruitment and Education [127875 - 128052] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 4. Health Professions Planning Grants [128025 - 128040] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    This section defines “innovative programs of education in the health professions” for this article.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Personnel Recruitment and Education [127875 - 128052] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 4. Health Professions Planning Grants [128025 - 128040] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 128025. For the purpose of this article, “innovative programs of education in the health professions” means programs for the development of physicians and surgeons, podiatrists, dentists, pharmacists, nurses, optometrists, and occupations in the allied health professions, that emphasize all of the following: (a) The practice in the community on the part of graduates of the program. (b) The utilization of existing teaching resources and clinical care facilities within the community where the program is located. (c) The development of curricular mechanisms that allow for movement from one occupational category to the next, up to and including the doctor of medicine level. (d) The training of persons possessing previously acquired health care skills, for positions of greater responsibility, with an emphasis upon corpsmen honorably discharged from the military. (e) The training of persons with little or no formal education but with a willingness and aptitude to acquire health care skills. (f) The development of coordination with community health care facilities to insure quality education and satisfactory employment opportunities for graduates of the program. (Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
  116. 128030.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Personnel Recruitment and Education [127875 - 128052] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 4. Health Professions Planning Grants [128025 - 128040] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department must run the program under this article and adopt any regulations it considers reasonably necessary, working with the California Postsecondary Education Commission.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Personnel Recruitment and Education [127875 - 128052] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 4. Health Professions Planning Grants [128025 - 128040] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 128030. The department, in cooperation with the California Postsecondary Education Commission, shall administer the program established pursuant to this article and shall for this purpose, adopt regulations as it determines are reasonably necessary to carry out this article. (Amended by Stats. 2021, Ch. 143, Sec. 126. (AB 133) Effective July 27, 2021.)
  117. 128035.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Personnel Recruitment and Education [127875 - 128052] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 4. Health Professions Planning Grants [128025 - 128040] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department may make grants to help organizations with certain health professions education, research, training, and planning projects.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Personnel Recruitment and Education [127875 - 128052] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 4. Health Professions Planning Grants [128025 - 128040] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 128035. The department is authorized to make grants, from funds appropriated by the Legislature for this purpose, to assist organizations in meeting the cost of special projects to plan, develop, or establish innovative programs of education in the health professions, or for research in the various fields related to education in the health professions, or to develop training for new types of health professions personnel, or to meet the costs of planning experimental teaching facilities. In determining priority of project applications, the department shall give the highest priority to: (1) Applicants able to obtain commitments for matching planning funds from other governmental and private sources. (2) Applicants who develop a preliminary plan that conforms to the criteria stated hereinabove for innovative programs of education in the health sciences. (3) Applicants that in its judgment are most able to translate a plan into a feasible program. (Amended by Stats. 2021, Ch. 143, Sec. 127. (AB 133) Effective July 27, 2021.)
  118. 128040.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Personnel Recruitment and Education [127875 - 128052] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 4. Health Professions Planning Grants [128025 - 128040] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department must report to the Legislature by June 30, 2002 on whether a California dental loan forgiveness program is feasible, and the report must cover several specified topics.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Personnel Recruitment and Education [127875 - 128052] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 4. Health Professions Planning Grants [128025 - 128040] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 128040. (a) The Department of Health Care Access and Information shall report to the Legislature on or before June 30, 2002, on the feasibility of establishing a California dental loan forgiveness program utilizing the same general guidelines applicable to the federal National Health Service Corps State Loan Repayment Program (42 U.S.C.A. Sec. 254q-1; 42 C.F.R., Part 62, Subpart C (commencing with Section 62.51)), except as follows: (1) A dentist shall be eligible to participate in the loan forgiveness program if they provide full-time or half-time dental services in either of the following: (A) A dental health professional shortage area (DHPSA), established pursuant to Section 254e(a) of Title 42 of the United States Code. (B) An area of the state where unmet priority needs for dentists exist as determined by the department. (2) Matching funds to repay a portion of the dentist’s outstanding loan amount shall be required from the practice site areas or from other private nonprofit sources. (3) A qualifying practice site shall include a private dental practice. (b) (1) The report required under subdivision (a) shall include all of the following: (A) A projection of the dentist-to-population ratio for California in the next decade. (B) A determination of the future need for dentists and dental care in underserved communities. The department shall work collaboratively with organizations that represent providers of dental services to underserved communities in making this determination. (C) A report on the utilization by dentists of tuition loan repayment programs at the federal and state level and identify the barriers to full utilization of these loan repayment programs. (D) A report on the projected cost increase of dental school education at public and private postsecondary educational institutions. (E) A report on the implications of administering an additional program, including a cost analysis. (2) The report also shall include recommendations on whether a program described in subdivision (a) should be established and, if so, suggested funding sources. In making its recommendations, the department shall consider the impact of the program on access to dental services in areas of the state that currently have a shortage of dentists. (Amended by Stats. 2021, Ch. 143, Sec. 128. (AB 133) Effective July 27, 2021.)
  119. 128050.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Personnel Recruitment and Education [127875 - 128052] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 5. Health Care Workforce Research and Data Center [128050 - 128052] ( Heading of Article 5 amended by Stats. 2021, Ch. 143, Sec. 129. )

    Verify source ↗

    The Department of Health Care Access and Information must establish a health care workforce research and data center.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Personnel Recruitment and Education [127875 - 128052] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 5. Health Care Workforce Research and Data Center [128050 - 128052] ( Heading of Article 5 amended by Stats. 2021, Ch. 143, Sec. 129. ) ## 128050. The Department of Health Care Access and Information shall establish a health care workforce research and data center to serve as the central source of health care workforce and educational data in the state. The research and data center will serve as the state’s central source of healthcare workforce and education data. The research and data center shall be responsible for the collection, analysis, and distribution of information on the educational and employment trends for health care occupations and distribution in the state. The activities of the research and data center shall be funded by appropriations made from the California Health Data and Planning Fund in accordance with subdivision (h) of Section 127280. (Amended by Stats. 2021, Ch. 143, Sec. 130. (AB 133) Effective July 27, 2021.)
  120. 128051.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Personnel Recruitment and Education [127875 - 128052] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 5. Health Care Workforce Research and Data Center [128050 - 128052] ( Heading of Article 5 amended by Stats. 2021, Ch. 143, Sec. 129. )

    Verify source ↗

    The Department of Health Care Access and Information must work with specified agencies and entities to collect available health care workforce data.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Personnel Recruitment and Education [127875 - 128052] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 5. Health Care Workforce Research and Data Center [128050 - 128052] ( Heading of Article 5 amended by Stats. 2021, Ch. 143, Sec. 129. ) ## 128051. The Department of Health Care Access and Information shall work with the Employment Development Department’s Labor Market Information Division, state licensing boards, and state higher education entities to collect, to the extent available, all of the following data: (a) The current supply of health care workers, by specialty. (b) The geographical distribution of health care workers, by specialty. (c) The diversity of the health care workforce, by specialty, including, but not necessarily limited to, data on race, ethnicity, and languages spoken. (d) The current and forecasted demand for health care workers, by specialty. (e) The educational capacity to produce trained, certified, and licensed health care workers, by specialty and by geographical distribution, including, but not necessarily limited to, the number of educational slots, the number of enrollments, the attrition rate, and wait time to enter the program of study. (Amended by Stats. 2021, Ch. 143, Sec. 131. (AB 133) Effective July 27, 2021.)
  121. 128052.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Personnel Recruitment and Education [127875 - 128052] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 5. Health Care Workforce Research and Data Center [128050 - 128052] ( Heading of Article 5 amended by Stats. 2021, Ch. 143, Sec. 129. )

    Verify source ↗

    The Department of Health Care Access and Information must prepare an annual report to the Legislature.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 2. Personnel Recruitment and Education [127875 - 128052] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 5. Health Care Workforce Research and Data Center [128050 - 128052] ( Heading of Article 5 amended by Stats. 2021, Ch. 143, Sec. 129. ) ## 128052. The Department of Health Care Access and Information shall prepare an annual report to the Legislature that does all of the following: (a) Identifies education and employment trends in the health care profession. (b) Reports on the current supply and demand for health care workers in California and gaps in the educational pipeline producing workers in specific occupations and geographic areas. (c) Recommends state policy needed to address issues of workforce shortage and distribution. (d) Describes the health care workforce program outcomes and effectiveness. (Amended by Stats. 2021, Ch. 143, Sec. 132. (AB 133) Effective July 27, 2021.)
  122. 1281.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    General acute care hospitals must either follow specified sexual-assault examination, treatment, and evidence-preservation standards or immediately refer victims to a local hospital that does, and they must notify certain agencies if they adopt the referral protocol.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. ) ## 1281. All public and private general acute care hospitals either shall comply with the standards for the examination and treatment of victims of sexual assault and attempted sexual assault, including child sexual abuse, and the collection and preservation of evidence therefrom, specified in Section 13823.11 of the Penal Code, and the protocol and guidelines therefor established pursuant to Section 13823.5 of the Penal Code, or they shall adopt a protocol for the immediate referral of these victims to a local hospital that so complies, and shall notify local law enforcement agencies, the district attorney, and local victim assistance agencies of the adoption of the referral protocol. (Amended by Stats. 2019, Ch. 714, Sec. 1. (AB 538) Effective January 1, 2020.)
  123. 1281.5.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. )

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    General acute care hospitals with emergency departments must adopt procedures to help patients self-identify as victims of human trafficking or domestic violence, protect confidentiality, give patients a safe way to tell staff, offer a private interview and local resource information, and use trauma-informed 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. ) ## 1281.5. (a) All general acute care hospitals with an emergency department shall adopt and implement policies and procedures to facilitate the self-identification of an emergency department patient as a victim of human trafficking or domestic violence to hospital personnel. (b) The policies and procedures adopted and implemented pursuant to subdivision (a) shall meet all of the following minimum requirements: (1) Provide for patient confidentiality in accordance with the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code). (2) Provide an emergency department patient with a safe and discreet means of informing hospital personnel that they are a victim of human trafficking or domestic violence. (3) (A) Facilitate a reasonably prompt and private interview of the patient by medical personnel for purposes of providing information to the patient described in paragraph (4). This paragraph does not require a patient to participate in a private interview if the patient declines. (B) For purposes of this paragraph, “medical personnel” includes any health care professional licensed under Article 1 (commencing with Section 500) of Chapter 1 of Division 2 of the Business and Professions Code. (4) Provide patients with information to local services and resources for victims of human trafficking or domestic violence, if any. (5) Incorporate principles of trauma-informed care. (c) Every general acute care hospital subject to this section may track the use of the self-identification procedure, including the total number, ages, and racial demographics of patients who self-identify as a victim of human trafficking or domestic violence, to the extent that this information is provided by the patient. (d) (1) A general acute care hospital subject to this section shall not be required to report the identities of any patients who self-identify as a victim of human trafficking or domestic violence to the department or to any law enforcement agency, except as may be required pursuant to Article 2 (commencing with Section 11160) or Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or Chapter 11 (commencing with Section 15600) of Part 3 of Division 9 of the Welfare and Institutions Code. (2) (A) A general acute care hospital, including its directors, officers, employees, medical staff, contracted health care providers, agents, and all persons licensed under Article 1 (commencing with Section 500) of Chapter 1 of Division 2 of the Business and Professions Code, acting in compliance with this section shall not be liable for any injuries or damages arising from, or related to, a patient who is offered or receives the information described in paragraph (4) of subdivision (b) or who self-identifies, including any injuries inflicted by a trafficker or abuser based on acts or omissions taken pursuant to the policies and procedures established under this section, so long as the hospital has acted in good faith. (B) The liability limitations described in subparagraph (A) shall not be construed to limit a person’s liability for any act or omission that constitutes gross negligence or willful or wanton misconduct. (e) For purposes of this section, the following definitions shall apply: (1) “Human trafficking” has the same meaning as that term is defined in Section 236.1 of the Penal Code. (2) “Domestic violence” has the same meaning as that term is defined in Section 6211 of the Family Code or Section 13700 of the Penal Code. (Added by Stats. 2024, Ch. 616, Sec. 1. (SB 963) Effective January 1, 2025.)
  124. 128125.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 3. Professional Practice Development [128125 - 128195] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. Health Workforce Pilot Projects [128125 - 128195] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 133. )

    Verify source ↗

    The Legislature says health care delivery should be improved through new roles, reallocated tasks, and selected publicly evaluated pilot projects that are exempt from the healing arts practices acts.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 3. Professional Practice Development [128125 - 128195] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. Health Workforce Pilot Projects [128125 - 128195] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 133. ) ## 128125. The Legislature finds that there is a need to improve the effectiveness of health care delivery systems. One way of accomplishing that objective is to utilize health care personnel in new roles and to reallocate health tasks to better meet the health needs of the citizenry. The Legislature finds that experimentation with new kinds and combinations of health care delivery systems is desirable, and that, for purposes of this experimentation, a select number of publicly evaluated health workforce pilot projects should be exempt from the healing arts practices acts. The Legislature also finds that large sums of public and private funds are being spent to finance health workforce innovation projects, and that the activities of some of these projects exceed the limitations of state law. These projects may jeopardize the public safety and the careers of persons who are trained in them. It is the intent of the Legislature to establish the accountability of health workforce innovation projects to the requirements of the public health, safety, and welfare, and the career viability of persons trained in these programs. Further, it is the intent of this legislation that existing healing arts licensure laws incorporate innovations developed in approved projects that are likely to improve the effectiveness of health care delivery systems. (Amended by Stats. 2006, Ch. 259, Sec. 2. Effective January 1, 2007.)
  125. 128130.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 3. Professional Practice Development [128125 - 128195] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. Health Workforce Pilot Projects [128125 - 128195] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 133. )

    Verify source ↗

    This section defines key terms used in the article, including “Department,” “approved project,” “trainee,” “supervisor,” and “health care services.”

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 3. Professional Practice Development [128125 - 128195] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. Health Workforce Pilot Projects [128125 - 128195] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 133. ) ## 128130. For the purposes of this article: (a) “Department” means the Department of Health Care Access and Information. (b) “Approved project” means an educational or training program approved by the office that does any of the following on a pilot program basis: (1) Teaches new skills to existing categories of health care personnel. (2) Develops new categories of health care personnel. (3) Accelerates the training of existing categories of health care personnel. (4) Teaches new health care roles to previously untrained persons, and that has been so designated by the department. (c) “Trainee” means a person to be taught health care skills. (d) “Supervisor” means a person designated by the project sponsor who already possesses the skills to be taught the trainees and is certified or licensed in California to perform the health care tasks involving the skills. (e) “Health care services” means the practice of medicine, dentistry, nursing, including, but not limited to, specialty areas of nursing such as midwifery, pharmacy, optometry, podiatry, and psychology. (Amended by Stats. 2021, Ch. 143, Sec. 134. (AB 133) Effective July 27, 2021.)
  126. 128135.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 3. Professional Practice Development [128125 - 128195] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. Health Workforce Pilot Projects [128125 - 128195] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 133. )

    Verify source ↗

    The department may designate certain experimental health workforce projects as approved projects if they are sponsored by specified community, nonprofit, or government organizations. Approved projects may also use physicians’, dentists’, pharmacists’ offices, and other clinical settings as training sites.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 3. Professional Practice Development [128125 - 128195] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. Health Workforce Pilot Projects [128125 - 128195] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 133. ) ## 128135. The department may designate experimental health workforce projects as approved projects where the projects are sponsored by community hospitals or clinics, nonprofit educational institutions, or government agencies engaged in health or education activities. Nothing in this section shall preclude approved projects from utilizing the offices of physicians, dentists, pharmacists, and other clinical settings as training sites. (Amended by Stats. 2021, Ch. 143, Sec. 135. (AB 133) Effective July 27, 2021.)
  127. 128140.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 3. Professional Practice Development [128125 - 128195] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. Health Workforce Pilot Projects [128125 - 128195] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 133. )

    Verify source ↗

    A trainee in an approved project may provide health care services if supervised by a supervisor and the department has approved the general scope of those services.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 3. Professional Practice Development [128125 - 128195] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. Health Workforce Pilot Projects [128125 - 128195] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 133. ) ## 128140. Notwithstanding any other provision of law, a trainee in an approved project may perform health care services under the supervision of a supervisor where the general scope of the services has been approved by the department. (Amended by Stats. 2021, Ch. 143, Sec. 136. (AB 133) Effective July 27, 2021.)
  128. 128145.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 3. Professional Practice Development [128125 - 128195] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. Health Workforce Pilot Projects [128125 - 128195] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 133. )

    Verify source ↗

    A trainee and the supervisor are treated to the same standard of care, and receive the same immunities, as a legally qualified person performing the same health care services.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 3. Professional Practice Development [128125 - 128195] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. Health Workforce Pilot Projects [128125 - 128195] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 133. ) ## 128145. A trainee and his or her supervisor shall be held to the standard of care of, and shall be afforded the same immunities as, an individual otherwise legally qualified to perform the health care service or services performed by the trainee or supervisor. (Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
  129. 128150.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 3. Professional Practice Development [128125 - 128195] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. Health Workforce Pilot Projects [128125 - 128195] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 133. )

    Verify source ↗

    A patient being seen or treated by a trainee must be told that fact and given a chance to refuse treatment.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 3. Professional Practice Development [128125 - 128195] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. Health Workforce Pilot Projects [128125 - 128195] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 133. ) ## 128150. Any patient being seen or treated by a trainee shall be apprised of that fact and shall be given the opportunity to refuse treatment. Consent to the treatment shall not constitute assumption of the risk. (Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
  130. 128155.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 3. Professional Practice Development [128125 - 128195] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. Health Workforce Pilot Projects [128125 - 128195] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 133. )

    Verify source ↗

    The department must hold one or more public hearings before setting minimum standards, guidelines, and instructions for pilot projects, and applicant organizations must submit a detailed application.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 3. Professional Practice Development [128125 - 128195] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. Health Workforce Pilot Projects [128125 - 128195] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 133. ) ## 128155. The department, after one or more public hearings thereon, shall establish minimum standards, guidelines, and instructions for pilot projects. Advance notice of the hearing shall be sent to all interested parties and shall include a copy of the proposed minimum standards, guidelines, and instructions. Organizations requesting designation as approved projects shall complete and submit to the department an application, that shall include a description of the project indicating the category of person to be trained, the tasks to be taught, the numbers of trainees and supervisors, a description of the health care agency to be used for training students, and a description of the types of patients likely to be seen or treated. Additionally, the application shall contain a description of all of the following: (a) The evaluation process to be used. (b) The baseline data and information to be collected. (c) The nature of program data that will be collected and the methods for collecting and analyzing the data. (d) Provision for protecting the safety of patients seen or treated in the project. (e) A statement of previous experience in providing related health care services. (Amended by Stats. 2021, Ch. 143, Sec. 137. (AB 133) Effective July 27, 2021.)
  131. 128160.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 3. Professional Practice Development [128125 - 128195] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. Health Workforce Pilot Projects [128125 - 128195] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 133. )

    Verify source ↗

    Pilot projects may be approved in specified health workforce fields, with rural and central city projects given priority.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 3. Professional Practice Development [128125 - 128195] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. Health Workforce Pilot Projects [128125 - 128195] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 133. ) ## 128160. (a) Pilot projects may be approved in the following fields: (1) Expanded role medical auxiliaries. (2) Expanded role nursing. (3) Expanded role dental assistants, dental hygienists, dental hygienists in alternative practice, or dental hygienists in extended functions. (4) Maternal child care personnel. (5) Pharmacy personnel. (6) Mental health personnel. (7) Other health care personnel including, but not limited to, veterinary personnel, chiropractic personnel, podiatric personnel, geriatric care personnel, therapy personnel, and health care technicians. (b) Projects that operate in rural and central city areas shall be given priority. (Amended by Stats. 2008, Ch. 31, Sec. 52. Effective January 1, 2009. Operative July 1, 2009, by Sec. 55 of Ch. 31.)
  132. 128165.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 3. Professional Practice Development [128125 - 128195] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. Health Workforce Pilot Projects [128125 - 128195] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 133. )

    Verify source ↗

    The department must visit each approved project on site, evaluate it on listed factors, make collected data public with patient-confidentiality limits, allow dissenting comments, and publish those comments in its reports.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 3. Professional Practice Development [128125 - 128195] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. Health Workforce Pilot Projects [128125 - 128195] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 133. ) ## 128165. The department shall carry out periodic onsite visitations of each approved project and shall evaluate each project to determine the following: (a) The new health skills taught or extent that existing skills have been reallocated. (b) Implication of the project for existing licensure laws with suggestions for changes in the law where appropriate. (c) Implications of the project for health services curricula and for the health care delivery systems. (d) Teaching methods used in the project. (e) The quality of care and patient acceptance in the project. (f) The extent that persons with the new skills could find employment in the health care system, assuming laws were changed to incorporate their skill. (g) The cost of care provided in the project, the likely cost of this care if performed by the trainees subsequent to the project, and the cost for provision of this care by current providers thereof. All data collected by the department and by projects approved pursuant to this article shall become public information, with due regard for the confidentiality of individual patient information. The raw data on which projects’ reports are based and the data on which the department’s evaluation is based shall be available on request for review by interested parties. The department shall provide a reasonable opportunity for interested parties to submit dissenting views or challenges to reports to the Legislature and professional licensing boards required by this section. The department shall publish those comments, subject only to nonsubstantive editing, as part of its annual, or any special, reports. (Amended by Stats. 2021, Ch. 143, Sec. 138. (AB 133) Effective July 27, 2021.)
  133. 128170.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 3. Professional Practice Development [128125 - 128195] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. Health Workforce Pilot Projects [128125 - 128195] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 133. )

    Verify source ↗

    The department must approve enough projects to support testing the experiment’s validity.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 3. Professional Practice Development [128125 - 128195] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. Health Workforce Pilot Projects [128125 - 128195] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 133. ) ## 128170. The department shall approve a sufficient number of projects to provide a basis for testing the validity of the experiment. (Amended by Stats. 2021, Ch. 143, Sec. 139. (AB 133) Effective July 27, 2021.)
  134. 128175.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 3. Professional Practice Development [128125 - 128195] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. Health Workforce Pilot Projects [128125 - 128195] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 133. )

    Verify source ↗

    The department must get advice before designating approved projects, and state-agency-sponsored projects must follow extra hearing, notice, transcript, recommendation, and decision steps.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 3. Professional Practice Development [128125 - 128195] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. Health Workforce Pilot Projects [128125 - 128195] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 133. ) ## 128175. The department shall seek the advice of appropriate professional societies and appropriate healing arts licensing boards prior to designating approved projects. In the case of projects sponsored by a state agency, the following additional procedures shall apply: (a) A hearing shall be conducted by a disinterested state government official selected by the director of the department from a state agency other than the department or the proponent of the project. The cost of the services of the disinterested state governmental official shall be paid by the department pursuant to an interagency agreement with the state agency represented by the state governmental official. (b) A notice of hearing shall be sent by the department to interested parties, as designated by the director of the department, by registered mail no less than 30 days preceding the date of the hearing. The notice shall include, but not be limited to, the date, time, location, and subject matter of the hearing, and shall include a copy of the application for a pilot project that is the subject of the hearing. (c) A verbatim transcript of the hearing shall be prepared and distributed to interested parties upon request. (d) Within 60 days of the release of the transcript, the department shall submit a recommendation on the proposal to the director of the department and shall send copies to the interested parties. (e) The director of the department shall accept comments on the recommendations, and, on or after 30 days after transmittal of the recommendations, the director of the department shall approve or disapprove the proposed project. (Amended by Stats. 2021, Ch. 143, Sec. 140. (AB 133) Effective July 27, 2021.)
  135. 128180.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 3. Professional Practice Development [128125 - 128195] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. Health Workforce Pilot Projects [128125 - 128195] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 133. )

    Verify source ↗

    The department may not approve a project lasting more than two training cycles plus a preceptorship longer than 24 months unless it finds the project is likely to substantially improve access to high-quality health services in the state or a region.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 3. Professional Practice Development [128125 - 128195] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. Health Workforce Pilot Projects [128125 - 128195] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 133. ) ## 128180. The department shall not approve a project for a period lasting more than two training cycles plus a preceptorship of more than 24 months, unless the department determines that the project is likely to contribute substantially to the availability of high-quality health services in the state or a region thereof. (Amended by Stats. 2021, Ch. 143, Sec. 141. (AB 133) Effective July 27, 2021.)
  136. 128185.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 3. Professional Practice Development [128125 - 128195] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. Health Workforce Pilot Projects [128125 - 128195] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 133. )

    Verify source ↗

    The Legislature states findings about shortages in long-term care staffing and the possible role of geriatric technicians.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 3. Professional Practice Development [128125 - 128195] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. Health Workforce Pilot Projects [128125 - 128195] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 133. ) ## 128185. The Legislature finds and declares all of the following: (a) The Health Manpower Pilot Project No. 152 was approved in 1988 to respond to a shortage of adequately trained personnel to meet the needs of residents in long-term health care facilities. (b) Long-term health care facilities continue to report difficulties recruiting and retaining adequate nursing staff to meet current needs. (c) The population most in need of long-term care is growing rapidly. It is estimated by the year 2000, one-third of the entire population in the United States will be composed of persons over 65 years of age. Three-fourths of all residents of long-term health care facilities will be generated by this age group. (d) A 30-percent decrease in the labor pool of health workers has been projected for the same time period. This decline in resources will exacerbate the problem of acquiring adequate nursing resources. (e) The establishment of the geriatric technician as a new category of health worker may have the potential to increase the retention of experienced workers in long-term health care by creating health career opportunities and upward mobility for certified nurse assistants. (f) The use of geriatric technicians is not intended to displace licensed nurses, but rather to augment the level of available trained staff to optimize the quality of long-term health care. (Added by renumbering Section 429.82 (as added by Stats. 1995, Ch. 324) by Stats. 1996, Ch. 1023, Sec. 138. Effective September 29, 1996.)
  137. 128190.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 3. Professional Practice Development [128125 - 128195] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. Health Workforce Pilot Projects [128125 - 128195] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 133. )

    Verify source ↗

    The department may extend the geriatric technician pilot project if the sponsoring agency reapplies, and the project must keep meeting the department’s requirements.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 3. Professional Practice Development [128125 - 128195] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. Health Workforce Pilot Projects [128125 - 128195] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 133. ) ## 128190. The department may extend the geriatric technician pilot project, known as the Health Manpower Pilot Project No. 152, for a minimum of four additional years, pursuant to reapplication by the sponsoring agency. The project shall continue to meet the applicable requirements established by the department. The number of sponsors authorized to participate in the pilot project may be expanded to a maximum of five. (Amended by Stats. 2021, Ch. 143, Sec. 142. (AB 133) Effective July 27, 2021.)
  138. 128195.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 3. Professional Practice Development [128125 - 128195] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. Health Workforce Pilot Projects [128125 - 128195] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 133. )

    Verify source ↗

    The department must issue followup reports on approved geriatric technician pilot projects after 24 months of the employment utilization phase.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 3. Professional Practice Development [128125 - 128195] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 1. Health Workforce Pilot Projects [128125 - 128195] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 133. ) ## 128195. (a) The department shall issue followup reports on geriatric technician pilot projects approved by the department following 24 months of implementation of the employment utilization phase of each project. The reports shall contain all of the following information: (1) A description of the persons trained, including, but not limited to, the following: (A) The total number of persons who entered training. (B) The total number of persons who completed training. (C) The selection method, including descriptions of any nonquantitative criteria used by employers to refer persons to training. (D) The education and experience of the trainees prior to training. (E) Demographic characteristics of the trainees, as available. (2) An analysis of the training completed, including, but not limited to, the following: (A) Curriculum and core competencies. (B) Qualifications of the instructor. (C) Changes in the curriculum during the pilot project or recommended for the future. (D) The nature of clinical and didactic training, including the ratio of students to instructors. (3) A summary of the specific services provided by geriatric technicians. (4) The new health skills taught or the extent to which existing skills have been reallocated. (5) Implications of the project for existing licensure laws with suggestions for changes in the law where appropriate. (6) Implications of the project for health services curricula and for health care delivery systems. (7) Teaching methods used in the project. (8) The quality of care, including pertinent medication errors, incident reports, and patient acceptance in the project. (9) The extent to which persons with new skills could find employment in the health care system, assuming laws were changed to incorporate their skills. (10) The cost of care provided in the project, the likely cost of this care if performed by the trainees subsequent to the project, and the cost for provision of this care by current providers thereof. (b) Notwithstanding any other provision of law, issuance of the reports described in subdivision (a) shall not require that the department terminate the geriatric technician pilot projects authorized by the department. (Amended by Stats. 2021, Ch. 143, Sec. 143. (AB 133) Effective July 27, 2021.)
  139. 1282.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. )

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    The state department may contract for outside inspectors of health facilities, and in some cases must contract with qualified nonprofit professional organizations. A health facility must send the state department the final accreditation report within 30 days of receipt when the stated dual-inspection conditions 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. ) ## 1282. (a) The state department shall have the authority to contract for outside personnel to perform inspections of health facilities as the need arises. The state department, when feasible, shall contract with nonprofit, professional organizations which have demonstrated the ability to carry out the provisions of this chapter. The organizations shall include, but not be limited to, the California Medical Association Committee on Medical Staff Surveys and participants in the Consolidated Hospital Survey Program. Quality of care inspections have been performed in recent years by the California Medical Association Committee on Staff Surveys and other organizations which have combined their efforts in the Consolidated Hospital Survey Program. It is the intent of the Legislature that these organizations or comparable organizations shall continue to perform these inspections by contract when sufficient manpower is available from the organizations to do so, unless the state department demonstrates that the inspections fail to assure compliance with the quality of care standards set by this chapter. (b) If, pursuant to this section, the state department contracts with the Joint Commission on Accreditation of Hospitals to perform all or any part of a quality of care inspection for a health facility specified in subdivision (a) of Section 1250, and if that health facility contracts with the Joint Commission on Accreditation of Hospitals to perform an accreditation inspection and survey at the same time as the quality of care inspection, the health facility shall transmit to the state department, within 30 days of receipt, a copy of the final accreditation report of the Joint Commission on the Accreditation of Hospitals. However, if the Joint Commission on Accreditation of Hospitals conducts an accreditation inspection and survey at a health facility at a time other than the time at which, pursuant to this section, it participates in a quality of care inspection at that facility, then the health facility shall not be required to transmit a copy of the final accreditation report to the state department. (Amended by Stats. 1983, Ch. 992, Sec. 3.)
  140. 128200.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 4. Health Care Workforce Training Programs [128200 - 128300] ( Heading of Chapter 4 amended (as added by Stats. 1996, Ch. 1023) by Stats. 2006, Ch. 259, Sec. 5. ) ## ARTICLE 1. Song-Brown Health Care Workforce Training Act [128200 - 128235] ( Heading of Article 1 amended (as added by Stats. 1996, Ch. 1023) by Stats. 2006, Ch. 259, Sec. 6. )

    Verify source ↗

    This section names the article the Song-Brown Health Care Workforce Training Act and states legislative findings and goals about increasing family physicians, nurses, and primary care training in California.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 4. Health Care Workforce Training Programs [128200 - 128300] ( Heading of Chapter 4 amended (as added by Stats. 1996, Ch. 1023) by Stats. 2006, Ch. 259, Sec. 5. ) ## ARTICLE 1. Song-Brown Health Care Workforce Training Act [128200 - 128235] ( Heading of Article 1 amended (as added by Stats. 1996, Ch. 1023) by Stats. 2006, Ch. 259, Sec. 6. ) ## 128200. (a) This article shall be known and may be cited as the Song-Brown Health Care Workforce Training Act. (b) (1) The Legislature hereby finds and declares that physicians engaged in family medicine are in very short supply in California. The current emphasis placed on specialization in medical education has resulted in a shortage of physicians trained to provide comprehensive primary health care to families. The Legislature hereby declares that it regards the furtherance of a greater supply of competent family physicians to be a public purpose of great importance and further declares the establishment of the program pursuant to this article to be a desirable, necessary, and economical method of increasing the number of family physicians to provide needed medical services to the people of California. The Legislature further declares that it is to the benefit of the state to assist in increasing the number of competent family physicians graduated by colleges and universities of this state to provide primary health care services to families within the state. (2) The Legislature finds that the shortage of family physicians can be improved by the placing of a higher priority by public and private medical schools, hospitals, and other health care delivery systems in this state, on the recruitment and improved training of medical students and residents to meet the need for family physicians. To help accomplish this goal, each medical school in California is encouraged to organize a strong family medicine program or department. It is the intent of the Legislature that the programs or departments be headed by a physician who possesses specialty certification in the field of family medicine, and has broad clinical experience in the field of family medicine. (3) The Legislature further finds that encouraging the training of primary care physician’s assistants and primary care nurse practitioners will assist in making primary health care services more accessible to the citizenry, and will, in conjunction with the training of family physicians, lead to an improved health care delivery system in California. (4) Community hospitals in general and rural community hospitals in particular, as well as other health care delivery systems, are encouraged to develop family medicine residencies in affiliation or association with accredited medical schools, to help meet the need for family physicians in geographical areas of the state with recognized family primary health care needs. Utilization of expanded resources beyond university-based teaching hospitals should be emphasized, including facilities in rural areas wherever possible. (5) The Legislature also finds and declares that nurses are in very short supply in California. The Legislature hereby declares that it regards the furtherance of a greater supply of nurses to be a public purpose of great importance and further declares the expansion of the program pursuant to this article to include nurses to be a desirable, necessary, and economical method of increasing the number of nurses to provide needed nursing services to the people of California. (6) It is the intent of the Legislature to provide for a program designed primarily to increase the number of students and residents receiving quality education and training in the primary care specialties of family medicine, internal medicine, obstetrics and gynecology, and pediatrics and as primary care physician’s assistants, primary care nurse practitioners, and registered nurses and to maximize the delivery of primary care family physician services to specific areas of California where there is a recognized unmet priority need. This program is intended to be implemented through contracts with accredited medical schools, teaching health centers, programs that train primary care physician’s assistants, programs that train primary care nurse practitioners, programs that train registered nurses, hospitals, and other health care delivery systems based on per-student or per-resident capitation formulas. It is further intended by the Legislature that the programs will be professionally and administratively accountable so that the maximum cost-effectiveness will be achieved in meeting the professional training standards and criteria set forth in this article and Article 2 (commencing with Section 128250). (Amended by Stats. 2014, Ch. 31, Sec. 16. (SB 857) Effective June 20, 2014.)
  141. 128205.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 4. Health Care Workforce Training Programs [128200 - 128300] ( Heading of Chapter 4 amended (as added by Stats. 1996, Ch. 1023) by Stats. 2006, Ch. 259, Sec. 5. ) ## ARTICLE 1. Song-Brown Health Care Workforce Training Act [128200 - 128235] ( Heading of Article 1 amended (as added by Stats. 1996, Ch. 1023) by Stats. 2006, Ch. 259, Sec. 6. )

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    This section defines key terms used in the article and related article.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 4. Health Care Workforce Training Programs [128200 - 128300] ( Heading of Chapter 4 amended (as added by Stats. 1996, Ch. 1023) by Stats. 2006, Ch. 259, Sec. 5. ) ## ARTICLE 1. Song-Brown Health Care Workforce Training Act [128200 - 128235] ( Heading of Article 1 amended (as added by Stats. 1996, Ch. 1023) by Stats. 2006, Ch. 259, Sec. 6. ) ## 128205. As used in this article, and Article 2 (commencing with Section 128250), the following terms have the following meanings: (a) “Family physician” means a primary care physician and surgeon who is prepared to and renders continued comprehensive and preventative health care services to individuals and families and who has received specialized training in an approved family medicine residency for three years after graduation from an accredited medical school. (b) “Primary care physician” means a physician who is prepared to and renders continued comprehensive and preventative health care services, and has received specialized training in the areas of internal medicine, obstetrics and gynecology, or pediatrics. (c) “Council” means the California Health Workforce Education and Training Council. (d) “Graduate medical education” means residency programs for education or training in one or more specialties or subspecialties following graduation from medical school. (e) “Health professions education and training” means any formal organized education or training undertaken for the purpose of gaining knowledge and skills necessary to practice a specific health profession or to provide a role in a health care setting. Health professions education and training includes any type of health professions training program, including shadowing programs, participating in rotations, affiliation agreements, and accredited or accreditation-eligible programs, at any educational level, including certificate, undergraduate, graduate, professional, or postgraduate, and in any clinical discipline, excluding graduate medical education. (f) “Programs that train postgraduate primary care physician’s assistants” means a program that provides postgraduate fellowships for clinical training in primary care. Programs shall be affiliated with a community-based ambulatory patient care center within underserved communities. (g) “Programs that train primary care physician’s assistants” means a program that has been approved for the training of primary care physician assistants pursuant to Section 3513 of the Business and Professions Code. (h) “Programs that train postgraduate primary care nurse practitioners” means a program that provides postgraduate fellowships for clinical training in primary care. Programs shall be affiliated with a community-based ambulatory patient care center within underserved communities. (i) “Programs that train primary care nurse practitioners” means a program that is operated by a California school of medicine or nursing, or that is authorized by the Regents of the University of California or by the Trustees of the California State University, or that is approved by the Board of Registered Nursing. (j) “Programs that train registered nurses” means a program that is operated by a California school of nursing and approved by the Board of Registered Nursing, or that is authorized by the Regents of the University of California, the Trustees of the California State University, or the Board of Governors of the California Community Colleges, and that is approved by the Board of Registered Nursing. (k) “Programs that train midwives” means programs that train certified nurse-midwives and programs that train licensed midwives, as those terms are defined in Section 128297. (l) “Teaching health center” means a community-based ambulatory patient care center that operates a primary care residency program. Community-based ambulatory patient care settings include, but are not limited to, federally qualified health centers, community mental health centers, rural health clinics, health centers operated by the Indian Health Service, an Indian tribe or tribal organization, or an urban Indian organization, and entities receiving funds under Title X of the federal Public Health Service Act (Public Law 91-572). (Amended by Stats. 2022, Ch. 738, Sec. 7. (AB 204) Effective September 29, 2022.)
  142. 128210.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 4. Health Care Workforce Training Programs [128200 - 128300] ( Heading of Chapter 4 amended (as added by Stats. 1996, Ch. 1023) by Stats. 2006, Ch. 259, Sec. 5. ) ## ARTICLE 1. Song-Brown Health Care Workforce Training Act [128200 - 128235] ( Heading of Article 1 amended (as added by Stats. 1996, Ch. 1023) by Stats. 2006, Ch. 259, Sec. 6. )

    Verify source ↗

    This section creates a state medical contract program to support training in primary care and nursing fields and to improve service in areas of California with unmet need.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 4. Health Care Workforce Training Programs [128200 - 128300] ( Heading of Chapter 4 amended (as added by Stats. 1996, Ch. 1023) by Stats. 2006, Ch. 259, Sec. 5. ) ## ARTICLE 1. Song-Brown Health Care Workforce Training Act [128200 - 128235] ( Heading of Article 1 amended (as added by Stats. 1996, Ch. 1023) by Stats. 2006, Ch. 259, Sec. 6. ) ## 128210. There is hereby created a state medical contract program with accredited medical schools, hospitals and other health care delivery systems, teaching health centers, programs that train postgraduate primary care physician’s assistants, programs that train primary care physician’s assistants, programs that train postgraduate primary care nurse practitioners, programs that train primary care nurse practitioners, programs that train registered nurses, and programs that train midwives to increase the number of students and residents receiving quality education and training in the primary care specialties of family medicine, internal medicine, obstetrics and gynecology, midwifery, and pediatrics, or in nursing and to maximize the delivery of primary care and family physician services to specific areas of California where there is a recognized unmet priority need for those services. (Amended by Stats. 2022, Ch. 738, Sec. 8. (AB 204) Effective September 29, 2022.)
  143. 128230.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 4. Health Care Workforce Training Programs [128200 - 128300] ( Heading of Chapter 4 amended (as added by Stats. 1996, Ch. 1023) by Stats. 2006, Ch. 259, Sec. 5. ) ## ARTICLE 1. Song-Brown Health Care Workforce Training Act [128200 - 128235] ( Heading of Article 1 amended (as added by Stats. 1996, Ch. 1023) by Stats. 2006, Ch. 259, Sec. 6. )

    Verify source ↗

    When funding certain primary care and family medicine training programs, the department must give priority to programs that have shown success in listed underserved-area and diversity-related outcomes.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 4. Health Care Workforce Training Programs [128200 - 128300] ( Heading of Chapter 4 amended (as added by Stats. 1996, Ch. 1023) by Stats. 2006, Ch. 259, Sec. 5. ) ## ARTICLE 1. Song-Brown Health Care Workforce Training Act [128200 - 128235] ( Heading of Article 1 amended (as added by Stats. 1996, Ch. 1023) by Stats. 2006, Ch. 259, Sec. 6. ) ## 128230. When funding primary care and family medicine programs or departments, primary care and family medicine residencies, and programs for the training of postgraduate primary care physician’s assistants, primary care physician assistants, postgraduate primary care nurse practitioners, primary care nurse practitioners, certified nurse-midwives, licensed midwives, or registered nurses, the department shall give priority to programs that have demonstrated success in the following areas: (a) Graduating individuals who practice in medically underserved areas. (b) Enrolling members of underrepresented groups in medicine to the program. (c) Locating the program’s main training site in a medically underserved area. (d) Operating a main training site at which the majority of the patients are Medi-Cal recipients. (Amended by Stats. 2022, Ch. 738, Sec. 9. (AB 204) Effective September 29, 2022.)
  144. 128235.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 4. Health Care Workforce Training Programs [128200 - 128300] ( Heading of Chapter 4 amended (as added by Stats. 1996, Ch. 1023) by Stats. 2006, Ch. 259, Sec. 5. ) ## ARTICLE 1. Song-Brown Health Care Workforce Training Act [128200 - 128235] ( Heading of Article 1 amended (as added by Stats. 1996, Ch. 1023) by Stats. 2006, Ch. 259, Sec. 6. )

    Verify source ↗

    The Director of the Department of Health Care Access and Information must carry out several duties for health workforce training programs, including setting criteria, reviewing proposals, awarding contracts, and ending noncompliant contracts.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 4. Health Care Workforce Training Programs [128200 - 128300] ( Heading of Chapter 4 amended (as added by Stats. 1996, Ch. 1023) by Stats. 2006, Ch. 259, Sec. 5. ) ## ARTICLE 1. Song-Brown Health Care Workforce Training Act [128200 - 128235] ( Heading of Article 1 amended (as added by Stats. 1996, Ch. 1023) by Stats. 2006, Ch. 259, Sec. 6. ) ## 128235. Pursuant to this article and Article 2 (commencing with Section 128250), the Director of the Department of Health Care Access and Information shall do all of the following: (a) Develop application and contract criteria based on health care workforce needs and priorities. (b) Determine whether primary care and family medicine, postgraduate primary care physician’s assistant training proposals, primary care physician’s assistant training program proposals, postgraduate primary care nurse practitioner training program proposals, primary care nurse practitioner training program proposals, registered nurse training program proposals, and proposals from programs that train midwives submitted to the department for participation in the state medical contract program established by this article and Article 2 (commencing with Section 128250) meet established standards. (c) Select and contract on behalf of the state with accredited medical schools, teaching health centers, hospitals and other health care delivery systems, programs that train postgraduate primary care physician’s assistants, programs that train primary care physician’s assistants, programs that train postgraduate primary care nurse practitioners, programs that train primary care nurse practitioners, and programs that train midwives for the purpose of training undergraduate medical students and residents in the specialties of internal medicine, obstetrics and gynecology, pediatrics, and family medicine. Contracts shall be awarded to those institutions that best demonstrate the ability to provide quality education and training and to retain students and residents in specific areas of California where there is a recognized unmet priority need for primary care family physicians. Contracts shall be in conformity with the contract criteria developed by the Department of Health Care Access and Information. (d) Select and contract on behalf of the state with programs that train registered nurses. Contracts shall be awarded to those institutions that best demonstrate the ability to provide quality education and training and to retain students and residents in specific areas of California where there is a recognized unmet priority need for registered nurses. Contracts shall be in conformity with the contract criteria developed by the Department of Health Care Access and Information. (e) Terminate, upon 30 days’ written notice, the contract of any institution whose program does not meet the standards established or that otherwise does not maintain proper compliance with this part, except as otherwise provided in contracts entered into by the director pursuant to this article and Article 2 (commencing with Section 128250). (Amended by Stats. 2022, Ch. 738, Sec. 10. (AB 204) Effective September 29, 2022.)
  145. 128250.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 4. Health Care Workforce Training Programs [128200 - 128300] ( Heading of Chapter 4 amended (as added by Stats. 1996, Ch. 1023) by Stats. 2006, Ch. 259, Sec. 5. ) ## ARTICLE 2. California Health Workforce Education and Training Council [128250 - 128252] ( Article 2 added by Stats. 2022, Ch. 47, Sec. 33. )

    Verify source ↗

    This section creates the California Health Workforce Education and Training Council, assigns it a coordination role, sets its membership, and gives some members four-year terms.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 4. Health Care Workforce Training Programs [128200 - 128300] ( Heading of Chapter 4 amended (as added by Stats. 1996, Ch. 1023) by Stats. 2006, Ch. 259, Sec. 5. ) ## ARTICLE 2. California Health Workforce Education and Training Council [128250 - 128252] ( Article 2 added by Stats. 2022, Ch. 47, Sec. 33. ) ## 128250. (a) The terms used in this article have the same meaning as in Section 128205. (b) There is hereby created a California Health Workforce Education and Training Council that shall be responsible for helping coordinate California’s health workforce education and training to develop a health workforce that meets California’s health care needs. The council shall be composed of 18 members who, together, represent various graduate medical education and training programs, health professions, including, but not limited to, specialties for primary care and behavioral health, and consumer representatives who shall serve at the pleasure of their appointing authorities, as follows: (1) Six members appointed by the Governor. (2) One member who shall be the Director of the State Department of Health Care Services, or the director’s designee. (3) One member who shall be the Director of the Department of Health Care Access and Information, or the director’s designee. (4) One member who shall be the Secretary of Labor and Workforce Development, or the secretary’s designee. (5) Three members appointed by the Speaker of the Assembly. (6) Three members appointed by the Chairperson of the Senate Committee on Rules. (7) One member who shall be the President of the University of California, or the president’s designee. (8) One member who shall be the Chancellor of the California State University, or the chancellor’s designee. (9) One member who shall be the Chancellor of the California Community Colleges, or the chancellor’s designee. (c) Members of the council appointed under paragraphs (1), (5), and (6) of subdivision (a) shall be appointed for a term of four years, except that the term of office of the initial members appointed under paragraph (1) shall expire at the end of two years. (Added by Stats. 2022, Ch. 47, Sec. 33. (SB 184) Effective June 30, 2022.)
  146. 128251.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 4. Health Care Workforce Training Programs [128200 - 128300] ( Heading of Chapter 4 amended (as added by Stats. 1996, Ch. 1023) by Stats. 2006, Ch. 259, Sec. 5. ) ## ARTICLE 2. California Health Workforce Education and Training Council [128250 - 128252] ( Article 2 added by Stats. 2022, Ch. 47, Sec. 33. )

    Verify source ↗

    Council members who are not state employees must be paid $25 per day for attending a council meeting, plus actual and necessary travel expenses.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 4. Health Care Workforce Training Programs [128200 - 128300] ( Heading of Chapter 4 amended (as added by Stats. 1996, Ch. 1023) by Stats. 2006, Ch. 259, Sec. 5. ) ## ARTICLE 2. California Health Workforce Education and Training Council [128250 - 128252] ( Article 2 added by Stats. 2022, Ch. 47, Sec. 33. ) ## 128251. The members of the council, other than state employees, shall receive compensation of twenty-five dollars ($25) for each day’s attendance at a council meeting, in addition to actual and necessary travel expenses incurred in the course of attendance at a council meeting. (Added by Stats. 2022, Ch. 47, Sec. 33. (SB 184) Effective June 30, 2022.)
  147. 128252.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 4. Health Care Workforce Training Programs [128200 - 128300] ( Heading of Chapter 4 amended (as added by Stats. 1996, Ch. 1023) by Stats. 2006, Ch. 259, Sec. 5. ) ## ARTICLE 2. California Health Workforce Education and Training Council [128250 - 128252] ( Article 2 added by Stats. 2022, Ch. 47, Sec. 33. )

    Verify source ↗

    The council has the powers it needs to carry out its chapter duties, and must do so with attention to workforce diversity and improved access, quality, and equity of health care.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 4. Health Care Workforce Training Programs [128200 - 128300] ( Heading of Chapter 4 amended (as added by Stats. 1996, Ch. 1023) by Stats. 2006, Ch. 259, Sec. 5. ) ## ARTICLE 2. California Health Workforce Education and Training Council [128250 - 128252] ( Article 2 added by Stats. 2022, Ch. 47, Sec. 33. ) ## 128252. (a) The council shall have the powers and authority necessary to carry out the duties imposed upon it by this chapter, including, but not limited to, the following: (1) Develop graduate medical education and workforce training and development priorities for the state. (2) Discuss and make recommendations to the Department of Health Care Access and Information regarding the use of health care education and training funds appropriated by the Legislature for programs administered by the department under this part. (3) Develop standards and guidelines for residency and health professions education and training programs funded under this part. (4) Review outcomes data from funded programs, as provided to the council by the department, to reprioritize and reassess the graduate medical education and health professions education and training needs of California’s communities. (5) Explore options for developing a broad graduate medical education and health professions education and training funding strategy. (6) Advocate for additional funds and additional sources of funds to stimulate expansion of graduate medical education and health professions education and training in California. (7) Provide technical assistance and support for establishing new graduate medical education and health professions education and training programs in California. (8) Review and recommend health professions career pathways or ladders. (b) The council shall carry out the duties imposed upon it by this chapter with primary consideration given to increasing workforce diversity and furthering improved access, quality, and equity of health care for underserved, underrepresented, and Medi-Cal populations. Further, the council shall carry out the duties imposed upon it by this chapter with a primary focus on primary care, behavioral health, oral health, and allied health. (Added by Stats. 2022, Ch. 47, Sec. 33. (SB 184) Effective June 30, 2022.)
  148. 128295.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 4. Health Care Workforce Training Programs [128200 - 128300] ( Heading of Chapter 4 amended (as added by Stats. 1996, Ch. 1023) by Stats. 2006, Ch. 259, Sec. 5. ) ## ARTICLE 4. Midwifery Workforce Training Act [128295 - 128300] ( Article 4 added by Stats. 2021, Ch. 449, Sec. 5. )

    Verify source ↗

    This article may be cited as the Midwifery Workforce Training Act.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 4. Health Care Workforce Training Programs [128200 - 128300] ( Heading of Chapter 4 amended (as added by Stats. 1996, Ch. 1023) by Stats. 2006, Ch. 259, Sec. 5. ) ## ARTICLE 4. Midwifery Workforce Training Act [128295 - 128300] ( Article 4 added by Stats. 2021, Ch. 449, Sec. 5. ) ## 128295. This article shall be known, and may be cited, as the Midwifery Workforce Training Act. (Added by Stats. 2021, Ch. 449, Sec. 5. (SB 65) Effective January 1, 2022.)
  149. 128296.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 4. Health Care Workforce Training Programs [128200 - 128300] ( Heading of Chapter 4 amended (as added by Stats. 1996, Ch. 1023) by Stats. 2006, Ch. 259, Sec. 5. ) ## ARTICLE 4. Midwifery Workforce Training Act [128295 - 128300] ( Article 4 added by Stats. 2021, Ch. 449, Sec. 5. )

    Verify source ↗

    This section states legislative findings about shortages and unequal distribution of maternity care providers, and links access to midwifery and better outcomes.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 4. Health Care Workforce Training Programs [128200 - 128300] ( Heading of Chapter 4 amended (as added by Stats. 1996, Ch. 1023) by Stats. 2006, Ch. 259, Sec. 5. ) ## ARTICLE 4. Midwifery Workforce Training Act [128295 - 128300] ( Article 4 added by Stats. 2021, Ch. 449, Sec. 5. ) ## 128296. The Legislature finds and declares that maternity care providers are in short supply and maldistributed around the state, resulting in what the March of Dimes defines as “maternity care deserts” and “limited-access maternity care areas.” Many major counties are on track to have a critical shortage of maternity care providers by 2025. Maternity care is often the very first primary health care interaction, and the most common primary care interaction over the life of a woman and birthing person’s reproductive lifespan. Black and Native American individuals and other people of color in particular have significant difficulty in accessing maternity care and family planning services. Black women die from pregnancy-related causes at a rate of three to four times that of White women. Black infants are more than twice as likely to die in their first year as White infants. Access to quality care and resultant outcomes are intricately linked. Racial disparities in outcomes, especially, are connected in part to quality of and ability to access maternity care, especially by care providers whose care models elevate patient-centered, holistic, and culturally sensitive care. This kind of care is the hallmark of the midwifery model. (Added by Stats. 2021, Ch. 449, Sec. 5. (SB 65) Effective January 1, 2022.)
  150. 128297.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 4. Health Care Workforce Training Programs [128200 - 128300] ( Heading of Chapter 4 amended (as added by Stats. 1996, Ch. 1023) by Stats. 2006, Ch. 259, Sec. 5. ) ## ARTICLE 4. Midwifery Workforce Training Act [128295 - 128300] ( Article 4 added by Stats. 2021, Ch. 449, Sec. 5. )

    Verify source ↗

    This section defines key terms used in the article, including certified nurse-midwife, licensed midwife, the Office, and two categories of training programs.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 4. Health Care Workforce Training Programs [128200 - 128300] ( Heading of Chapter 4 amended (as added by Stats. 1996, Ch. 1023) by Stats. 2006, Ch. 259, Sec. 5. ) ## ARTICLE 4. Midwifery Workforce Training Act [128295 - 128300] ( Article 4 added by Stats. 2021, Ch. 449, Sec. 5. ) ## 128297. For purposes of this article, the following definitions apply: (a) “Certified nurse-midwife” means an advanced practice nurse with training in midwifery, as specified in, and a certificate issued pursuant to, Article 2.5 (commencing with Section 2746) of Chapter 6 of Division 2 of the Business and Professions Code. (b) “Licensed midwife” means an individual who has been issued a license to practice midwifery pursuant to Article 24 (commencing with Section 2505) of Chapter 5 of Division 2 of the Business and Professions Code. (c) “Office” means the Office of Statewide Health Planning and Development (OSHPD). (d) “Programs that train certified nurse-midwives” means a nurse-midwifery education program that is operated by a California school of nursing and approved by the Accreditation Commission for Midwifery Education, or that is authorized by the Regents of the University of California or by the Trustees of the California State University, or that is approved by the Board of Registered Nursing. (e) “Programs that train licensed midwives” means a midwifery education program operated by a California school of midwifery, and accredited by the Midwifery Education Accreditation Council (MEAC), or approved by the Bureau for Private and Postsecondary Education, or approved by the state licensing and regulatory board for licensed midwives. (Added by Stats. 2021, Ch. 449, Sec. 5. (SB 65) Effective January 1, 2022.)
  151. 128298.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 4. Health Care Workforce Training Programs [128200 - 128300] ( Heading of Chapter 4 amended (as added by Stats. 1996, Ch. 1023) by Stats. 2006, Ch. 259, Sec. 5. ) ## ARTICLE 4. Midwifery Workforce Training Act [128295 - 128300] ( Article 4 added by Stats. 2021, Ch. 449, Sec. 5. )

    Verify source ↗

    The office must create and run a midwifery training contracting program, with limits on who it may contract with and how it sets eligibility standards.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 4. Health Care Workforce Training Programs [128200 - 128300] ( Heading of Chapter 4 amended (as added by Stats. 1996, Ch. 1023) by Stats. 2006, Ch. 259, Sec. 5. ) ## ARTICLE 4. Midwifery Workforce Training Act [128295 - 128300] ( Article 4 added by Stats. 2021, Ch. 449, Sec. 5. ) ## 128298. (a) It is the intent of the Legislature to provide for a program designed primarily to increase the number of students receiving quality education and training as a certified nurse-midwife or a licensed midwife in accordance with the global standards for midwifery education and the international definition of “midwife” as established by the International Confederation of Midwives, in order to maximize the delivery of reproductive services to specific areas of California where there is a recognized unmet priority need. (b) (1) The office shall establish a program to contract with programs that train certified nurse-midwives and programs that train licensed midwives in accordance with the global standards for midwifery education and the international definition of “midwife” as established by the International Confederation of Midwives in order to increase the number of students receiving quality education and training as a certified nurse-midwife or as a licensed midwife. (2) The office shall only contract with programs that train certified nurse-midwives and programs that train licensed midwives that, at minimum, include, or that intend to create, a component of training designed for medically underserved multicultural communities, lower socioeconomic neighborhoods, or rural communities, and that are organized to prepare program graduates for service in those neighborhoods and communities, or that seek to recruit and retain racially and ethnically diverse students, underrepresented groups, or people from underserved or historically marginalized communities. (3) The office may adopt standards and regulations necessary to carry out this article. In adopting eligibility standards for programs that train certified nurse-midwives and that train licensed midwives in accordance with the standards set forth in subdivisions (a) and (b), the office may accept those educational standards and competencies established by the respective state licensing and regulatory bodies for certified nurse-midwives and for licensed midwives. The office shall take care not to implement education or competency standards beyond what is required for the training programs by their respective state licensing and regulatory bodies that could inadvertently create an unnecessary barrier for training programs to obtain funding for the training of midwives in California. (4) The office shall develop alternative strategies to provide long-term stability for, or expansion of, this act, such as through funding provided by private foundations and administered by the office for the purposes of carrying out this article. (5) Nothing in this article prevents the office from developing a protocol to contract with potential programs that train nurse-midwives or that train licensed midwives, in order to support the initial startup of new training programs, as long as the eligibility requirements of this article are met or can be met through the award of funds. (6) The office may pay contracted programs that train certified nurse-midwives and programs that train licensed midwives in an amount calculated based on a single per-student capitation formula, or through another method, in order to cover the costs of innovative special projects or programs. (7) Funds appropriated to the office for purposes of this article and awarded by the office to eligible programs that train certified nurse-midwives or programs that train licensed midwives may be used by the training program to develop new initiatives, projects, or curriculum, or to expand existing initiatives, projects, or curriculum. Awarded funds may also be used for general support and sustainability of the overall training program, or to sustain specific components of the training program, including, but not limited to, tuition assistance for students, or support for preceptor recruitment, or to sustain preceptor training sites for students. (c) This section shall be implemented only upon an appropriation by the Legislature for these purposes in the annual Budget Act or another act. (Added by Stats. 2021, Ch. 449, Sec. 5. (SB 65) Effective January 1, 2022.)
  152. 128299.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 4. Health Care Workforce Training Programs [128200 - 128300] ( Heading of Chapter 4 amended (as added by Stats. 1996, Ch. 1023) by Stats. 2006, Ch. 259, Sec. 5. ) ## ARTICLE 4. Midwifery Workforce Training Act [128295 - 128300] ( Article 4 added by Stats. 2021, Ch. 449, Sec. 5. )

    Verify source ↗

    This article becomes operative on January 1, 2022.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 4. Health Care Workforce Training Programs [128200 - 128300] ( Heading of Chapter 4 amended (as added by Stats. 1996, Ch. 1023) by Stats. 2006, Ch. 259, Sec. 5. ) ## ARTICLE 4. Midwifery Workforce Training Act [128295 - 128300] ( Article 4 added by Stats. 2021, Ch. 449, Sec. 5. ) ## 128299. This article shall become operative on January 1, 2022. (Added by Stats. 2021, Ch. 449, Sec. 5. (SB 65) Effective January 1, 2022.)
  153. 1283.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    A health facility may not hand over custody of a minor under 16 unless the surrender is authorized in writing by an authorized parent, custodian, or qualifying caregiver, and it must report certain custody surrenders to the State Department of Health Services within 48 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. ) ## 1283. (a) No health facility shall surrender the physical custody of a minor under 16 years of age to any person unless such surrender is authorized in writing by the child’s parent, the person having legal custody of the child, or the caregiver of the child who is a relative of the child and who may authorize medical care and dental care under Section 6550 of the Family Code. (b) A health facility shall report to the State Department of Health Services, on forms supplied by the department, the name and address of any person and, in the case of a person acting as an agent for an organization, the name and address of the organization, into whose physical custody a minor under the age of 16 is surrendered, other than a parent, relative by blood or marriage, or person having legal custody. This report shall be transmitted to the department within 48 hours of the surrendering of custody. No report to the department is required if a minor under the age of 16 is transferred to another health facility for further care or if this minor comes within Section 300, 601, or 602 of the Welfare and Institutions Code and is released to an agent of a public welfare, probation, or law enforcement agency. (Amended by Stats. 1996, Ch. 563, Sec. 4. Effective January 1, 1997.)
  154. 128300.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 4. Health Care Workforce Training Programs [128200 - 128300] ( Heading of Chapter 4 amended (as added by Stats. 1996, Ch. 1023) by Stats. 2006, Ch. 259, Sec. 5. ) ## ARTICLE 4. Midwifery Workforce Training Act [128295 - 128300] ( Article 4 added by Stats. 2021, Ch. 449, Sec. 5. )

    Verify source ↗

    If funds are appropriated, the Department of Health Care Access and Information must fund a statewide study on midwifery education, have it done by an outside consultant, and later report, post, and notify as required.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 4. Health Care Workforce Training Programs [128200 - 128300] ( Heading of Chapter 4 amended (as added by Stats. 1996, Ch. 1023) by Stats. 2006, Ch. 259, Sec. 5. ) ## ARTICLE 4. Midwifery Workforce Training Act [128295 - 128300] ( Article 4 added by Stats. 2021, Ch. 449, Sec. 5. ) ## 128300. (a) Upon appropriation from the Legislature, the Department of Health Care Access and Information shall administer funding for a statewide study on midwifery education. The study shall be conducted by an outside consultant familiar with the health care and midwifery landscapes and workforce in California. (b) This study shall include, but is not limited to, all of the following: (1) An evaluation of status and trends in midwifery education in California and the United States. (2) Financial sustainability plan, including long-term education program financing, cost of educating midwives in California, and the options for financial stability of midwifery education. (3) Assess available state and federal funding resources to cover student tuition and fees, and report on average student debt per program upon program completion. (4) Identify and propose pathways to diversify the midwifery student pipeline. (5) Assess the opportunities, challenges, and support needs of prospective students, current students, and preceptors. (6) Identify institutions and programs of study that are equipped to house midwifery education programs, including those outside of schools of nursing. (7) Identify viable education programs that can serve both rural and urban geographic areas. (8) Consider education consortium models that pool resources to support student didactic education and allow them to stay in their communities while completing their education. (9) Identify and propose solutions to address the shortage of clinical preceptors and precepting sites. (10) Identify sites for interprofessional education between resident obstetricians and midwives. (11) Consider innovations in education and training that allow nurse-midwives and licensed midwives to train together, with separate exit requirements specific to their path. (12) Ensure that proposed solutions for midwifery education meet the needs of California birthing families and future midwives. (13) Current and projected needs for midwifery and reproductive health care professionals. (14) Assessment of jobs available for new graduates and projected growth. (c) (1) The department shall submit a report from the study’s findings to the Legislature. (2) The report shall be submitted in compliance with Section 9795 of the Government Code. (d) The department shall post the report on the department’s internet website, and shall notify all persons in the department’s reproductive health and maternity care electronic mailing list no later than 36 months after the actual appropriation of funds to the department. (e) For purposes of this section, “reproductive health care professionals” means medical doctors, licensed midwives, certified nurse-midwives, nurse practitioners, registered nurses, physician’s assistants, doulas, licensed vocational nurses, and perinatal community health workers. (Added by Stats. 2025, Ch. 597, Sec. 2. (AB 836) Effective January 1, 2026.)
  155. 128330.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 1. Health Professions Education Programs [128330 - 128371] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 160. )

    Verify source ↗

    This section defines several terms for the article and lets the department add an economically disadvantaged group to the assistance categories if needed for medically underserved areas.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 1. Health Professions Education Programs [128330 - 128371] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 160. ) ## 128330. As used in this article: (a) “Board” means the Board of Trustees of the Health Professions Education Foundation. (b) “Council” means the California Health Workforce Education and Training Council. (c) “Director” means the Director of the Department of Health Care Access and Information. (d) “Foundation” means the Health Professions Education Foundation. (e) “Health professions” or “health professionals” means physicians and surgeons licensed pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code or pursuant to the Osteopathic Act, dentists, registered nurses, and other health professionals determined by the department to be needed in medically underserved areas. (f) “Department” means the Department of Health Care Access and Information. (g) “Underrepresented groups” means populations that are underrepresented in medicine, dentistry, nursing, or other health professions as determined by the department. The department, upon a finding that the action is necessary to meet the health care needs of medically underserved areas, may add a group comprising the economically disadvantaged to those groups authorized to receive assistance under this article. The department shall recognize that it is especially important that medical and dental care be provided in a way that is sensitive to the sociocultural variables that affect a person’s health. (Amended by Stats. 2021, Ch. 143, Sec. 161. (AB 133) Effective July 27, 2021.)
  156. 128337.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 1. Health Professions Education Programs [128330 - 128371] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 160. )

    Verify source ↗

    The Health Professions Education Foundation must be dissolved by October 1, 2021, and its assets, records, and liabilities must be transferred to the department.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 1. Health Professions Education Programs [128330 - 128371] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 160. ) ## 128337. Notwithstanding any other law, on or before October 1, 2021, the nonprofit public benefit corporation known as the Health Professions Education Foundation shall be dissolved. All assets, including records, and any liabilities shall be transferred to the department. (Added by Stats. 2021, Ch. 143, Sec. 163. (AB 133) Effective July 27, 2021.)
  157. 128338.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 1. Health Professions Education Programs [128330 - 128371] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 160. )

    Verify source ↗

    If the Health Professions Education Foundation has been dissolved, references to it in this chapter are treated as references to the department.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 1. Health Professions Education Programs [128330 - 128371] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 160. ) ## 128338. Effective with the dissolution of the Health Professions Education Foundation, any reference to the Health Professions Education Foundation, or the Foundation, in this chapter shall be deemed a reference to the department. (Added by Stats. 2021, Ch. 143, Sec. 164. (AB 133) Effective July 27, 2021.)
  158. 128345.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 1. Health Professions Education Programs [128330 - 128371] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 160. )

    Verify source ↗

    The department may raise and distribute funds, encourage private institutions, and run specified loan repayment and volunteer physician programs.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 1. Health Professions Education Programs [128330 - 128371] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 160. ) ## 128345. The department may do any of the following: (a) Solicit and receive funds from business, industry, foundations, and other private or public sources for the purpose of providing financial assistance in the form of scholarships or loans to students from underrepresented groups. These funds shall be expended by the department after transfer to the Health Professions Education Fund, created pursuant to Section 128355. (b) Disburse private sector moneys deposited in the Health Professions Education Fund to students from underrepresented groups enrolled in or graduated from schools of medicine, dentistry, nursing, or other health professions in the form of loans or scholarships. (c) Encourage private sector institutions, including hospitals, community clinics, and other health agencies to identify and provide educational experiences to students from underrepresented groups who are potential applicants to schools of medicine, dentistry, nursing, or other health professions. (d) Implement the Steven M. Thompson Physician Corps Loan Repayment Program and the Volunteer Physician Program, as provided under Article 5 (commencing with Section 128550). (Amended by Stats. 2021, Ch. 143, Sec. 166. (AB 133) Effective July 27, 2021.)
  159. 128350.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 1. Health Professions Education Programs [128330 - 128371] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 160. )

    Verify source ↗

    The department must carry out a set of health professions education program tasks, including support, fund management, contracting, information sharing, monitoring, and fund recovery. The director may seek council recommendations on which programs best meet the objective.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 1. Health Professions Education Programs [128330 - 128371] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 160. ) ## 128350. The department shall do all of the following: (a) Provide technical and staff support to the programs in meeting all of its responsibilities. (b) Provide financial management for the Health Professions Education Fund. (c) Enter into contractual agreements with students from underrepresented groups for the disbursement of scholarships or loans in return for the commitment of these students to practice their profession in an area in California designated as deficient in primary care services. (d) Disseminate information regarding the areas in the state that are deficient in primary care services to potential applicants for the scholarships or loans. (e) Monitor the practice locations of the recipients of the scholarships or loans. (f) Recover funds, in accordance with the terms of the contractual agreements, from recipients of scholarships or loans who fail to begin or complete their obligated service. Funds so recovered shall be redeposited in the Health Professions Education Fund. (g) Contract with the institutions that train family practice residents, in order to increase the participation of students from underrepresented groups in entering the specialty of family practice. The director may seek the recommendations of the council as to what programs best demonstrate the ability to meet this objective. (h) Contract with training institutions that are involved in osteopathic postgraduate training in general or family practice medicine, in order to increase the participation of students from underrepresented groups participating in the practice of osteopathic medicine. The director may seek the recommendations of the council as to what programs have demonstrated the ability to meet this objective. (i) Enter into contractual agreements with graduated health professionals to repay some or all of the debts they incurred in health professional schools in return for practicing their professions in an area in California designated as deficient in primary care services. (j) Contract with institutions that award baccalaureate of science degrees in nursing in order to increase the participation of students from underrepresented groups in the nursing profession. The director may seek the recommendations of the council as to what programs have demonstrated the ability to meet this objective. (Amended by Stats. 2021, Ch. 143, Sec. 167. (AB 133) Effective July 27, 2021.)
  160. 128355.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 1. Health Professions Education Programs [128330 - 128371] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 160. )

    Verify source ↗

    The department creates and manages a Health Professions Education Fund to pay scholarships, loans, and program costs, and it may accept private donations.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 1. Health Professions Education Programs [128330 - 128371] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 160. ) ## 128355. There is hereby created within the department a Health Professions Education Fund. The primary purpose of this fund is to provide scholarships and loans to students from underrepresented groups who are accepted to or enrolled in schools of medicine, dentistry, nursing, or other health professions. The fund shall also be used to pay for the cost of administering the program and for any other purpose authorized by this article. The level of expenditure by the department for the administrative support of the program created pursuant to this article shall be subject to review and approval annually through the State Budget process. The department may receive private donations to be deposited into this fund. All money in the fund is continuously appropriated to the department for the purposes of this article. The department shall manage this fund prudently in accordance with other provisions of law. (Amended by Stats. 2021, Ch. 143, Sec. 168. (AB 133) Effective July 27, 2021.)
  161. 128360.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 1. Health Professions Education Programs [128330 - 128371] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 160. )

    Verify source ↗

    The department must provide public participation opportunities and publish scholarship or loan repayment information on its website at least 60 days before application deadlines, keeping it available throughout the application period.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 1. Health Professions Education Programs [128330 - 128371] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 160. ) ## 128360. (a) In administering this chapter, the department shall be exempt from the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The department shall provide opportunities for public participation as it administers the Health Professions Education Programs. Information about each type of scholarship or loan repayment opportunity shall be publicly available at least 60 days prior to any application deadline. This information shall include eligibility criteria and the application process, materials, and deadlines, and shall be posted on the department’s internet website and be available directly from the department. All the information shall remain posted and available during the entire application period for a funding cycle. (b) Regulations that have been adopted to administer this chapter prior to the effective date of this section are repealed as of the effective date of this section. (Repealed and added by Stats. 2021, Ch. 143, Sec. 170. (AB 133) Effective July 27, 2021.)
  162. 128365.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 1. Health Professions Education Programs [128330 - 128371] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 160. )

    Verify source ↗

    Certain financial assistance applications and related documents may be kept out of public disclosure under the Public Records Act when the department reasonably decides privacy concerns apply.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 1. Health Professions Education Programs [128330 - 128371] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 160. ) ## 128365. Notwithstanding any other provision, applications for financial assistance under this article, or other documents that the department reasonably determines should not be discussed in public due to privacy considerations shall be exempt from the disclosure provisions of the Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (Amended by Stats. 2022, Ch. 28, Sec. 107. (SB 1380) Effective January 1, 2023.)
  163. 128370.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 1. Health Professions Education Programs [128330 - 128371] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 160. )

    Verify source ↗

    The department may withhold from public disclosure documents it has that relate to donations under this article if the donor asked to remain anonymous.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 1. Health Professions Education Programs [128330 - 128371] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 160. ) ## 128370. Notwithstanding any other law, the department may exempt from public disclosure any document in the possession of the department that pertains to a donation made pursuant to this article if the donor has requested anonymity. (Amended by Stats. 2021, Ch. 143, Sec. 172. (AB 133) Effective July 27, 2021.)
  164. 128371.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 1. Health Professions Education Programs [128330 - 128371] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 160. )

    Verify source ↗

    Programs listed here cannot reject applications based on citizenship or immigration status, and applicants must provide a Social Security number or tax ID when SSN disclosure is required.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 1. Health Professions Education Programs [128330 - 128371] ( Heading of Article 1 amended by Stats. 2021, Ch. 143, Sec. 160. ) ## 128371. (a) The Legislature finds and declares that it is in the best interest of the State of California to provide persons who are not lawfully present in the United States with the state benefits provided by those programs listed in subdivision (d), and therefore, enacts this section pursuant to Section 1621(d) of Title 8 of the United States Code. (b) A program listed in subdivision (d) shall not deny an application based on the citizenship status or immigration status of the applicant. (c) For any program listed in subdivision (d), when mandatory disclosure of a social security number is required, an applicant shall provide their social security number, if one has been issued, or an individual tax identification number that has been or will be submitted. (d) This section applies to all of the following: (1) Programs supported through the Health Professions Education Fund pursuant to Section 128355. (2) The Registered Nurse Education Fund created pursuant to Section 128400. (3) The Mental Health Practitioner Education Fund created pursuant to Section 128458. (4) The Vocational Nurse Education Fund created pursuant to Section 128500. (5) The Medically Underserved Account for Physicians created pursuant to Section 128555. (6) Loan forgiveness and scholarship programs created pursuant to Part 3.1 (commencing with Section 5820) of Division 5 of the Welfare and Institutions Code. (7) The Song-Brown Health Care Workforce Training Act created pursuant to Article 1 (commencing with Section 128200) of Chapter 4. (8) To the extent permitted under federal law, the program administered by the department pursuant to the federal National Health Service Corps State Loan Repayment Program (42 U.S.C. Sec. 254q-1), commonly known as the California State Loan Repayment Program. (9) The programs administered by the department pursuant to the Health Professions Career Opportunity Program (Section 127885), commonly known as the Mini Grants Program, and California’s Student/Resident Experiences and Rotations in Community Health, commonly known as the CalSEARCH program. (Amended by Stats. 2021, Ch. 143, Sec. 173. (AB 133) Effective July 27, 2021.)
  165. 128375.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 2. California Registered Nurse Education Program [128375 - 128401] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The Legislature states that California needs enough well-educated nurses, especially for medically underserved areas, and that some students may need financial help to complete a baccalaureate degree.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 2. California Registered Nurse Education Program [128375 - 128401] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 128375. (a) The Legislature hereby finds and declares that an adequate supply of professional nurses is critical to assuring the health and well-being of the citizens of California, particularly those who live in medically underserved areas. (b) The Legislature further finds that changes in the health care system of this state have increased the need for more highly skilled nurses. These changes include advances in medical technology and pharmacology, that necessitate the use of more highly skilled nurses in acute care facilities. Further, the containment of health care costs has led to increased reliance on home health care and outpatient services and to a higher proportion of more acutely ill patients in acute care facilities. Long-term care facilities also need more highly educated nursing personnel. Both shifts require a larger number of skilled nursing personnel. (c) The Legislature further finds and declares that in nursing, as in other professions, certain populations are underrepresented. The Legislature also finds and declares that it is especially important that nursing care be provided in a way that is sensitive to the sociocultural variables that affect a person’s health. The Legislature recognizes that the financial burden of obtaining a baccalaureate degree is considerable and that persons from families lacking adequate financial resources may need financial assistance to complete a baccalaureate degree. (Amended by Stats. 2021, Ch. 143, Sec. 174. (AB 133) Effective July 27, 2021.)
  166. 128380.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 2. California Registered Nurse Education Program [128375 - 128401] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The Legislature states its intent to increase the supply of trained nurses, encourage underrepresented populations to enter nursing, and encourage nurses to work in medically underserved areas.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 2. California Registered Nurse Education Program [128375 - 128401] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 128380. It is the intent of the Legislature to accomplish the following: (a) Assure an adequate supply of appropriately trained professional nurses. (b) Encourage persons from populations that are currently underrepresented in the nursing profession to enter that profession. (c) Encourage professional nurses to work in medically underserved areas. (Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
  167. 128385.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 2. California Registered Nurse Education Program [128375 - 128401] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    This section creates the Registered Nurse Education Program, lets qualifying participants apply for scholarship or loan repayment, and requires certain award recipients to sign a service agreement.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 2. California Registered Nurse Education Program [128375 - 128401] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 128385. (a) There is hereby created the Registered Nurse Education Program within the department. Persons participating in this program shall be persons who agree in writing prior to graduation to serve in an eligible county health facility, an eligible state-operated health facility, a health workforce shortage area, or a California nursing school, as designated by the director of the department. Persons agreeing to serve in eligible county health facilities, eligible state-operated health facilities, or health workforce shortage areas, and master’s or doctoral students agreeing to serve in a California nursing school may apply for scholarship or loan repayment. The Registered Nurse Education Program shall be administered in accordance with Article 1 (commencing with Section 128330), except that all funds in the Registered Nurse Education Fund shall be used only for the purpose of promoting the education of registered nurses and related administrative costs. The department shall adopt both of the following: (1) A standard contractual agreement to be signed by the director and any student who has received an award to work in an eligible county health facility, an eligible state-operated health facility, or in a health workforce shortage area that would require a period of obligated professional service in the areas of California designated by the department as deficient in primary care services. The obligated professional service shall be in direct patient care. The agreement shall include a clause entitling the state to recover the funds awarded plus the maximum allowable interest for failure to begin or complete the service obligation. (2) Maximum allowable amounts for scholarships, educational loans, and loan repayment programs in order to assure the most effective use of these funds. (b) Applicants may be persons licensed as registered nurses, graduates of associate degree nursing programs prior to entering a program granting a baccalaureate of science degree in nursing, or students entering an entry-level master’s degree program in registered nursing or other registered nurse master’s or doctoral degree program approved by the Board of Registered Nursing. Priority shall be given to applicants who hold associate degrees in nursing. (c) Registered nurses and students shall commit to teaching nursing in a California nursing school for five years in order to receive a scholarship or loan repayment for a doctoral degree program. (d) As used in this section, “eligible county health facility” means a county health facility that has been determined by the department to have a nursing vacancy rate greater than noncounty health facilities located in the same health facility planning area. (e) As used in this section, “eligible state-operated health facility” means a state-operated health facility that has been determined by the department to have a nursing vacancy rate greater than noncounty health facilities located in the same health facility planning area. (Amended by Stats. 2021, Ch. 143, Sec. 175. (AB 133) Effective July 27, 2021.)
  168. 128390.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 2. California Registered Nurse Education Program [128375 - 128401] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Funds made available under this article must be used under Article 14 of the Education Code, and only to help students complete nursing programs that meet the specified standards.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 2. California Registered Nurse Education Program [128375 - 128401] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 128390. The funds made available pursuant to this article shall be used as specified in Article 14 (commencing with Section 69795) of Chapter 2 of Part 42 of the Education Code, except that the funds shall be used only for the purpose of assisting students in completing nursing programs meeting the standards specified in subdivision (j) of Section 69799 of the Education Code. (Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
  169. 1284.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    A licensed inpatient mental health facility must follow Section 5622 of the Welfare and Institutions Code.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. ) ## 1284. A licensed inpatient mental health facility shall be subject to the provisions of Section 5622 of the Welfare and Institutions Code. (Amended by Stats. 1987, Ch. 835, Sec. 1.)
  170. 128400.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 2. California Registered Nurse Education Program [128375 - 128401] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The Registered Nurse Education Fund is established in the State Treasury, and its money must be used only for the purposes of the California Registered Nurse Education Program.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 2. California Registered Nurse Education Program [128375 - 128401] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 128400. There is hereby established in the State Treasury the Registered Nurse Education Fund. All money in the fund shall be used for the purposes specified in the California Registered Nurse Education Program established pursuant to this article. This fund shall receive money collected pursuant to subdivision (d) of Section 2815 and Section 2815.1 of the Business and Professions Code. (Amended by Stats. 2013, Ch. 384, Sec. 1. (SB 271) Effective January 1, 2014.)
  171. 128401.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 2. California Registered Nurse Education Program [128375 - 128401] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department must create the statewide A.D.N. Scholarship Program and post program updates. Scholarships are limited to students in counties with the most significant need, and recipients must complete an associate degree in nursing and work in a medically underserved area in California after licensure.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 2. California Registered Nurse Education Program [128375 - 128401] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 128401. (a) The Department of Health Care Access and Information shall establish the statewide Associate Degree Nursing (A.D.N.) Scholarship Program. (b) Scholarships under the program shall be available only to students in counties determined to have the most significant need. Need in a county shall be established based on consideration of all the following factors: (1) Counties with a registered nurse-to-population ratio equal to or less than 500 registered nurses per 100,000 individuals. (2) County unemployment rate. (3) County level of poverty. (c) A scholarship recipient shall be required to complete, at a minimum, an associate degree in nursing and work in a medically underserved area in California upon obtaining their license from the Board of Registered Nursing. (d) The department shall consider the following factors when selecting recipients for the A.D.N. Scholarship Program: (1) An applicant’s economic need, as established by the federal poverty index. (2) Applicants who demonstrate cultural and linguistic skills and abilities. (e) The program shall be funded from the Registered Nurse Education Fund established pursuant to Section 128400 and administered by the department within the office. The department shall allocate a portion of the moneys in the fund for the program established pursuant to this section, in addition to moneys otherwise allocated pursuant to this article for scholarships and loans for associate degree nursing students. (f) No additional staff or General Fund operating costs shall be expended for the program. (g) The department may accept private or federal funds for purposes of the A.D.N. Scholarship Program. (h) The department shall post A.D.N. Scholarship Program statistics and updates on its internet website. (Amended by Stats. 2021, Ch. 143, Sec. 177. (AB 133) Effective July 27, 2021.)
  172. 128454.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 3.5. Licensed Mental Health Service Provider Education Program [128454 - 128458] ( Heading of Article 3.5 renumbered from Article 4 (as added by Stats. 2003, Ch. 437, Sec. 5) by Stats. 2015, Ch. 303, Sec. 361. )

    Verify source ↗

    This section creates a grant program for licensed mental health service providers and gives the department authority to set grant terms and amounts.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 3.5. Licensed Mental Health Service Provider Education Program [128454 - 128458] ( Heading of Article 3.5 renumbered from Article 4 (as added by Stats. 2003, Ch. 437, Sec. 5) by Stats. 2015, Ch. 303, Sec. 361. ) ## 128454. (a) There is hereby created the Licensed Mental Health Service Provider Education Program within the Department of Health Care Access and Information. (b) For purposes of this article, the following definitions shall apply: (1) “Licensed mental health service provider” means a psychologist licensed by the Board of Psychology, registered psychological associate, postdoctoral psychology trainee employed in an exempt setting pursuant to Section 2910 of the Business and Professions Code or employed pursuant to a State Department of Health Care Services waiver pursuant to Section 5751.2 of the Welfare and Institutions Code, marriage and family therapist, associate marriage and family therapist, licensed clinical social worker, associate clinical social worker, licensed professional clinical counselor, and associate professional clinical counselor. (2) “Mental health professional shortage area” means an area designated as such by the Health Resources and Services Administration (HRSA) of the United States Department of Health and Human Services. (c) Commencing January 1, 2005, any licensed mental health service provider, including a mental health service provider who is employed at a publicly funded mental health facility or a public or nonprofit private mental health facility that contracts with a county mental health entity or facility to provide mental health services, who provides direct patient care in a publicly funded facility or a mental health professional shortage area may apply for grants under the program to reimburse their educational loans related to a career as a licensed mental health service provider. (d) The department shall adopt all of the following: (1) A standard contractual agreement to be signed by the director and any licensed mental health service provider who is serving in a publicly funded facility or a mental health professional shortage area that would require the licensed mental health service provider who receives a grant under the program to work in the publicly funded facility or a mental health professional shortage area for at least one year. (2) The maximum allowable total grant amount per individual licensed mental health service provider. (3) The maximum allowable annual grant amount per individual licensed mental health service provider. (e) The department shall develop the program, which shall comply with all of the following requirements: (1) The total amount of grants under the program per individual licensed mental health service provider shall not exceed the amount of educational loans related to a career as a licensed mental health service provider incurred by that provider. (2) The program shall keep the fees from the different licensed providers separate to ensure that all grants are funded by those fees collected from the corresponding licensed provider groups. (3) A loan forgiveness grant may be provided in installments proportionate to the amount of the service obligation that has been completed. (4) The number of persons who may be considered for the program shall be limited by the funds made available pursuant to Section 128458. (f) This section shall become operative on July 1, 2018. (Amended by Stats. 2025, Ch. 67, Sec. 130. (AB 1170) Effective January 1, 2026.)
  173. 128455.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 3.5. Licensed Mental Health Service Provider Education Program [128454 - 128458] ( Heading of Article 3.5 renumbered from Article 4 (as added by Stats. 2003, Ch. 437, Sec. 5) by Stats. 2015, Ch. 303, Sec. 361. )

    Verify source ↗

    An account must be created in the Mental Health Practitioner Education Fund, and money in it may be used only for grants to repay educational loans for qualifying applicants, if the Legislature appropriates funds.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 3.5. Licensed Mental Health Service Provider Education Program [128454 - 128458] ( Heading of Article 3.5 renumbered from Article 4 (as added by Stats. 2003, Ch. 437, Sec. 5) by Stats. 2015, Ch. 303, Sec. 361. ) ## 128455. An account shall be created within the Mental Health Practitioner Education Fund and, upon appropriation by the Legislature, moneys in that account shall be used solely to fund grants, consistent with this article, to repay educational loans for applicants who meet all of the following requirements: (a) Commit to provide direct patient care in a publicly funded facility or a mental health professional shortage area for at least 24 months. (b) Are marriage and family therapists, associate marriage and family therapists, licensed clinical social workers, associate clinical social workers, licensed professional clinical counselors, or associate professional clinical counselors. (c) Were formerly in California’s foster youth care system. (Added by Stats. 2018, Ch. 585, Sec. 1. (AB 2608) Effective January 1, 2019.)
  174. 128458.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 3.5. Licensed Mental Health Service Provider Education Program [128454 - 128458] ( Heading of Article 3.5 renumbered from Article 4 (as added by Stats. 2003, Ch. 437, Sec. 5) by Stats. 2015, Ch. 303, Sec. 361. )

    Verify source ↗

    This section creates the Mental Health Practitioner Education Fund in the State Treasury and says its money may be spent by the Department of Health Care Access and Information after legislative appropriation.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 3.5. Licensed Mental Health Service Provider Education Program [128454 - 128458] ( Heading of Article 3.5 renumbered from Article 4 (as added by Stats. 2003, Ch. 437, Sec. 5) by Stats. 2015, Ch. 303, Sec. 361. ) ## 128458. There is hereby established in the State Treasury the Mental Health Practitioner Education Fund. The moneys in the fund, upon appropriation by the Legislature, shall be available for expenditure by the Department of Health Care Access and Information for purposes of this article. (Amended by Stats. 2021, Ch. 143, Sec. 181. (AB 133) Effective July 27, 2021.)
  175. 128475.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 4. Vocational Nurse Education Program [128475 - 128501] ( Article 4 added by Stats. 2003, Ch. 640, Sec. 20. )

    Verify source ↗

    The Legislature states that California needs more vocational nurses, especially in underserved areas, and notes that the cost of nursing school can be a financial burden for some students.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 4. Vocational Nurse Education Program [128475 - 128501] ( Article 4 added by Stats. 2003, Ch. 640, Sec. 20. ) ## 128475. (a) The Legislature hereby finds and declares that an adequate supply of professional vocational nurses is critical to assuring the health and well-being of the citizens of California, particularly those who live in medically underserved areas, and that changes in the health care system of this state have increased the need for more highly skilled vocational nurses. (b) The Legislature further finds and declares that in March 2002, the California Association of Health Facilities indicated that there is a shortage of 3,500 vocational nurses in long-term care facilities and estimates that 28,000 additional vocational nurses will be needed in long-term care over the next 10 years, that recently published reports indicate that vocational nurses now comprise almost 30 percent of the nation’s total number of nurses and that the national vacancy rate in hospitals was about 13 percent, and that according to the California Association of Psychiatric Technicians, an additional 800 psychiatric technicians are needed due to expanding health facilities. (c) The Legislature further finds and declares that in vocational nursing, as in other professions, certain populations are underrepresented. The Legislature also finds and declares that it is especially important that vocational nursing care be provided in a way that is sensitive to the sociocultural variables that affect a person’s health. The Legislature recognizes that the financial burden of attending a school of vocational nursing is considerable and that persons from families lacking adequate financial resources may need financial assistance to complete their studies. (d) The Legislature further finds and declares that approximately 54.1 percent of all Californians live in rural and urban areas that have been designated underserved. The shortage of vocational nurses in these areas makes it more difficult for those citizens to obtain health care and more difficult to attract and retain other health care professionals to those areas. (Added by Stats. 2003, Ch. 640, Sec. 20. Effective January 1, 2004. Section operative July 1, 2004, pursuant to Section 128501.)
  176. 128480.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 4. Vocational Nurse Education Program [128475 - 128501] ( Article 4 added by Stats. 2003, Ch. 640, Sec. 20. )

    Verify source ↗

    The Legislature states its intent to support vocational nurse training, increase representation in the profession, and encourage work in medically underserved areas.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 4. Vocational Nurse Education Program [128475 - 128501] ( Article 4 added by Stats. 2003, Ch. 640, Sec. 20. ) ## 128480. It is the intent of the Legislature to accomplish the following: (a) Assure an adequate supply of appropriately trained vocational nurses. (b) Encourage persons from populations that are currently underrepresented in the profession of vocational nursing to enter that profession. (c) Encourage vocational nurses to work in medically underserved areas. (Added by Stats. 2003, Ch. 640, Sec. 20. Effective January 1, 2004. Section operative July 1, 2004, pursuant to Section 128501.)
  177. 128485.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 4. Vocational Nurse Education Program [128475 - 128501] ( Article 4 added by Stats. 2003, Ch. 640, Sec. 20. )

    Verify source ↗

    The program is created, the department must administer it, eligible students may apply for funding, and participants must sign up in writing to provide obligated service in designated areas or facilities.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 4. Vocational Nurse Education Program [128475 - 128501] ( Article 4 added by Stats. 2003, Ch. 640, Sec. 20. ) ## 128485. There is hereby created the Vocational Nurse Education Program within the Department of Health Care Access and Information. Persons participating in this program shall be persons who agree in writing prior to completion of vocational nursing school to serve in an eligible county health facility, an eligible state-operated health facility, or a health workforce shortage area, as designated by the director of the department. Persons agreeing to serve in eligible county health facilities, eligible state-operated health facilities, or health workforce shortage areas may apply for scholarship or loan repayment. The Vocational Nurse Education Program shall be administered in accordance with Article 1 (commencing with Section 128330), except that all funds in the Vocational Nurse Education Fund shall be used only for the purpose of promoting the education of vocational nurses and related administrative costs. The department shall adopt both of the following: (a) A standard contractual agreement to be signed by the director and any student who has received an award to work in an eligible county health facility, an eligible state-operated health facility, or in a health workforce shortage area that would require a period of obligated professional service in the areas of California designated by the department as deficient in primary care services. The obligated professional service shall be in direct patient care. The agreement shall include a clause entitling the state to recover the funds awarded plus the maximum allowable interest for failure to begin or complete the service obligation. (b) Maximum allowable amounts for scholarships, educational loans, and loan repayment programs in order to assure the most effective use of these funds. (c) A person who qualifies for admission to a vocational nursing program that is accredited by the board of Vocational Nursing and Psychiatric Technicians may apply for funding under the Vocational Nurse Education Program by establishing a contractual agreement in accordance with subdivision (a). (d) A person who holds a current valid license as a vocational nurse who wishes to seek an associate of science degree in nursing from an accredited college may apply for funding under the Vocational Nurse Education Program by establishing a contractual agreement in accordance with subdivision (a) unless the person is able to qualify under subdivision (a) of Section 128385 under the Registered Nurse Education Program. (Amended by Stats. 2021, Ch. 143, Sec. 182. (AB 133) Effective July 27, 2021.)
  178. 1285.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    A health facility may not detain a patient solely because a bill has not been paid.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. ) ## 1285. (a) No patient shall be detained in a health facility solely for the nonpayment of a bill. (b) For the purposes of this section, “detained” means the intentional confinement of a patient in a health facility without authorization of the patient or any other person who may be authorized to provide consent to care on behalf of the patient. (c) Any person who is detained in a health facility solely for the nonpayment of a bill has a cause of action against the health facility for the detention, which may be brought by that person or that person’s parent, guardian, conservator, or other legal representative. The cause of action may be brought against the health facility, proprietor, lessee or their agents, or against any person, corporation, association, or directors thereof. Any person who has been detained in a health facility, solely for the nonpayment of a bill, who has brought an action for the detention, may recover general and punitive damages, court costs, and reasonable attorney’s fees actually incurred and any other relief which the court in its discretion may allow. (d) Violation of subdivision (a) is a misdemeanor punishable as prescribed in Section 1290. (Amended by Stats. 1981, Ch. 714.)
  179. 128500.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 4. Vocational Nurse Education Program [128475 - 128501] ( Article 4 added by Stats. 2003, Ch. 640, Sec. 20. )

    Verify source ↗

    The Vocational Nurse Education Fund is established, and its money must be used only for the purposes of the California Vocational Nurse Education Program. The fund must also receive money collected under a specified Business and Professions Code provision.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 4. Vocational Nurse Education Program [128475 - 128501] ( Article 4 added by Stats. 2003, Ch. 640, Sec. 20. ) ## 128500. There is hereby established in the State Treasury the Vocational Nurse Education Fund. All money in the fund shall be used for the purposes specified in the California Vocational Nurse Education Program established pursuant to this article. This fund shall receive money collected pursuant to subdivision (d) of Section 2895 of the Business and Professions Code. (Added by Stats. 2003, Ch. 640, Sec. 20. Effective January 1, 2004. Section operative July 1, 2004, pursuant to Section 128501.)
  180. 128501.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 4. Vocational Nurse Education Program [128475 - 128501] ( Article 4 added by Stats. 2003, Ch. 640, Sec. 20. )

    Verify source ↗

    Article 4 becomes operative on July 1, 2004.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 4. Vocational Nurse Education Program [128475 - 128501] ( Article 4 added by Stats. 2003, Ch. 640, Sec. 20. ) ## 128501. This article shall become operative on July 1, 2004. (Added by Stats. 2003, Ch. 640, Sec. 20. Effective January 1, 2004. Note: This section prescribes a delayed operative date (July 1, 2004) for Article 4, commencing with Section 128475.)
  181. 128550.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 5. California Physician Corps Program [128550 - 128558] ( Article 5 added by Stats. 2005, Ch. 317, Sec. 5. )

    Verify source ↗

    This section establishes the California Physician Corps Program in the Department of Health Care Access and Information, transfers two programs from the Medical Board of California starting July 1, 2006, and lets the department make an interagency agreement to carry out the transfer.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 5. California Physician Corps Program [128550 - 128558] ( Article 5 added by Stats. 2005, Ch. 317, Sec. 5. ) ## 128550. (a) There is hereby established within the Department of Health Care Access and Information the California Physician Corps Program. (b) Commencing July 1, 2006, both of the following programs shall be transferred from the Medical Board of California to the California Physician Corps Program within the department and operated pursuant to this article: (1) The Steven M. Thompson Physician Corps Loan Repayment Program. (2) The Physician Volunteer Program developed by the Medical Board of California. (c) The department may enter into an interagency agreement with the Medical Board of California to implement the transfer of programs as provided under subdivision (b). (Amended by Stats. 2021, Ch. 143, Sec. 184. (AB 133) Effective July 27, 2021.)
  182. 128551.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 5. California Physician Corps Program [128550 - 128558] ( Article 5 added by Stats. 2005, Ch. 317, Sec. 5. )

    Verify source ↗

    The article says the department is intended to provide ongoing program management for two programs within the California Physician Corps Program.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 5. California Physician Corps Program [128550 - 128558] ( Article 5 added by Stats. 2005, Ch. 317, Sec. 5. ) ## 128551. It is the intent of this article that the department provide the ongoing program management of the two programs identified in subdivision (b) of Section 128550 as a part of the California Physician Corps Program. (Amended by Stats. 2024, Ch. 594, Sec. 1. (SB 909) Effective January 1, 2025.)
  183. 128552.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 5. California Physician Corps Program [128550 - 128558] ( Article 5 added by Stats. 2005, Ch. 317, Sec. 5. )

    Verify source ↗

    This section defines key terms used in the California Physician Corps Program.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 5. California Physician Corps Program [128550 - 128558] ( Article 5 added by Stats. 2005, Ch. 317, Sec. 5. ) ## 128552. For purposes of this article, the following definitions shall apply: (a) “Account” means the Medically Underserved Account for Physicians established within the Health Professions Education Fund pursuant to this article. (b) “Fund” means the Health Professions Education Fund. (c) “Medi-Cal threshold languages” means primary languages spoken by limited-English-proficient (LEP) population groups meeting a numeric threshold of 3,000, eligible LEP Medi-Cal beneficiaries residing in a county, 1,000 Medi-Cal eligible LEP beneficiaries residing in a single ZIP Code, or 1,500 LEP Medi-Cal beneficiaries residing in two contiguous ZIP Codes. (d) “Medically underserved area” means an area defined as a health professional shortage area in Part 5 of Subchapter A of Chapter 1 of Title 42 of the Code of Federal Regulations or an area of the state where unmet priority needs for physicians exist as determined by the department. (e) “Medically underserved population” means the Medi-Cal program and uninsured populations. (f) “Department” means the Department of Health Care Access and Information. (g) “Physician Volunteer Program” means the Physician Volunteer Registry Program established by the Medical Board of California. (h) “Practice setting,” for the purposes of this article only, means a facility or setting delivering direct patient care, as defined by the department. (i) “Primary specialty” means family practice, internal medicine, pediatrics, psychiatry, or obstetrics/gynecology. (j) “Program” means the Steven M. Thompson Physician Corps Loan Repayment Program. (Amended by Stats. 2024, Ch. 594, Sec. 2. (SB 909) Effective January 1, 2025.)
  184. 128553.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 5. California Physician Corps Program [128550 - 128558] ( Article 5 added by Stats. 2005, Ch. 317, Sec. 5. )

    Verify source ↗

    This section sets eligibility rules for program applicants and participants, and gives the department authority to create and manage selection, placement, outreach, and related processes.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 5. California Physician Corps Program [128550 - 128558] ( Article 5 added by Stats. 2005, Ch. 317, Sec. 5. ) ## 128553. (a) Program applicants shall possess a current valid license to practice medicine in this state issued pursuant to Section 2050 of the Business and Professions Code or pursuant to the Osteopathic Act. (b) The department shall develop guidelines using the criteria specified in subdivision (c) for selection and placement of applicants. The department shall interpret the guidelines to apply to both osteopathic and allopathic physicians and surgeons. (c) The guidelines shall meet all of the following criteria: (1) Provide priority consideration to applicants that are best suited to meet the cultural and linguistic needs and demands of patients from medically underserved populations and who meet one or more of the following criteria: (A) Speak a Medi-Cal threshold language. (B) Come from an economically disadvantaged background. (C) Have received significant training in cultural and linguistically appropriate service delivery. (D) Have three years of experience providing health care services to medically underserved populations or in a medically underserved area, as defined in subdivision (e) of Section 128552. (E) Have recently obtained a license to practice medicine. (2) Give preference to applicants who have completed a three-year residency in a primary specialty. (3) Give preference to applicants who agree to practice in a medically underserved area, as defined in subdivision (d) of Section 128552, and who agree to serve a medically underserved population, as defined in subdivision (e) of Section 128552. (4) Give priority consideration to applicants from rural communities. (5) Include a factor ensuring geographic distribution of placements. (6) Provide priority consideration to applicants who agree to practice in a geriatric care setting and are trained in geriatrics, and who can meet the cultural and linguistic needs and demands of a diverse population of older Californians. On and after January 1, 2009, up to 15 percent of the funds collected pursuant to Section 2436.5 of the Business and Professions Code shall be dedicated to loan assistance for physicians and surgeons who agree to practice in geriatric care settings or settings that primarily serve adults over the age of 65 years or adults with disabilities. (d) (1) The department may award up to 20 percent of the available positions established with funds from the account to program applicants from specialties outside of the primary specialties. (2) The department may, consistent with this article, create additional positions for program applicants from specialties outside of primary specialties using funds separate from the account, and not subject to paragraph (1). (e) Program participants shall meet all of the following requirements: (1) Shall be working in or have a signed agreement with an eligible practice setting, as defined by the department. (2) Shall have full-time status at the practice setting. Full-time status shall be defined by the department and the department may establish exemptions from this requirement on a case-by-case basis. (3) Shall commit to a minimum of two years of service in a medically underserved area or a practice setting serving populations in need, as defined by the department. Leaves of absence shall be permitted for serious illness, pregnancy, or other natural causes. The department shall develop the process for determining the maximum permissible length of an absence and the process for reinstatement. Loan repayment shall be deferred until the physician is back to full-time status. (f) The department shall adopt a process that applies if a physician is unable to complete their service obligation. (g) The department shall develop a process for outreach to potentially eligible applicants. (h) The department may adopt any other standards of eligibility, placement, and termination appropriate to achieve the aim of providing competent health care services in approved practice settings. (Amended by Stats. 2024, Ch. 594, Sec. 3. (SB 909) Effective January 1, 2025.)
  185. 128555.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 5. California Physician Corps Program [128550 - 128558] ( Article 5 added by Stats. 2005, Ch. 317, Sec. 5. )

    Verify source ↗

    This section creates a physician loan-repayment account and sets rules for how its money may be used and managed.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 5. California Physician Corps Program [128550 - 128558] ( Article 5 added by Stats. 2005, Ch. 317, Sec. 5. ) ## 128555. (a) The Medically Underserved Account for Physicians is hereby established within the Health Professions Education Fund. The primary purpose of this account is to provide funding for the ongoing operations of the Steven M. Thompson Physician Corps Loan Repayment Program provided for pursuant to this article. This account also may be used to provide funding for the Physician Volunteer Program provided for under this article. (b) All moneys in the Medically Underserved Account contained within the Contingent Fund of the Medical Board of California shall be transferred to the Medically Underserved Account for Physicians on July 1, 2006. (c) Funds in the account shall be used to repay loans as follows per agreements made with physicians: (1) Funds paid out for loan repayment may have a funding match from foundations or other private sources. (2) Loan repayments may not exceed the amount of the educational loans incurred by the physician participant. (d) Notwithstanding Section 11105 of the Government Code, effective January 1, 2006, the department may seek and receive matching funds from foundations and private sources to be placed in the account. “Matching funds” shall not be construed to be limited to a dollar-for-dollar match of funds. (e) Funds placed in the account for purposes of this article, including funds received pursuant to subdivision (d), are, notwithstanding Section 13340 of the Government Code, continuously appropriated for the repayment of loans. This subdivision shall not apply to funds placed in the account pursuant to Section 1341.45 and Section 14197.2 of the Welfare and Institutions Code. (f) The account shall also be used to pay for the cost of administering the program and for any other purpose authorized by this article. The costs for administration of the program may be up to 5 percent of the total state appropriation for the program and shall be subject to review and approval annually through the state budget process. This limitation shall only apply to the state appropriation for the program. (g) The department shall manage the account established by this section prudently in accordance with the other provisions of law. (Amended by Stats. 2024, Ch. 594, Sec. 4. (SB 909) Effective January 1, 2025.)
  186. 128556.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 5. California Physician Corps Program [128550 - 128558] ( Article 5 added by Stats. 2005, Ch. 317, Sec. 5. )

    Verify source ↗

    The department must establish the terms of loan repayment granted under this article.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 5. California Physician Corps Program [128550 - 128558] ( Article 5 added by Stats. 2005, Ch. 317, Sec. 5. ) ## 128556. The terms of loan repayment granted under this article shall be established by the department. (Amended by Stats. 2021, Ch. 143, Sec. 190. (AB 133) Effective July 27, 2021.)
  187. 128558.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 5. California Physician Corps Program [128550 - 128558] ( Article 5 added by Stats. 2005, Ch. 317, Sec. 5. )

    Verify source ↗

    Article 5 becomes operative on July 1, 2006.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 5. California Physician Corps Program [128550 - 128558] ( Article 5 added by Stats. 2005, Ch. 317, Sec. 5. ) ## 128558. This article shall become operative on July 1, 2006. (Added by Stats. 2005, Ch. 317, Sec. 5. Effective January 1, 2006. Note: This section prescribes a delayed operative date (July 1, 2006) for Article 5, commencing with Section 128550.)
  188. 128560.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 6. California Reproductive Health Service Corps [128560 - 128565] ( Article 6 added by Stats. 2022, Ch. 561, Sec. 2. )

    Verify source ↗

    This section defines key terms for the California Reproductive Health Service Corps article.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 6. California Reproductive Health Service Corps [128560 - 128565] ( Article 6 added by Stats. 2022, Ch. 561, Sec. 2. ) ## 128560. For purposes of this article: (a) “Corps” means the California Reproductive Health Service Corps established pursuant to Section 128561. (b) “Reproductive health” means health services relating to abortion care, sexual health counseling, contraception, sexually transmitted infections, reproductive tract infections, HIV, gynecology, perinatal care, midwifery care, gender affirming care, and gender-based violence prevention. (c) “Reproductive health care professionals” means medical doctors, licensed midwives, certified nurse-midwives, nurse practitioners, registered nurses, physician’s assistants, doulas, licensed vocational nurses, community health workers, medical assistants, and pharmacists. (d) “Scholar” means a person in the corps who is a student who has been accepted in a school or a program on a part-time or full-time basis that graduates reproductive health care professionals or who is an existing reproductive health professional who desires more training and professional development in abortion care to provide this service. (Amended by Stats. 2023, Ch. 42, Sec. 54. (AB 118) Effective July 10, 2023.)
  189. 128561.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 6. California Reproductive Health Service Corps [128560 - 128565] ( Article 6 added by Stats. 2022, Ch. 561, Sec. 2. )

    Verify source ↗

    The California Reproductive Health Service Corps is established, and the director must provide adequate staff to administer it effectively.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 6. California Reproductive Health Service Corps [128560 - 128565] ( Article 6 added by Stats. 2022, Ch. 561, Sec. 2. ) ## 128561. For the purposes of recruiting, training, and retaining a diverse workforce of reproductive health care professionals who will be part of reproductive health care teams to work in underserved areas, the California Reproductive Health Service Corps is hereby established in the department under the supervision of the director. The director shall ensure that adequate staff are provided to effectively administer the corps. (Added by Stats. 2022, Ch. 561, Sec. 2. (AB 1918) Effective January 1, 2023.)
  190. 128562.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 6. California Reproductive Health Service Corps [128560 - 128565] ( Article 6 added by Stats. 2022, Ch. 561, Sec. 2. )

    Verify source ↗

    The corps must run scholarship, stipend, loan repayment, and related support programs for reproductive health students and professionals, and it must create training and retention opportunities tied to abortion and reproductive health care.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 6. California Reproductive Health Service Corps [128560 - 128565] ( Article 6 added by Stats. 2022, Ch. 561, Sec. 2. ) ## 128562. The corps shall do all of the following: (a) (1) Administer and oversee scholarships and stipends for new reproductive health students, loan repayment for graduates who have acquired debt from attending a reproductive health professional school in the past, and other types of direct financial support for scholars, in exchange for a three-year term of obligated service in California at a corps-approved site. (2) Pay a learning institution, teaching facility, or approved clinical training site directly on behalf of scholar, including for tuition, fees, facility costs, teaching costs, and preceptor time. (3) Provide an annual payment for education-related costs and a monthly stipend to cover living expenses directly to a scholar. The corps shall consider family size and numbers of dependents when determining stipend amounts. (4) Offer existing reproductive health professionals an option for loan forgiveness for each year of service. (5) Offer scholars stipends or reimbursement for childcare, eldercare, housing, health care coverage with coverage for mental health services, and transportation to eliminate known obstacles of educational completion for scholars. (6) Notwithstanding paragraphs (2) to (5), inclusive, scholarships, stipends, and obligated service shall be independently assessed for doula education due to the diverse pathways for education. (b) (1) Identify and create opportunities for scholars to receive supplemental trainings in comprehensive sexual and reproductive health care, including miscarriage management, aspiration abortion, and medication abortion, through partnerships with and financial support for California-based external partners providing and enabling clinical abortion training. (2) Identify and create a postgraduate practice integration and retention program by funding organizations providing technical assistance and support to scholars, placement sites, or both to support incorporation of abortion services at service site or into a scholar’s practice. (3) The Legislature finds that external contracts are critically important to the success of the corps to supplement the lack of training in abortion currently available at medical, nursing, or health care professional schools and to support service integration and retention posttraining. Supplemental programs are needed for scholars to be adequately trained before graduation. (Added by Stats. 2022, Ch. 561, Sec. 2. (AB 1918) Effective January 1, 2023.)
  191. 128563.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 6. California Reproductive Health Service Corps [128560 - 128565] ( Article 6 added by Stats. 2022, Ch. 561, Sec. 2. )

    Verify source ↗

    The corps must prioritize selecting scholars from historically excluded populations and underserved areas, and those scholars must meet one of the listed eligibility criteria.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 6. California Reproductive Health Service Corps [128560 - 128565] ( Article 6 added by Stats. 2022, Ch. 561, Sec. 2. ) ## 128563. (a) The corps shall prioritize the selection of scholars from historically excluded populations and underserved areas, who reflect the patient populations they serve, to ensure greater inclusion and improved diverse representation in the reproductive health services workforce. (b) Scholars from historically excluded populations shall meet one of the following criteria: (1) Were or currently are homeless. (2) Were or currently are in the foster care system. (3) Were eligible for the National School Lunch Program for two or more years as a child. (4) Do not have or have not had parents or legal guardians who completed a bachelor’s degree. (5) Were or currently are eligible for federal Pell Grants. (6) Received support from the California Special Supplemental Nutrition Program for Women, Infants, and Children as a parent or child. (7) Reside or grew up in one of the following areas: (A) A rural area, as designated by the Rural Health Grants Eligibility Analyzer of the Health Resources and Services Administration (HRSA) of the United States Department of Health and Human Services. (B) A health professional shortage area, as designated by the HRSA. (8) Is an individual with a disability, meaning a person with a physical or mental impairment that substantially limits one or more major life activities, as described in the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), as amended. (Added by Stats. 2022, Ch. 561, Sec. 2. (AB 1918) Effective January 1, 2023.)
  192. 128564.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 6. California Reproductive Health Service Corps [128560 - 128565] ( Article 6 added by Stats. 2022, Ch. 561, Sec. 2. )

    Verify source ↗

    A scholar must complete abortion training, provide or help provide reproductive health services, work three years at a corps-approved site in specified areas or populations, and acknowledge breach of contract if the service period is not completed.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 6. California Reproductive Health Service Corps [128560 - 128565] ( Article 6 added by Stats. 2022, Ch. 561, Sec. 2. ) ## 128564. (a) A scholar shall do all of the following: (1) Agree to complete abortion training as part of their health care education and to provide, or participate on a team that provides, reproductive health services with the inclusion of medical abortion or procedural abortion and miscarriage management. (2) Commit to working for three years at a corps-approved site in one of the following areas or with one of the following populations: (A) A health professional shortage area, as designated by the HRSA. (B) A medically underserved area or with a medically underserved population, as mapped by the HRSA. (C) A Maternity Care Health Professional Target Area, as designated by HRSA, or a maternity care desert, as designated by the March of Dimes. (D) A rural area, as designated by the federal Centers for Medicare and Medicaid Services. (E) A California county identified to have no abortion services. (F) An area where the majority of patients are covered under the Medi-Cal program. (3) Agree, in writing, that if the scholar fails to complete the period of obligated service at a corps-approved site, they will be in breach of contract. (b) Notwithstanding paragraph (2) of subdivision (a), a scholar or a site may petition the corps for approval of a site based on the reproductive health needs of specific communities or populations or the area’s specific linguistic needs. (c) With the authorization of the corps, a scholar may transfer to a new site to complete their obligated service. The corps shall define the criteria for transfer eligibility. Under certain defined conditions, the corps shall assist the scholar to find a new approved site. (d) When a scholar is employed at a corps-approved site, the scholar shall be subject to the personnel system of that entity. (Added by Stats. 2022, Ch. 561, Sec. 2. (AB 1918) Effective January 1, 2023.)
  193. 128565.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 6. California Reproductive Health Service Corps [128560 - 128565] ( Article 6 added by Stats. 2022, Ch. 561, Sec. 2. )

    Verify source ↗

    The department must evaluate the corps five years after implementation and report its findings to the Legislature by January 1, 2029.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 6. California Reproductive Health Service Corps [128560 - 128565] ( Article 6 added by Stats. 2022, Ch. 561, Sec. 2. ) ## 128565. (a) The department shall conduct an evaluation five years after implementation to assess the impact and effectiveness of the corps. The evaluation shall include all of the following: (1) The number of health care providers from underrepresented racial, ethnic, socioeconomic, and geographic backgrounds that have completed the corps program. (2) The number of scholars and corps graduates who are practicing in underserved areas. (3) The geographic areas served by scholars and corps graduates and geographic placement gaps that persist. (4) The provider types utilizing the corps. (5) The number of scholars and corps graduates who have integrated abortion care into their practices. (6) The number of applicants to the corps. (7) The number of awardees who do not meet their service requirement, by provider type. (b) The department shall report its findings to the Legislature on or before January 1, 2029. The report shall be submitted in compliance with Section 9795 of the Government Code. (c) This section shall remain in effect only until January 1, 2031, and as of that date is repealed. (Added by Stats. 2022, Ch. 561, Sec. 2. (AB 1918) Effective January 1, 2023. Repealed as of January 1, 2031, by its own provisions.)
  194. 128570.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 7. Nurse-Midwifery Education Program [128570 - 128572] ( Article 7 added by Stats. 2025, Ch. 601, Sec. 2. )

    Verify source ↗

    This section creates the California Nurse-Midwifery Education Fund, requires the department to administer it, and allows the fund to receive specified money and donations.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 7. Nurse-Midwifery Education Program [128570 - 128572] ( Article 7 added by Stats. 2025, Ch. 601, Sec. 2. ) ## 128570. (a) The California Nurse-Midwifery Education Fund is hereby created within the Department of Health Care Access and Information for the purpose of establishing California-based, master’s level, nurse-midwifery education programs within the California State University, the University of California, or both. (b) The department shall administer the fund. The fund shall receive moneys from the General Fund for the purposes of this article upon appropriation by the Legislature. (c) It is the intent of the Legislature for the 2025–26 state fiscal year, for two million dollars ($2,000,000) to be appropriated from the General Fund to the department for use in the California Nurse-Midwifery Education Fund. (d) The fund may receive donations and contributions from public and private entities, partnerships between public and private entities, fees, cash advances, and transfers from the General Fund. (Added by Stats. 2025, Ch. 601, Sec. 2. (SB 520) Effective January 1, 2026.)
  195. 128571.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 7. Nurse-Midwifery Education Program [128570 - 128572] ( Article 7 added by Stats. 2025, Ch. 601, Sec. 2. )

    Verify source ↗

    The department must set application criteria and ensure funded education programs can offer a master’s degree, while the programs must meet California nurse-midwifery accreditation requirements and the fund must cover operating costs for a limited period.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 7. Nurse-Midwifery Education Program [128570 - 128572] ( Article 7 added by Stats. 2025, Ch. 601, Sec. 2. ) ## 128571. (a) The department shall establish competitive application criteria to ensure the optimal sites selection for the education programs within the California State University system or the University of California, including prioritization of programs that serve an area of demonstrated maternity or midwifery workforce need. (b) The department shall ensure that a master’s degree is an option for students as the culminating degree of the education programs receiving funds. (c) The education programs shall meet the regulatory requirements for nurse-midwifery education in California and the necessary requirements to be accredited or preaccredited by the Accreditation Commission for Midwifery Education. The programs are not required to be located within a school of nursing. (d) The fund shall support the annual operating costs for the development, operation, and maintenance of the education programs through the graduation of the first cohort of matriculated students, or five years, whichever is shorter. (Added by Stats. 2025, Ch. 601, Sec. 2. (SB 520) Effective January 1, 2026.)
  196. 128572.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 7. Nurse-Midwifery Education Program [128570 - 128572] ( Article 7 added by Stats. 2025, Ch. 601, Sec. 2. )

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    Funds received for the fund must supplement, and not replace, existing or future funding for midwifery workforce education programs, and allocated funds must also supplement the university’s budget allocations.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 3. HEALTH PROFESSIONS DEVELOPMENT [127775 - 128572] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 5. Health Professions Education Programs [128330 - 128572] ( Heading of Chapter 5 amended by Stats. 2021, Ch. 143, Sec. 159. ) ## ARTICLE 7. Nurse-Midwifery Education Program [128570 - 128572] ( Article 7 added by Stats. 2025, Ch. 601, Sec. 2. ) ## 128572. Any funds, public or private, received for the fund shall supplement, not supplant, any current or future funding to midwifery workforce education programs, including allocations to midwifery education programs administered through the Song-Brown Health Care Workforce Training Act pursuant to Article 1 (commencing with Section 128200) of Chapter 4. Any funds allocated to the education programs receiving funds shall supplement, not supplant, the university’s budget allocations for any fiscal year. (Added by Stats. 2025, Ch. 601, Sec. 2. (SB 520) Effective January 1, 2026.)
  197. 1286.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. )

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    Health facilities must keep smoking out of specified areas, post required signs, and reassign patients within a reasonable time if occupancy is full.

    ## 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 3. Regulations [1275 - 1289.5] ( Article 3 added by Stats. 1973, Ch. 1202. ) ## 1286. (a) Smoking a tobacco product shall be prohibited in patient care areas, waiting rooms, and visiting rooms of a health facility, except those areas specifically designated as smoking areas, and in patient rooms as specified in subdivision (b). (b) Smoking a tobacco product shall not be permitted in a patient room unless all persons assigned to the room have requested a room where smoking is permitted. In the event that the health facility occupancy has reached capacity, the health facility shall have reasonable time to reassign patients to appropriate rooms. (c) Clearly legible signs shall either: (1) State that smoking is unlawful and be conspicuously posted by, or on behalf of, the owner or manager of the health facility, in all areas of a health facility where smoking is unlawful, or (2) Identify “smoking permitted” areas, and be posted by, or on behalf of, the owner or manager of the health facility, only in areas of the health facility where smoking is lawfully permitted. If “smoking permitted” signs are posted, there shall also be conspicuously posted, near all major entrances, clearly legible signs stating that smoking is unlawful except in areas designated “smoking permitted.” (d) No signs pertaining to smoking are required to be posted in patient rooms. (e) This section shall not apply to skilled nursing facilities, intermediate care facilities, and intermediate care facilities for the developmentally disabled. (f) For purposes of this section, “smoking” has the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code. (g) For purposes of this section, “tobacco product” means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code. (Amended by Stats. 2016, 2nd Ex. Sess., Ch. 7, Sec. 12. (SB 5 2x) Effective June 9, 2016.)
  198. 128675.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. )

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    This chapter is named the Health Data and Advisory Council Consolidation Act.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 128675. This chapter shall be known as the Health Data and Advisory Council Consolidation Act. (Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)
  199. 128680.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. )

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    The office must review the data every year and may revise, add, or delete items as needed, but it must consult affected state agencies and industry when changing data items and cannot change certain records without prior authorizing legislation unless federal law or a judicial decision requires it.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 128680. The Legislature hereby finds and declares that: (a) Significant changes have taken place in recent years in the health care marketplace and in the manner of reimbursement to health facilities by government and private third-party payers for the services they provide. (b) These changes have permitted the state to reevaluate the need for, and the manner of data collection from health facilities by the various state agencies and commissions. (c) It is the intent of the Legislature that as a result of this reevaluation that the data collection function be consolidated in a single state agency. It is the further intent of the Legislature that the single state agency only collect that data from health facilities that are essential. The data should be collected, to the extent practical on consolidated, multipurpose report forms for use by all state agencies. (d) It is the further intent of the Legislature to eliminate the California Health Facilities Commission, the State Advisory Health Council, and the California Health Policy and Data Advisory Commission, and to consolidate data collection and planning functions within the office. (e) It is the Legislature’s further intent that the review of the data that the state collects be an ongoing function. The office shall annually review this data for need and shall revise, add, or delete items as necessary. The office shall consult with affected state agencies and the affected industry when adding or eliminating data items. However, the office shall neither add nor delete data items to the Hospital Discharge Abstract Data Record or the quarterly reports without prior authorizing legislation, unless specifically required by federal law or judicial decision. (f) The Legislature recognizes that the authority for the California Health Facilities Commission is scheduled to expire January 1, 1986. It is the intent of the Legislature, by the enactment of this chapter, to continue the uniform system of accounting and reporting established by the commission and required for use by health facilities. It is also the intent of the Legislature to continue an appropriate, cost-disclosure program. (Amended by Stats. 2011, Ch. 32, Sec. 20. (AB 106) Effective June 29, 2011. Operative January 1, 2012, by Sec. 73 of Stats. 2011, Ch. 32.)
  200. 128685.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. )

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    Certain intermediate care facilities/developmentally disabled-habilitative are exempt from this chapter.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 5. HEALTH DATA [128675 - 128920] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facility Data [128675 - 128810] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 128685. Intermediate care facilities/developmentally disabled-habilitative, as defined in subdivision (e) of Section 1250, are not subject to this chapter. (Added by Stats. 1995, Ch. 415, Sec. 9. Effective January 1, 1996.)

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